Understanding New York's Scaffold Law (Labor Law 240/241)
New York's Scaffold Law (Labor Law Section 240 and 241) provides some of the strongest protections for construction workers in the nation. If you've been injured in a construction-related fall or accident, understanding this law is crucial to getting the compensation you deserve.
What is the Scaffold Law?
Labor Law 240(1), commonly known as the Scaffold Law, holds property owners and contractors strictly liable for gravity-related injuries to construction workers.
1Strict Liability Standard
Unlike most personal injury cases, you don't need to prove negligence. If you were injured in a covered activity and proper safety devices weren't provided, the property owner/contractor is automatically liable.
2Who is Protected
Workers involved in construction, demolition, repair, alteration, or painting of buildings and structures.
Helpful Tips
- •This law applies even if you were partially at fault
- •Comparative negligence doesn't apply to Scaffold Law cases
- •Property owners and general contractors cannot escape liability by hiring subcontractors
Types of Covered Accidents
The Scaffold Law covers various types of elevation-related accidents:
1Falls from Heights
Falls from scaffolds, ladders, roofs, or other elevated surfaces.
2Falling Objects
Injuries from tools, materials, or debris falling from above.
3Improper Equipment
Injuries caused by defective, inadequate, or improperly placed safety equipment.
Conclusion
New York's Scaffold Law provides powerful protections for construction workers. If you've been injured in a fall or by a falling object on a construction site, you may have a strong claim regardless of whether you were partially at fault. Consult with an attorney experienced in Labor Law 240 cases to understand your rights.
Frequently Asked Questions
Does the Scaffold Law apply to homeowners?
Generally no. The law typically doesn't apply to single-family homes being used as residences when the owner is having work done. However, there are exceptions, so consult with a lawyer.
Can I still collect workers' comp and sue under the Scaffold Law?
Yes. Workers' compensation is separate from a Scaffold Law lawsuit. You can receive workers' comp benefits AND sue the property owner or general contractor (but not your direct employer).
What if I wasn't using the safety equipment provided?
Under the Scaffold Law's strict liability standard, your failure to use equipment doesn't automatically bar recovery. Courts will examine whether the equipment was adequate and properly positioned.
Content provided by: NY Legal Resource Center
Disclaimer: This guide provides general information only and does not constitute legal advice. Individual circumstances vary, and you should consult with a qualified attorney for advice specific to your situation.