New York Labor Law §240 (The Scaffold Law)
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New York Labor Law §240 (The Scaffold Law)
New York Labor Law §240 — commonly referred to as the Scaffold Law — provides important protections for workers injured in elevation-related construction accidents. The statute applies in specific circumstances involving gravity-related risks, such as falls from heights or injuries caused by falling objects. When it applies, Labor Law §240 may allow injured workers to pursue compensation beyond workers’ compensation benefits.
Construction projects throughout Lower Manhattan and New York City frequently involve scaffolds, ladders, hoists, elevated platforms, and other height-related work conditions. Understanding how Labor Law §240 works — and when it may apply — is critical for injured construction workers and their families.
What Is New York Labor Law §240?
New York Labor Law §240 requires owners and contractors to provide proper safety devices to protect workers from elevation-related hazards during certain construction-related activities. The statute is designed to address injuries caused by the force of gravity, such as falls from heights or injuries caused by falling objects.
Labor Law §240 does not apply to every construction accident. Its application depends on the specific facts of the incident, the nature of the work being performed, and whether adequate safety devices were provided.
Who Is Protected Under Labor Law §240?
Labor Law §240 may protect workers who are lawfully engaged in certain construction-related activities, including:
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Construction
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Demolition
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Repair
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Alteration
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Painting
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Cleaning
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Pointing
Protection under the statute generally extends to workers exposed to elevation-related risks while performing covered work. Whether a worker qualifies for protection depends on the circumstances of the accident and the role of the parties involved.
What Types of Accidents May Fall Under Labor Law §240?
Labor Law §240 most commonly applies to elevation-related accidents, including:
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Injuries caused by falling tools, materials, or debris
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Hoist or lift failures involving gravity-related forces
These types of accidents frequently occur on construction sites throughout Lower Manhattan, where dense urban development, vertical construction, and tight workspaces increase elevation risks.
What Safety Devices Does Labor Law §240 Require?
Labor Law §240 requires that owners and contractors provide appropriate safety devices when elevation risks are present. Depending on the job, these may include:
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Scaffolds
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Ladders
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Hoists
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Slings
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Harnesses and lifelines
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Guardrails and safety nets
The adequacy, placement, and condition of these devices are often central issues in Labor Law §240 cases.
Who May Be Held Responsible Under Labor Law §240?
When Labor Law §240 applies, responsibility may extend beyond the injured worker’s direct employer. Potentially responsible parties may include:
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Property owners
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General contractors
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Construction managers
Subcontractors are typically not subject to liability under §240 unless they qualify as statutory agents with authority over safety conditions.
How Labor Law §240 Differs From Other New York Labor Laws
Labor Law §240 is distinct from other construction-related statutes, including:
Labor Law §241(6)
Addresses violations of specific safety regulations and may apply when job-site safety rules are not followed.
Labor Law §200
Covers general negligence and unsafe work conditions on construction sites.
Many construction accidents involve multiple overlapping Labor Law claims, depending on how the incident occurred.
Does Labor Law §240 Guarantee Compensation?
No. Labor Law §240 does not guarantee compensation or apply automatically. Each case depends on:
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Whether the work was covered under the statute
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Whether an elevation-related risk was involved
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Whether proper safety devices were provided
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Whether the absence or failure of a safety device was a proximate cause of the injury
Careful investigation and legal analysis are required to determine whether Labor Law §240 applies in a given case.
Labor Law §240 and Construction Accidents in Lower Manhattan
Construction in Lower Manhattan presents unique risks due to:
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High-rise buildings and vertical work zones
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Narrow streets and limited staging areas
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Heavy pedestrian and vehicle traffic
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Ongoing infrastructure upgrades
Accidents near landmarks such as One World Trade Center, Wall Street, Battery Park, South Street Seaport, and the Brooklyn Bridge often involve elevation-related hazards that require close examination under Labor Law §240.
How an Experienced Construction Accident Lawyer Can Help
Labor Law §240 claims are complex and frequently contested. An experienced construction accident lawyer can:
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Investigate the accident scene and preserve evidence
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Analyze whether Labor Law §240 applies
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Identify all potentially responsible parties
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Work with safety and engineering experts
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Coordinate Labor Law claims with workers’ compensation and third-party lawsuits
Early legal involvement is often critical, particularly on busy job sites where conditions change quickly.
Speak With a New York City Construction Accident Lawyer
If you were injured in an elevation-related construction accident in Lower Manhattan or New York City, understanding your rights under Labor Law §240 is essential. Not every accident qualifies, but when the statute applies, it can provide an important path to compensation beyond workers’ compensation benefits.
An experienced New York City construction accident lawyer can evaluate your situation, explain how Labor Law §240 may apply to your case, and help you pursue all available legal remedies.
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Frequently Asked Questions
1. What is New York Labor Law §240 (the “Scaffold Law”)?
New York Labor Law §240(1) is a worker-safety statute that requires owners and contractors (and their agents) to provide certain safety devices for covered construction-related work when elevation-related, gravity risks are present. In appropriate cases, if a required safety device was missing, inadequate, or failed — and that violation was a proximate cause of the injury — §240(1) may allow an injured worker to pursue compensation beyond workers’ compensation.
2. Does Labor Law §240 apply to every construction accident in New York City?
No. §240(1) is most often associated with elevation- or gravity-related hazards. Whether it applies depends on the specific facts, including the type of work being performed, the nature of the hazard, and whether the injury was caused by the absence or failure of a safety device contemplated by the statute.
3. Do ladder accidents qualify under Labor Law §240?
Many ladder accidents may involve §240(1), but not all do. A key issue is whether adequate, appropriate safety devices were provided and whether a statutory violation was a proximate cause of the injury. Defendants often dispute whether the ladder was adequate and whether the incident fits the statute’s elevation-risk framework.
4. Do scaffolding collapses and missing guardrails fall under Labor Law §240?
Scaffolding failures and other elevation-device problems are among the most common situations where §240(1) is evaluated. The legal question typically focuses on whether a safety device required for the task was missing, inadequate, or failed, and whether that failure was a proximate cause of the injury.
5. Can Labor Law §240 apply to “falling object” injuries?
Sometimes. §240(1) may be implicated in certain falling-object cases where the injury is gravity-related and the harm is tied to the absence or failure of an appropriate safety device contemplated by the statute. These cases are fact-specific, and liability analysis can be more nuanced than a straightforward fall-from-height claim.
6. Who can be held responsible under Labor Law §240?
Depending on the facts, defendants may include property owners, general contractors, and others that qualify as statutory agents for site safety. §240(1) is often used to pursue parties beyond the injured worker’s direct employer, which can be important when workers’ compensation alone is not enough to cover the full impact of a serious injury.
7. What is the one- and two-family homeowner exemption under §240?
Labor Law §240(1) contains an exemption for owners of one- and two-family dwellings who contract for the work but do not direct or control it. Whether the exemption applies can turn on the details of the property and the owner’s involvement.
8. What if the defense says the worker was at fault?
In §240(1) litigation, defendants often argue that adequate safety devices were available and that the worker’s conduct was the sole proximate cause of the accident. The outcome depends on the specific evidence (what devices were provided, how the task was performed, what instructions were given, and what failed).
9. Can I still have a case if I’m receiving workers’ compensation?
Often, yes. Workers’ compensation typically applies to on-the-job injuries, but in many construction injury situations there may also be third-party claims against owners, contractors, or equipment-related parties. A proper evaluation looks at the full site responsibility chain, not just the employer relationship.
10. What evidence usually matters most in a Labor Law §240 claim in NYC?
Evidence that shows the elevation-related hazard and the condition/availability of safety devices is often critical. Helpful materials may include photos/video of the ladder/scaffold/tie-off point, incident reports, witness contacts, site logs, training records, and medical documentation connecting the injury mechanism to the event. Early preservation matters because NYC job sites can change fast.
11. How long do I have to file a Labor Law §240 lawsuit in New York?
Deadlines depend on the type of claim and who the defendant is. Many personal injury lawsuits are subject to a three-year limitations period under New York law, but claims involving public entities can involve additional notice requirements and shorter timeframes. Because timing can be case-specific, it’s best to speak with a lawyer as soon as possible after a serious job-site injury.