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New York has a unique law to protect construction workers who work at heights. This law imposes strict liability on contractors and property owners who fail to provide scaffolding and fall protection for workers on scaffolding or staging. 

New York’s scaffold law, combined with the state’s workers’ compensation system, gives workers several options for seeking remuneration after a construction accident. 

FAQ: Understanding New York’s Scaffold Law 

What is New York’s scaffold law?
The scaffold law (Labor Law § 240) requires contractors and property owners to provide proper scaffolding, staging, and fall protection for workers at heights to prevent serious injuries. 

Who is protected under the scaffold law?
Construction workers performing tasks like erecting, demolishing, painting, or cleaning on elevated surfaces are protected. Homeowners of one- or two-family homes generally aren’t liable unless they act as contractors. 

What are contractors required to provide under the scaffold law?
Contractors must supply scaffolding, hoists, ladders, ropes, braces, and safety equipment strong enough to support four times the expected weight. Fall protection like safety rails is also required for elevated scaffolds. 

What happens if a contractor or property owner violates the scaffold law?
Violating the scaffold law imposes strict liability. Injured workers can sue for all losses caused by the fall, without proving negligence, as long as the injury occurred under unsafe scaffold conditions. 

How does a scaffold law claim differ from workers’ compensation?
Workers’ comp covers only employers and pays partial wage replacement. Scaffold law claims can include property owners, allow full recovery of lost income, and seek compensation for all accident-related losses. 

Do I need a lawyer for a scaffold law claim?
Yes. An experienced attorney can assess liability, guide your claim, and pursue maximum compensation for injuries caused by unsafe scaffolding or fall protection failures. 

What Is the Scaffold Law? 

Falls are one of OSHA’s “Fatal Four” accidents. They’re responsible for roughly 59% of construction worker deaths. Falls from scaffolding and staging account for about 18% of all construction falling accidents. 

New York law imposes a legal duty on construction contractors and owners of buildings under construction to provide safety equipment to reduce fatal falls. Labor Law § 240 contains the following three parts: 

Provide Scaffolding or Staging 

Part one of the scaffold law requires contractors and building owners to provide the following for construction workers who work at heights: 

• Scaffolding 
• Hoists 
• Stays 
• Ladders 
• Slings 
• Hangers 
• Blocks and pulleys 
• Braces 
• Irons 
• Ropes 

In other words, these parties must furnish equipment rather than forcing workers to improvise when working at elevated levels. 

Importantly, the law requires this equipment for more than just construction workers. It must be provided when erecting, demolishing, repairing, altering, painting, cleaning, or pointing any building or structure. 

The only parties exempted from this rule are homeowners of one- and two-family dwellings who hire contractors and don’t control the work performed. Thus, owners of single-family and duplex residences generally aren’t responsible for complying with the law unless they act as contractors on their projects. 

Supply Fall Protection 

Contractors who provide scaffolding or staging that’s more than 20 feet above the ground or suspended from an overhead support must include fall protection, including the following: 

• Safety rails rising at least 34 inches from the surface 
• Fasteners to hold the scaffolding or staging to the building or structure 

The law exempts scaffolding that’s entirely within a building and covers the entire floor space. This setup extends from wall to wall, eliminating the need for a safety rail. 

Construct Scaffolding to Certain Specifications 

The final section of the law requires the contractor or property owner to offer scaffolding strong enough to bear four times the maximum expected weight. This weight requirement was devised to include the workers and any construction materials. 

Penalties for Violating the Scaffold Law 

New York’s scaffold law isn’t a workplace regulation. Rather, the penalty for violating it is strict liability for any resulting worker injuries. 

This means that the state doesn’t fine the contractor or property owner for failing to comply with the statute. Moreover, workers can’t sue simply because their employer or the property owner neglected to provide scaffolding or fall protection. 

The law only comes into play when a worker is injured in a fall from an elevated level that didn’t have scaffolding in compliance with the statute’s requirement. 

Differences Between Workers’ Compensation and a Scaffold Lawsuit 

Employers are strictly liable for violations of the scaffold law. Under New York’s workers’ compensation laws, they’re also strictly liable for all on-the-job injuries. 

Strict liability means an injured worker can pursue a claim without proving that the contractor or property owner acted negligently. They only need to demonstrate that the injury occurred under the conditions covered by the law. 

On the surface, workers’ rights appear to be the same under either law. However, there are several key differences. 

First, workers must file a lawsuit to recover compensation for injuries caused by a scaffold law violation. Conversely, they must file an insurance claim to receive workers’ comp benefits. 

Second, workers injured in falls from non-compliant scaffolds can pursue compensation for all losses that resulted from their accidents. 

By contrast, those who qualify for workers’ comp benefits only receive partial compensation. Specifically, workers’ comp only pays two-thirds of a worker’s average weekly wage, while a scaffold safety lawsuit can seek to recover all lost income. 

Finally, the scaffold law includes property owners as potentially liable parties. Workers’ compensation, meanwhile, only makes employers and their workers’ comp insurers liable for employee injuries. 

Ask4Sam to Discuss Your Construction Site Accident 

A fall at work could have a devastating impact on your health, quality of life, and financial stability. If the accident was preventable, you may have the right to pursue a personal injury or workers’ compensation claim and obtain financial support to cover your various losses. 

The knowledgeable lawyers at Silberstein & Miklos, P.C., are intimately familiar with New York’s scaffold law and its implications for injured workers. Contact us today to get the reliable legal assistance you need in seeking justice and fair compensation.