Hurt on NYC Scaffolding? Labor Law 240 Protects You
New York Labor Law § 240(1) requires owners and general contractors (and their agents) to furnish proper safety devices for certain elevation-related construction work. When a violation is a proximate cause of a gravity-related injury, those parties can be liable even if the worker was also negligent. See the statute (Labor Law § 240(1)) and key Court of Appeals decisions (Blake v. Neighborhood Hous. Servs.; Runner v. NYSE; Ross v. Curtis-Palmer).
What Is New York Labor Law § 240 (the Scaffold Law)?
This statute imposes a nondelegable duty on owners and contractors (and their agents) to provide proper protection to workers engaged in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure when exposed to elevation-related hazards. Required devices include scaffolds, ladders, hoists, slings, hangers, blocks, pulleys, braces, irons, ropes, and other safety equipment. See § 240(1); see also Ross v. Curtis-Palmer (nondelegable duty).
Who Is Protected?
Covered workers include those performing the listed activities who face elevation-related risks, such as falls from heights or injuries from falling objects. The scope is broad but not limitless. Some routine cleaning tasks may fall outside § 240 if not the kind of cleaning contemplated by the statute. See Broggy v. Rockefeller Group.
Owners of one- and two-family dwellings are generally exempt if they do not direct or control the work. See § 240(1).
What Makes a § 240 Claim Different?
When a statutory violation is a proximate cause of a gravity-related injury, liability attaches regardless of the owner's or contractor's ordinary negligence, and comparative negligence by the worker is not a defense. See Zimmer v. Chemung County Performing Arts; Blake v. Neighborhood Hous. Servs.. However, § 240 is not absolute liability: the plaintiff must prove a statutory violation and proximate cause, and defenses like sole proximate cause or recalcitrant worker can defeat a claim in appropriate cases. See Gallagher v. New York Post.
Common Scaffold and Height-Related Scenarios
- Falls from scaffolds, ladders, or roof edges due to missing guardrails, tie-offs, or other protections
- Scaffold collapses or planking failures
- Falling objects where loads or materials required securing for the task at hand
- Defective or improperly erected scaffolds
- Missing or inadequate safety devices (harnesses, lifelines, anchors)
Courts focus on whether the task was covered, whether the risk was elevation-related, and whether appropriate safety devices were needed and absent or inadequate. See Rocovich v. Con Ed (elevation-related risks); Runner (gravity-related harm beyond falls); Narducci v. Manhasset Bay Assocs. and Ortiz v. Varsity Holdings (falling-object nuances); Fabrizi v. 1095 Ave. of the Americas (necessity and adequacy of devices).
How § 240 Interacts With Workers' Compensation
Workers' compensation generally covers medical care and a portion of lost wages after a jobsite injury. A § 240 claim is a separate civil action against liable owners, contractors, or their agents—not the employer—and may allow recovery for full lost earnings, pain and suffering, and other damages unavailable under workers' comp. See Workers' Comp Law § 11. You can typically pursue both workers' compensation and a separate Labor Law claim arising from the same incident.
Proving a Scaffold Law Case
Successful claims typically establish that:
- The worker was engaged in a covered activity under § 240(1)
- The accident involved a gravity-related risk (fall from a height or falling object)
- An owner, contractor, or agent failed to provide proper protection or an enumerated device failed
- The violation was a proximate cause of the injury
Evidence often includes incident reports, site photos and equipment images, witness statements, site safety plans and permits, and expert analysis. See Blake; Fabrizi.
Potential Defenses
- Sole proximate cause: Adequate safety devices were available; the worker knew they were expected to use them; failed to do so or misused them; and that was the only cause of the accident. See Gallagher.
- Recalcitrant worker: The worker disregarded specific instructions to use provided safety devices.
- Outside § 240's scope: The task was not a covered activity or the hazard was not elevation-related. See Rocovich; Broggy.
- Homeowner exception: One- or two-family homeowners who do not direct or control the work are exempt. See § 240(1).
Other Related New York Labor Laws
- Labor Law § 241(6): Construction, excavation, and demolition safety; claims may be based on violations of specific Industrial Code provisions.
- Labor Law § 200: General duty to provide a safe workplace (negligence-based).
These can be pleaded alongside § 240 where facts support multiple theories. See Ross.
What to Do After a Scaffolding or Height-Related Accident
- Report the incident promptly to your employer or site supervisor
- Seek immediate medical attention and follow treatment plans
- Preserve and photograph the scene, equipment, and injuries if safe to do so
- Identify witnesses and subcontractors present
- Avoid recorded statements to insurance adjusters before speaking with counsel
- Consult a construction injury attorney familiar with New York Labor Law
Practical Tips
- Write down the make and model of any ladder, scaffold, or device involved
- Ask a trusted coworker to save texts, emails, or Daily Reports referencing missing protection
- Request copies of incident reports and your medical records
- Do not return defective equipment to service; photograph it first
Checklist: Building a Strong § 240 Case
- Photos of the scene and equipment from multiple angles
- Names and contacts of witnesses, foremen, and subcontractors
- Copies of permits, site safety plans, and toolbox talks
- Medical records linking injuries to the incident
- Employment records showing lost time and wages
- Any OSHA or DOB inspection findings
Deadlines and Timing
Many personal injury claims have a three-year statute of limitations in New York. See CPLR 214(5). When suing certain public entities, a Notice of Claim may be due within 90 days and suit within one year and 90 days. See GML § 50-e; GML § 50-i. Because timing depends on the facts and parties, consult counsel promptly.
How Our Firm Can Help
We evaluate whether your task and accident are covered by § 240, preserve evidence, identify all responsible parties, coordinate with your workers' compensation benefits, and pursue all damages available under New York law. We work with qualified experts and act quickly to meet all procedural requirements.
Talk to a New York construction injury attorney today.
FAQs
Does comparative negligence reduce recovery under § 240?
No. If a § 240 violation is a proximate cause of the accident, comparative negligence does not reduce recovery. The defense is instead framed as sole proximate cause or recalcitrant worker in appropriate cases.
Can I sue my employer under § 240?
Generally no. Workers' compensation is the exclusive remedy against your direct employer, but you may sue liable owners, contractors, or their agents.
Do falling object cases qualify if nothing actually fell on me?
Possibly. Gravity-related risks encompass more than falls from heights. Courts look to whether the harm flowed directly from the force of gravity in the work being performed.
What if I was using a ladder but it slipped?
If the ladder was inadequate, unsecured, or lacked proper safety features and that failure was a proximate cause, § 240 may apply.
Are homeowners always exempt?
No. The one- or two-family homeowner exemption does not apply if the homeowner directed or controlled the work or if the property is used for commercial purposes.
What damages are available?
In a civil § 240 action you may seek full lost earnings, medical expenses not covered by comp, pain and suffering, and other consequential damages.
Disclaimer
This information concerns New York law only. It is for general informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines vary and may be short (for example, notice-of-claim requirements for municipal defendants). Consult a licensed New York attorney about your specific situation.