Understanding New York’s “Scaffold Law”

If you work in construction in New York, you’ve probably heard of the Scaffold Law. For decades, it has been one of the strongest legal protections for workers injured in falls from heights. While some consider it outdated, the law continues to play a crucial role in holding contractors and property owners accountable for ensuring job site safety. If you were hurt on a construction site involving a fall, this law could impact your ability to recover compensation.

What Is the Scaffold Law?

New York Labor Law §240, commonly referred to as the Scaffold Law, places full liability on property owners and general contractors for gravity-related injuries to construction workers. This includes falls from ladders, scaffolding, roofs, and other elevated work surfaces. It also applies when a falling object strikes a worker due to a lack of proper safety equipment.

What sets the Scaffold Law apart from other injury laws is that it imposes absolute liability on the responsible parties. That means if the safety requirements of the law weren’t met and a worker was injured as a result, the property owner or contractor is automatically liable. The injured worker does not have to prove negligence on the part of the employer.

However, the law only applies in certain situations. It covers construction, demolition, repair, alteration, painting, cleaning, and erection work, not routine maintenance. It also only applies to employees, not independent contractors or bystanders.

Why It Matters for Injured Workers

The Scaffold Law is powerful because it shifts the burden to the people in charge of the worksite. Workers often have little control over the equipment they’re given, the safety gear they receive, or the conditions under which they work. If a worker falls due to faulty scaffolding or a missing harness, the law allows them to hold the responsible party fully accountable for their injuries.

This can make a huge difference in a personal injury lawsuit. Under most other laws, individuals who are injured must prove that someone else acted negligently. Under Labor Law §240, the focus is simply on whether safety protections were lacking or failed.

Damages in a Scaffold Law claim may include:

• Medical expenses
• Lost wages and reduced earning potential
• Pain and suffering
• Long-term disability or disfigurement

Contractors and insurers often try to shift blame onto the worker. However, courts have repeatedly ruled that the law is intended to protect workers first. Even if a worker made a mistake, the property owner or contractor may still be liable if the proper safety measures were not in place.

Talk to Silberstein & Miklos About Your Construction Injury

If you were injured in a fall while working on a construction site in New York City, you may be protected under the Scaffold Law. At Silberstein & Miklos, we aggressively pursue full compensation for injured workers and hold contractors accountable for unsafe conditions. Contact us today to schedule a complimentary consultation and learn more about your legal rights.