Question 1

What is New York Labor Law §240(1) and who does it protect?

Accepted Answer

Labor Law §240(1) (the 'Scaffold Law') imposes absolute liability on property owners and general contractors for gravity-related injuries to construction workers, falls from scaffolds, ladders, roofs, or being struck by falling objects. The protection applies to construction, demolition, and repair workers regardless of union membership, day-laborer status, or immigration status under Balbuena v. IDR Realty, 6 N.Y.3d 338 (2006).

Question 2

Does Workers' Compensation prevent me from suing under §240?

Accepted Answer

No. Workers' Compensation bars suing your direct employer, but §240 lets you sue the property owner and the general contractor, who are usually not your employer. Two recoveries can run in parallel: the comp claim with your employer's carrier and the §240 lawsuit. We negotiate the comp lien at settlement so your net is maximized.

Question 3

What about Labor Law §241(6)? How is it different from §240?

Accepted Answer

§241(6) covers construction, demolition, and excavation work generally, requiring compliance with specific Industrial Code rules at 12 NYCRR Part 23, debris management, fall protection, electrical safety. §240 is the absolute-liability scaffold law; §241(6) covers other site hazards that are not gravity-related falls. Most cases plead both.

Question 4

Can I sue if I'm undocumented or paid in cash?

Accepted Answer

Yes. Under Balbuena v. IDR Realty, undocumented workers retain full tort and Labor Law rights, including lost-earnings damages calculated at U.S. wage rates. Immigration status is generally shielded from civil discovery under the Protect Our Courts Act and is not disclosed in tort cases. Cash-paid and 1099 workers are covered the same as W-2 workers.

Question 5

How long do I have to file a Labor Law §240 case?

Accepted Answer

Three years from the date of injury under CPLR §214(5). If the property owner is a public entity (NYC School Construction Authority, NYCHA, a municipal building), a 90-day Notice of Claim under General Municipal Law §50-e is required, and the lawsuit must be filed within one year and 90 days.

Question 6

What does a typical Labor Law §240 case settle for?

Accepted Answer

It depends on the injury and the damages workup. Mid-tier §240 cases in NY commonly resolve between $500,000 and $3,000,000; catastrophic cases (paralysis, severe TBI, amputation) settle for significantly more. Our $2,000,000 Brooklyn case was a knee injury requiring surgery, a life-care plan, and an economist's wage-loss workup. The Brooklyn jurisdiction, the §240 summary judgment, and the damages case together moved the carrier from a $150,000 opening offer. Prior results do not guarantee a similar outcome.

Question 7

Will my immigration status be exposed if I file a Labor Law claim?

Accepted Answer

Generally no. The Protect Our Courts Act shields civil litigants from immigration-status discovery, and New York courts routinely deny defense requests for status information when irrelevant to the case. We have represented undocumented clients on Labor Law cases without status ever coming up at deposition or trial.

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NY Labor Law § 240(1), the Scaffold Law in 200 words

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