Reviewed by Laurence P. Banville, Esq.What is New York Labor Law §240, the “Scaffold Law”?
Labor Law §240(1) is the strongest protection injured construction workers have anywhere in the country. It applies to elevation-related hazards — falls from a height, or being struck by an object that falls because it wasn’t properly secured.
When a worker is hurt because proper safety devices (scaffolds, ladders, hoists, harnesses, braces) weren’t provided or weren’t adequate, the property owner and general contractor are held strictly liable — even if they weren’t personally careless. Crucially, your own carelessness usually is not a defense under §240. That makes these among the most valuable injury claims in New York.
Labor Law §241(6): construction site safety rules
Labor Law §241(6) covers construction, excavation, and demolition work more broadly. It requires owners and contractors to follow specific safety regulations in the New York Industrial Code — rules about debris, slippery surfaces, protective equipment, and more.
To win a §241(6) claim, you point to a specific Industrial Code rule that was violated and caused your injury. Unlike §240, your own conduct can reduce (but not necessarily erase) the recovery here.
Labor Law §200 and general negligence
Labor Law §200 is the codified version of the common-law duty to provide a reasonably safe workplace. It applies when an owner or contractor controlled the work or knew about a dangerous condition and did nothing. It’s the catch-all that often runs alongside §240 and §241 claims.
Who can be held liable for a construction accident?
Most injured workers assume their only option is workers’ compensation through their employer. In New York, that’s only half the picture. You generally cannot sue your direct employer — but you can bring a Labor Law or negligence claim against the parties the law makes responsible for site safety:
- The property owner
- The general contractor
- Other contractors or subcontractors whose negligence contributed
- Equipment manufacturers, if defective gear (a ladder, lift, or scaffold) caused the injury
Workers’ comp vs. a Labor Law lawsuit
These are two different tracks, and you can pursue both at once. Workers’ compensation pays medical bills and a portion of lost wages from your employer, regardless of fault — but it does not pay for pain and suffering. A Labor Law lawsuit against the owner or contractor can recover full lost earnings, future medical care, and pain and suffering. For a serious injury, the lawsuit is usually where the meaningful recovery is.
What is a New York construction accident claim worth?
Anyone who quotes you a number before reviewing the facts is guessing. Honestly, the value of a construction accident case depends on:
- The severity and permanence of the injury
- Past and future medical costs
- Lost wages and lost earning capacity
- Whether §240’s strict liability applies (which strengthens the claim significantly)
- The available insurance coverage
A minor injury that fully heals is worth far less than one that ends a career. What we can promise is a straight assessment of the range your case realistically falls in — not a sales pitch.
How long do you have to file? (Deadlines)
For most New York construction injury claims, the statute of limitations is three years from the date of the accident (CPLR §214). But there are critical exceptions:
- If a government or public entity is involved (a city project, public building), you must file a Notice of Claim within 90 days and sue within roughly a year and 90 days.
- Wrongful death claims have their own, shorter timeline.
Miss the deadline and an otherwise strong claim is gone for good. If you’re unsure which clock applies to you, ask early.
Common construction accidents we explain
- Falls from scaffolds, ladders, roofs, and other heights
- Scaffold and ladder collapses
- Falling objects, tools, and materials
- Defective or unsafe equipment
- Electrocution and burns
- Trench and excavation collapses
What to do after a construction accident
- Get medical attention and make sure the injury is documented.
- Report the accident to your employer and the site supervisor.
- Photograph the scene, the equipment, and your injuries if you can.
- Get the names of witnesses and other contractors on site.
- Don’t give a recorded statement to an insurer before you understand your rights.
- Talk to a New York construction accident attorney about whether Labor Law §240/§241 applies.
Frequently asked questions
What is a scaffold law claim in New York?
A “scaffold law” claim is a case brought under New York Labor Law §240(1). When a construction worker is injured in a height-related accident — a fall, or being struck by a falling object — because proper safety devices weren’t provided, the property owner and general contractor are held strictly (near-absolutely) liable. The worker’s own carelessness is generally not a defense, which makes these the strongest construction injury claims in New York.
Who is liable for a ladder fall on a construction site?
In New York, the property owner and general contractor are usually responsible for a ladder fall under Labor Law §240 if the ladder was defective, not secured, or the wrong equipment for the job. If the ladder itself was defective, the manufacturer may also be liable. You typically cannot sue your direct employer, but you can pursue these other parties in addition to a workers’ compensation claim.
Can I sue if I already receive workers’ compensation?
Yes. Workers’ compensation is paid by your employer regardless of fault, but it doesn’t cover pain and suffering and only replaces part of your wages. You can separately sue the property owner, general contractor, or other negligent parties under New York’s Labor Law. Pursuing both at once is common and often where the real recovery comes from.
What is the average settlement for a New York construction accident?
There is no reliable “average” — values range enormously based on the severity of the injury, medical costs, lost earnings, whether Labor Law §240 applies, and available insurance. A minor injury that fully heals is worth far less than one that permanently affects your ability to work. Be wary of any firm that promises a figure before reviewing your case. Prior results never guarantee a similar outcome.
How long do I have to file a construction accident lawsuit in New York?
Generally three years from the date of the accident under CPLR §214. However, if a government or public entity is involved, you may have only 90 days to file a Notice of Claim and about a year and 90 days to sue. Wrongful death claims have a shorter deadline. Because the clock varies, it’s best to confirm your specific deadline early.
Does Labor Law §240 apply to all construction work?
No. Labor Law §240 applies specifically to elevation-related risks — falls from a height or injuries from objects that fall because they weren’t properly secured. It also applies to specific activities like erection, demolition, repairing, altering, painting, and cleaning of a structure. Routine maintenance and ground-level injuries usually fall under §241(6) or §200 instead.