New York Labor Law Section 240: The Scaffold Law That Protects Construction Workers
New York’s Labor Law Section 240(1) — known as the Scaffold Law — is one of the strongest worker protection statutes in the United States. It imposes absolute liability on property owners and general contractors when construction workers are injured in gravity-related accidents. Understanding this powerful law is essential for any construction worker injured on a New York job site.
What the Scaffold Law Covers
Labor Law Section 240(1) requires owners and general contractors to provide construction workers with proper protection against gravity-related risks. Covered accidents include falls from scaffolding, ladders, roofs, and elevated platforms, as well as injuries from falling tools, materials, and equipment. The law covers both the worker who falls and the worker struck by something falling.
Absolute Liability: What It Means
Absolute liability means that if the accident is covered by Section 240(1), the property owner and general contractor are liable — regardless of any fault on the part of the worker. Even if a worker was careless, even if they violated a safety rule, the owner and general contractor cannot escape liability under the Scaffold Law. This is the most worker-protective provision in New York personal injury law.
Who Is Protected?
The Scaffold Law, Section 240(1), protects workers engaged in the erection, demolition, repairing, altering, painting, cleaning, and pointing of a building or structure. Workers employed by subcontractors are protected to the same degree as workers employed directly by the general contractor or owner.
Workers’ Compensation and Section 240 Claims
A Section 240(1) claim is a third-party lawsuit completely separate from workers’ compensation. Workers’ comp provides limited benefits — medical costs and partial wage replacement — but no pain and suffering compensation. A successful §240 lawsuit recovers the full value of the worker’s damages, including pain and suffering. Both claims can be pursued simultaneously.
If you were injured in a gravity-related construction accident in New York, the Scaffold Law may give you an absolute right to full compensation. Contact Stengel Law for a free consultation. If you have questions about the Scaffold Law or a construction accident, then contact The Law Firm of Andrew M. Stengel, P.C. for a free, confidential consultation to provide clarity and direction. Schedule a consultation with The Law Firm of Andrew M. Stengel, P.C. by emailing info@stengellaw.com or by using our scheduler at https://calendly.com/stengellaw.
