New York Labor Law 240:
The Scaffold Law
Labor Law 240 is one of the most powerful worker protection laws in America. It holds property owners and contractors strictly liable for gravity-related construction injuries — no need to prove negligence.
What is Labor Law 240?
New York Labor Law Section 240(1), commonly known as the "Scaffold Law," is a statute that has protected construction workers in New York since 1885. It requires that property owners and general contractors provide proper safety equipment for workers performing construction, demolition, and repair work at elevated heights. The law was enacted during an era of rapid industrialization when construction deaths were commonplace and workers had virtually no legal recourse against dangerous working conditions.
The statute was revolutionary for its time and remains the strongest worker protection law of its kind in the United States. While other states have modified or eliminated similar protections over the years, New York has maintained Labor Law 240 because construction work remains inherently dangerous, and the policy behind the law—that those who benefit from construction should bear the responsibility for worker safety—remains sound.
"All contractors and owners and their agents... shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed."
This statutory language creates what lawyers call "strict liability" or "absolute liability" — meaning property owners and contractors are responsible for injuries even if they did nothing wrong and even if they had no knowledge of the dangerous condition. The only questions are: (1) Was adequate safety equipment provided? (2) Did the lack of adequate equipment cause the injury? If the answer is "no" to the first and "yes" to the second, the owner and general contractor are liable.
The law applies to what are called "gravity-related" hazards. This includes two main scenarios: (1) a worker falling from an elevated height due to inadequate safety equipment, and (2) an object falling from a height and striking a worker due to inadequate securing. Both scenarios involve the force of gravity causing or contributing to the injury, which is why they are covered under this statute.
History of Labor Law 240
The Scaffold Law was enacted in 1885, during the height of the Industrial Revolution when New York City was experiencing unprecedented construction growth. The Brooklyn Bridge had just been completed two years earlier, skyscrapers were beginning to rise in Manhattan, and construction workers were dying at alarming rates. At the time, workers had virtually no legal protections—the doctrines of contributory negligence, assumption of risk, and the "fellow servant rule" made it nearly impossible for injured workers to recover compensation.
The New York State Legislature recognized that construction workers faced unique dangers and that the common law was failing to protect them. The original law focused specifically on scaffolding because scaffold collapses and falls from scaffolds were the leading causes of construction deaths. Over the decades, courts expanded the law's protection to cover all gravity-related hazards, including falls from ladders, roofs, and other elevated surfaces, as well as injuries from falling objects.
Several landmark court decisions have shaped how Labor Law 240 is applied today. In Zimmer v. Chemung County Performing Arts (1991), the Court of Appeals held that comparative negligence does not apply to Labor Law 240 claims—meaning a worker's own negligence cannot reduce their recovery. This decision cemented the law's status as one of the most protective worker safety statutes in the country.
Despite periodic attempts by business interests to weaken or repeal the law, Labor Law 240 has remained largely unchanged for over 135 years. The law continues to serve its original purpose: ensuring that property owners and contractors prioritize worker safety and bear the costs when they fail to do so.
Why Labor Law 240 Is So Powerful
Property owners and contractors are liable even if they weren't negligent. You don't need to prove they did anything wrong — just that safety equipment was missing or inadequate and that caused your injury.
This is different from ordinary negligence cases where you must prove the defendant breached a duty of care. Under Labor Law 240, the duty is absolute—provide proper protection or be liable for the consequences.
Unlike most injury cases, your own negligence does NOT reduce your recovery. Even if you were 99% at fault, you can still recover 100% of damages under Labor Law 240.
This is crucial because defendants often try to blame injured workers. Under Labor Law 240, the focus is on whether adequate safety equipment was provided—not on whether the worker made mistakes.
The only real defense is "sole proximate cause" — where the worker refused to use available, adequate safety equipment for no good reason. This defense rarely succeeds.
For this defense to work, the defendant must prove the equipment was truly adequate, available, and that the worker chose not to use it for no justifiable reason. If ANY other factor contributed, the defense fails.
Work Activities Covered by Labor Law 240
The statute specifically lists the types of work that are protected. Courts have interpreted these categories broadly to provide maximum protection for workers. If your work falls into any of these categories, you may have protection under Labor Law 240.
Construction
Building new structures, additions, or improvements to existing buildings. This includes residential homes, commercial buildings, high-rises, bridges, and infrastructure projects.
Demolition
Tearing down or removing all or part of a structure. This includes interior demolition, exterior demolition, and structural dismantling work.
Excavation
Digging foundations, trenches, or other below-grade work. Workers in trenches and excavations are protected when there are elevation differentials.
Repair Work
Fixing, restoring, or maintaining existing structures. This covers a wide range of activities from minor repairs to major structural work.
Alteration
Making changes to existing structures that affect their character or use. Renovation projects typically fall under this category.
Painting
Interior and exterior painting of buildings and structures. Painters working at height are specifically protected under the statute.
Cleaning
Window washing, facade cleaning, and other cleaning work that requires working at elevation. This protection extends to maintenance cleaning operations.
Pointing (Masonry)
Repairing mortar joints in brick or stone structures. This specialized masonry work often requires scaffolding and is explicitly protected.
Gravity-Related Hazards Covered
Labor Law 240 applies to "gravity-related" hazards—situations where the force of gravity causes or contributes to the injury. This includes workers falling from heights AND objects falling onto workers.
Falls from Scaffolding
Includes falls from any type of scaffold - pipe scaffolds, frame scaffolds, suspended scaffolds, rolling scaffolds, and makeshift scaffolding arrangements.
Learn more about this accident typeFalls from Ladders
Protection covers falls from extension ladders, step ladders, A-frame ladders, and any ladder used for construction work - even if the ladder was defective or improperly set up.
Learn more about this accident typeFalls from Roofs
Workers who fall from roofs during construction, repair, or maintenance are protected. This includes falls through skylights, roof openings, and roof edges.
Learn more about this accident typeFalls from Elevated Platforms
Covers aerial lifts, scissor lifts, cherry pickers, boom lifts, and any elevated work platform used in construction.
Learn more about this accident typeFalling Objects Striking Workers
When tools, materials, debris, or other objects fall and strike a worker below, the law applies. This is often called a 'falling object' case.
Learn more about this accident typeCollapse of Scaffolding or Hoists
When scaffolding, hoisting equipment, or other safety devices collapse or fail, causing injury, the law provides protection.
Learn more about this accident typeWho Can Be Held Liable?
Understanding who can be sued is crucial to maximizing your recovery. Labor Law 240 places strict liability on specific parties, regardless of their actual involvement in the day-to-day work.
| Party | Liable? | Details |
|---|---|---|
| Property Owners | Strictly liable, even without knowledge of the hazard or work being performed This includes individual homeowners, corporations, LLCs, partnerships, and any entity that owns the property where the work is performed. Even an out-of-state owner who never visited the site can be held liable. | |
| General Contractors | Strictly liable for all work on the project The general contractor is responsible for the entire project, including work performed by subcontractors. They cannot avoid liability by delegating safety responsibilities. | |
| Construction Managers | If acting as agent of owner or with supervisory authority Construction managers who have the authority to control safety or supervise the work can be held strictly liable under Labor Law 240. | |
| Lessees | If they contracted for or controlled the work Tenants or lessees who hire contractors to perform work on leased premises can be liable as 'owners' under the statute. | |
| Subcontractors (your employer) | Protected by workers' comp exclusivity You cannot sue your direct employer under Labor Law 240 due to workers' compensation exclusivity. However, you CAN receive workers' comp AND sue other responsible parties. |
Why This Matters
This is why Labor Law 240 claims are so valuable — you can sue the property owner and general contractor directly, avoiding the workers' compensation limitations with your employer. While workers' comp limits you to partial wage replacement and medical bills (no pain and suffering), a Labor Law 240 lawsuit can recover full damages including pain and suffering, which is often the largest component of recovery.
Defenses That Don't Work
Property owners and contractors often try to blame the injured worker. Under Labor Law 240, these commonly attempted defenses typically fail because the law imposes strict liability. Understanding why these defenses fail can help you recognize when an insurance company is trying to unfairly deny your claim.
"The worker was careless"
A worker's negligence is NOT a defense to a Labor Law 240 claim. Even if the worker made mistakes, the owner/contractor remains liable.
"The worker was experienced and should have known better"
Experience level is irrelevant. A 30-year veteran has the same protection as a first-day worker.
"The worker assumed the risk"
The assumption of risk doctrine does NOT apply to Labor Law 240 cases. Workers do not give up their rights by doing dangerous work.
"The worker violated our safety rules"
Even if a worker violated safety rules, the owner/contractor cannot escape strict liability.
"We didn't know about the hazard"
Knowledge of the hazard is NOT required for liability. Owners and contractors are liable even for conditions they didn't know existed.
"We hired a subcontractor to handle safety"
Delegating safety responsibilities to a subcontractor does NOT relieve the owner or general contractor of liability.
"The worker wasn't using the safety equipment properly"
If adequate safety equipment wasn't provided, or the equipment provided was defective or inadequate, the owner/contractor is liable regardless of how the worker used it.
"It was an unforeseeable accident"
Foreseeability is not a factor in Labor Law 240 cases. The statute imposes absolute liability for gravity-related hazards.
Related New York Labor Laws
Labor Law 240 is part of a broader statutory scheme protecting construction workers in New York. Understanding these related laws helps maximize your potential recovery.
This section requires construction sites to comply with specific Industrial Code safety regulations. Unlike Labor Law 240, it covers a broader range of hazards beyond just gravity-related injuries.
To establish a 241(6) claim, you must identify a specific Industrial Code regulation that was violated. However, unlike 240, comparative fault DOES apply to 241(6) claims, meaning your recovery can be reduced based on your own negligence.
This is essentially a codification of common law negligence for construction sites. It requires owners and contractors to provide workers with a reasonably safe place to work.
Unlike Labor Law 240, Section 200 requires proof of negligence—that the defendant knew or should have known of the dangerous condition and failed to correct it. Comparative fault also applies.
Combining Claims for Maximum Recovery
Most construction accident lawsuits include claims under all three Labor Law sections (240, 241(6), and 200) plus common law negligence. This comprehensive approach ensures that all potential theories of recovery are pursued. Even if one theory fails, others may succeed, maximizing your chances of obtaining full compensation for your injuries.
Typical Case Values
Labor Law 240 cases often result in significant settlements and verdicts. New York City has NO caps on personal injury damages, allowing full recovery for all losses.
Back surgery (single-level fusion)
$800K - $1.5M
Lost wages, future medical needs, pain and suffering
Back surgery (multi-level fusion)
$1.5M - $3M
Permanent restrictions, ongoing treatment needs
Multiple fractures
$750K - $2M
Severity, location, residual effects
Traumatic brain injury (mild)
$1M - $3M
Cognitive deficits, personality changes
Traumatic brain injury (moderate-severe)
$3M - $10M+
Permanent disability, lifetime care needs
Spinal cord injury (incomplete)
$3M - $8M
Level of injury, remaining function
Spinal cord injury (complete paralysis)
$8M - $20M+
Quadriplegia vs paraplegia, life expectancy
Amputation (finger/toe)
$300K - $800K
Which digit, dominant hand
Amputation (hand/foot)
$1.5M - $4M
Dominant hand, ability to work
Amputation (arm/leg)
$3M - $8M
Above or below joint, prosthetic needs
Wrongful death
$2M - $15M+
Age, dependents, earning capacity
* These are typical ranges based on publicly available verdict and settlement data. Actual case values depend on the specific circumstances of each case, including the severity of injury, extent of medical treatment, lost wages, age of the plaintiff, and other factors. Prior results do not guarantee similar outcomes. Every case is unique.
The Labor Law 240 Claims Process
Understanding what to expect can help you navigate your case. Here's a typical timeline for a Labor Law 240 claim.
Initial Consultation & Investigation
Your attorney will review your case, investigate the accident scene, gather evidence, identify responsible parties, and preserve crucial evidence before it disappears. This phase typically takes 1-3 months.
Filing the Lawsuit
A Summons and Complaint is filed in court. The defendants are served and must respond. This initiates the formal legal process and preserves your claim within the statute of limitations.
Discovery Phase
Both sides exchange documents, take depositions (sworn testimony), and retain expert witnesses. This is often the longest phase, typically taking 1-2 years. Your deposition is crucial—proper preparation is essential.
Motion Practice & Summary Judgment
Your attorney may file a motion for summary judgment on the Labor Law 240 claim. If successful, liability is established and the case proceeds only on the issue of damages. Many cases settle at this stage.
Settlement Negotiations or Trial
Most cases settle before trial through negotiations or mediation. If settlement cannot be reached, the case proceeds to trial where a jury will determine liability and damages. Trials typically last 1-3 weeks.
Frequently Asked Questions
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Do You Have a Labor Law 240 Case?
If you were injured in a gravity-related construction accident in New York, you may have a strong case under Labor Law 240. The consultation is free, and you pay nothing unless we win. Get a free case evaluation from our network of experienced attorneys today.