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Scaffolding Falls on NYC Construction Sites
Scaffolding falls in New York are not regular accidents. They invoke the Scaffold Law, which makes owners and contractors absolutely liable when proper protections fail. I built my $2 million recovery for a Brooklyn school construction worker on this same statute, and the framework I describe below is the one I use on every Labor Law § 240(1) case in my practice.
What's different about a scaffolding fall case
A regular workplace fall leaves the worker with workers' compensation as the only remedy. Comp pays a fraction of lost wages and limited medical, with no pain and suffering award. For a worker with a serious back, hip, or head injury, that often means a lifetime of unmet need.
NYC construction workers have a separate, much stronger remedy. Labor Law § 240(1) imposes absolute liability on owners and general contractors when fall protection is inadequate. Comparative fault is not a defense. Even a partially-at-fault worker can recover full damages. This is the most plaintiff-friendly statute in U.S. injury law.
The fact patterns that win consistently are scaffolds without guardrails, planks that shift or break, missing tie-off points, and harnesses that were not provided or were tied off to non-rated anchor points. The recovery typically dwarfs comp benefits.
The defense will argue the recalcitrant worker doctrine (the worker refused to use available protection) or the sole proximate cause defense (the worker's actions were the only cause of the fall). Both are narrow and rarely succeed when the device itself was inadequate. Workers' comp runs parallel and its lien must be addressed in any settlement.
Applicable law
NY Labor Law § 240(1) is the Scaffold Law. It imposes a non-delegable, absolute duty on owners and general contractors to provide proper scaffolding, ladders, harnesses, and similar safety devices. If the device fails or is missing, liability is automatic. The worker's own negligence is not a defense.
NY Labor Law § 241(6) supplements § 240(1) with specific Industrial Code obligations. It requires concrete regulatory citations rather than general negligence and grounds the claim in documented Part 23 violations.
NY Labor Law § 200 codifies common-law negligence and applies when defendants directly supervised the work or had actual or constructive notice of the unsafe condition. It is used as a backstop when § 240(1) does not clearly apply.
12 NYCRR Part 23 is the New York Industrial Code for construction. Specific subparts govern scaffold construction (planking, guardrails, footings), fall protection equipment, and inspection requirements. A documented Part 23 violation supports a § 241(6) claim.
29 CFR § 1926.451 is the OSHA scaffolding standard. It governs scaffold capacity, platform construction, access, and fall protection for general industry.
Workers' Compensation Law § 11 bars suit against the direct employer; § 29 preserves third-party suits against owners, GCs, scaffolding subcontractors, rental companies, and equipment manufacturers.
CPLR § 214(5) is the three-year personal injury statute of limitations.
What to do right after
- Photograph the scaffold, including any planks, rails, tie-off points, and anchor connections. The condition of the device at the moment of the fall is the case.
- Identify the scaffolding company and the erection contractor. Look for company stickers, branding on the planks, or a sign at the site entrance.
- Note whether you were provided a harness, lanyard, or other fall protection. Photograph the harness or PPE you were wearing if any.
- Get names and phone numbers of all coworkers and witnesses before they leave the site. Demand preservation of the daily inspection log and tool box talk records through a litigation hold letter from counsel.
- Report the injury to the employer in writing and file workers' compensation within 30 days. Do not give a recorded statement to any insurer and call me before signing anything.
Typical defendants
- Property owner. Liable under § 240(1) absolute liability for the non-delegable duty to provide proper safety devices.
- General contractor. Liable under § 240(1) and § 241(6) for the same non-delegable duty, regardless of whether the GC supervised the specific work.
- Scaffolding subcontractor. Liable for the actual construction, inspection, and dismantling of the scaffold.
- Scaffolding rental and erection company. Liable for defective equipment and improper assembly.
- Site safety manager. Liable for negligent oversight, missed inspections, or failed corrective action.
- Architect or design professional. Liable in narrow cases involving design defects in the scaffolding system.
- Equipment manufacturer. Liable in product defect claims for defective planks, rails, harnesses, or anchors.
Talk to me
Call my cell or send the form. I read every form myself. Hablamos español. Arabic spoken on request. Prior results do not guarantee similar outcomes.