What is New York Labor Law 240?

Direct answer

Labor Law § 240, the Scaffold Law, makes property owners and general contractors strictly liable when a construction worker is injured by an elevation-related hazard, like a fall from a scaffold or ladder, or a falling object. Unlike negligence, comparative fault by the worker is not a defense if the statute was violated.

In more detail

NY Labor Law § 240(1) is one of the most worker-protective statutes in the country. It requires owners and contractors on construction, demolition, repair, alteration, painting, cleaning, and pointing projects to provide proper safety devices: scaffolds, ladders, hoists, ropes, harnesses, slings, blocks, and similar equipment. When a covered worker is injured because the safety device was missing, defective, or inadequate for the elevation-related risk, the owner and the general contractor face what the law calls absolute liability.

The plaintiff still has to prove two things: a statutory violation, and that the violation was a proximate cause of the injury. Defendants can defeat the claim only in narrow circumstances. They can show the worker's own actions were the sole proximate cause of the injury, meaning nothing the owner or contractor did or failed to do contributed at all. Or they can argue the recalcitrant worker doctrine, where adequate safety devices were available, the worker was instructed to use them, and the worker refused. Both defenses are difficult and fact-intensive.

Importantly, ordinary comparative negligence does not reduce a § 240 recovery. In a regular negligence case, if a jury finds you 30 percent at fault, your damages are cut by 30 percent. Under § 240, that math does not apply. The protection is meant to be near-absolute on covered elevation hazards.

Coverage extends beyond actual scaffold workers. Ironworkers, electricians, plumbers, painters, carpenters, HVAC technicians, demolition crews, roofers, and other trades exposed to height hazards on a covered project are protected. Routine maintenance unconnected to a larger construction or alteration project is not covered, and that distinction is heavily litigated.

Companion statutes round out the protection. NY Labor Law § 241(6) imposes non-delegable duties to comply with specific Industrial Code provisions on construction sites. NY Labor Law § 200 codifies the common-law duty to provide a safe place to work and applies more broadly. Damages can include pain and suffering, full lost wages, future medical care, and loss of enjoyment of life, in addition to any workers' compensation benefits the worker is also receiving. The general statute of limitations is three years under NY CPLR § 214(5).

Plain English: if you fell from a height, were struck by a falling object, or were hurt because the scaffold or ladder was wrong for the job, the law puts the burden squarely on the owner and the general contractor. They cannot blame you out of the case the way a regular negligence defendant can.

What I see in NYC cases

The labor law cases I take are won in the first month. Site photos, project documents, the pay-app schedule, the daily logs, and witness names disappear quickly on a busy NYC job site. I had a $2 million recovery on a Brooklyn school window-guard install where summary judgment motions were denied on both sides and the case had to go to a verdict number. The piece that mattered was getting on the site, identifying the missing safety device, and pinning down the elevation-related hazard before the GC swapped subs and the equipment walked off. Workers' comp covers some of the medical and lost wages, but it does not pay for pain and suffering. The § 240 case is what gets to the rest of the harm.

Talk to Nick

Call or text 718-261-0546. Spanish line available. Free consultation, contingency fee, no recovery no fee. Form on /contact.

Practice area pages: Construction & Labor Law 240, Results, NYC Personal Injury Pillar.

Compliance

Attorney advertising. Prior results do not guarantee a similar outcome. This page is general information about New York law and is not legal advice for any specific case. Consult an attorney about your facts before acting on anything you read here.

Prior results do not guarantee a similar outcome. This answer is general legal information, not legal advice for your specific case.