As a New York construction worker, understanding your rights and protections under labor law is important. But if there is one law you should be familiar with, it is Labor Law 240.
This statute, nicknamed the Scaffold Law, holds contractors and owners strictly liable for accidents that occur due to unsafe scaffolding. If you were recently injured after falling from a height, Labor Law 240 may expand your options for seeking compensation.
Learn more about your rights under the Scaffold Law, then speak with a construction accident lawyer in New York for personalized legal guidance.
What Is Labor Law 240 (Scaffold Law)?
Labor Law 240 is a historic New York law originally enacted in 1885 to protect construction workers against gravity-related incidents. The law has been expanded and revised several times since then to provide even broader protections, which set it apart from similar laws in other states.
The Scaffold Law requires construction sites to take certain safety measures when working at heights:
- Scaffolding that is at least 20 feet off the ground, suspended from overhead supports, or built with stationary supports must have a secure safety rail that is at least 34 inches high.
- Scaffolding must be securely fastened to prevent it from swaying.
- All scaffolding must be able to bear at least four times the maximum weight required for use.
When a worker is injured due to violations of the Scaffold Law, owners or contractors can be held strictly liable for their injuries, meaning the injured worker would not need to prove negligence.
For a worker to be protected under the Scaffold Law, they must have been engaged in one of these activities when the accident occurred:
- Cleaning
- Painting
- Altering
- Erection work
- Demolition
- Pointing (mortar repair)
- Repairing
They must have also been engaged in actual construction work, not maintenance or decorative work.
Construction Workers’ Rights Under the New York Scaffold Law
Falling from heights can cause serious, life-altering injuries, which is why Labor Law 240 is so important for protecting workers. However, this type of accident still occurs across New York City every year. NYC Buildings reported that in the first quarter of 2025 alone, approximately 55 falls happened in the construction industry, leading to three deaths. Falls accounted for 48% of all construction-related accidents assessed in the report.
If you were injured after falling from a height at your construction job, you have rights and options. A construction accident lawyer can review your case, help you understand how the Scaffold Law in New York may apply, and guide you through your next steps.
The Right To Claim Workers’ Compensation
As an injured worker in New York, you generally have the right to claim workers’ compensation, regardless of how your accident happened. The majority of employers in New York are required to offer workers’ comp benefits, and your accident would qualify as long as it happened while you were performing your job duties.
Workers’ compensation can provide you with reimbursement for your medical expenses related to the accident. It can also give you up to two-thirds of lost wages if your injury requires you to be off work for more than 14 days.
If you don’t think your accident falls under Scaffold Law, pursuing workers’ compensation may be a good alternative option. It is still wise to consult an attorney to understand all of your rights regarding compensation for height-related construction accidents.
The Right To Hold a Contractor or Owner Strictly Liable if the Accident Occurred Due to Violations of Labor Law 240
You may have the right to hold the contractor or owner overseeing your construction site strictly liable if:
- A violation of the Scaffold Law was present at the time of the accident.
- This violation directly led to your injury.
- You are a qualifying employee.
- You were performing construction work at the time of the accident.
An attorney can review the circumstances of your accident to help you understand how the Scaffold Law applies. Holding the contractor or owner strictly liable may give you the opportunity to pursue both economic and non-economic damages from them.
The Right To Report a Safety Violation to OSHA
You always have the right to report safety violations at your workplace to OSHA. Doing so may prompt an investigation to uncover safety concerns and compel your employer to resolve them, which can help prevent future accidents.
A few common OSHA violations that may lead to falls include:
- Inadequate or missing fall protection
- Improper scaffolding construction
- Misuse of ladders
- Inadequate training and safety programs
- Unprotected sides, floor holes, and wall openings
While you may not be able to hold your employer liable for an OSHA violation that led to your accident, you could use a violation as evidence against a third party.
How an Attorney Can Help You After a Fall From a Height
Understanding whether your accident meets the guidelines under Labor Law 240 can be challenging, especially if you are focused on recovering from serious injuries. An experienced construction accident attorney can assist you with a range of legal tasks to ultimately help you move forward from this event.
- Explain legal protections for construction workers in New York and how they apply to your case
- Examine the circumstances of your accident to help you determine whether a violation of Labor Law 240 was at play
- Collect evidence of labor law or OSHA violations that contributed to your accident
- Help you file a workers’ compensation claim
- Explore a third-party injury lawsuit
- Speak with all parties on your behalf
Consult Our Construction Accident Attorneys Today
Whether or not your fall involved a violation of Labor Law 240, you likely have a long road to recovery ahead. An experienced accident attorney can help you begin moving forward with qualified legal guidance and representation.
At Ross & Hill, we represent injured parties across cases ranging from premises liability for construction zone injuries to third-party lawsuits against a contractor. Request a free consultation today by calling 646-351-6222.
Frequently Asked Questions
Can you still hold a contractor strictly liable for a fall even if you were partially at fault?
Under Labor Law 240, you may still be able to hold a contractor or owner liable for your injuries without actually proving that their negligence caused the accident. You would need to prove that safety measures required under the Scaffold Law were missing from your site and that those missing safety measures led to your accident.
Can you hold a contractor or owner strictly liable for other safety violations?
Generally, strict liability only applies to safety violations under the Scaffold Law. If other types of safety violations were present on your site, you may be able to use these as evidence to support a traditional personal injury claim, with the goal of proving a third party’s negligence in your accident.
What is the statute of limitations for pursuing a lawsuit under the Scaffold Law?
The statute of limitations for pursuing a lawsuit under the Scaffold Law is typically three years from the date of the accident in New York. This is the deadline that applies generally to personal injury lawsuits, though some exceptions do apply.
Do you need to go to court for a Scaffold Law lawsuit?
If you are thinking of pursuing legal action under Labor Law 240, you may not need to go to court. Many construction accident cases settle out of court. Speak with an attorney about what to expect during this process.
