Reviewed by Laurence P. Banville, Esq.What the Scaffold Law actually is
New York’s “Scaffold Law” is the common name for Labor Law §240(1). It applies to elevation-related risks on construction, demolition, repair, painting, cleaning, and similar jobs. Labor Law §240 It covers two broad scenarios: a worker falling from a height, and an object falling and striking a worker because it was not properly secured.
What makes this law unusual is that it imposes strict liability on property owners and general contractors when an elevation safety failure causes injury. If the right safety devices, such as scaffolds, ladders, hoists, harnesses, or guardrails, were not provided or were defective, the owner and contractor can be liable regardless of how careful they tried to be.
Who can bring a claim, and against whom
The protections run to workers performing covered construction-type work. The defendants are typically the property owner and the general contractor, who cannot delegate this duty away. Your direct employer is usually not the §240 defendant, because workers’ compensation generally bars suing your own employer, which is exactly why these claims target the owner or GC as a third party.
- Falls from a height: off a scaffold, ladder, roof edge, or through an unguarded opening.
- Falling objects: materials or tools that fall because they were not hoisted, braced, or secured.
- Not covered: routine slip-and-fall on the same level, or injuries with no gravity-related element, which may instead fall under Labor Law §241(6) or §200.
How a Scaffold Law claim differs from workers’ comp
Workers’ compensation pays medical bills and a portion of lost wages regardless of fault, but it does not pay for pain and suffering and is limited in scope. A §240(1) claim is a separate civil lawsuit against the owner or contractor that can recover the full range of damages, including pain and suffering and the full value of lost earnings. In many serious construction cases an injured worker pursues both: comp through the employer and a third-party Labor Law claim against the owner or GC.
Deadlines and what affects value
A Scaffold Law claim is a personal injury action, so the general three-year statute of limitations applies. CPLR §214 If a public entity, such as a city or state agency, owns or controls the site, a much shorter Notice of Claim deadline can apply, often just 90 days. GML §50-e Missing these deadlines can end a claim before it starts.
No one can promise a dollar figure, and prior results do not guarantee future outcomes. Value depends on the severity and permanence of the injury, medical costs, lost earning capacity, and the strength of the evidence that an elevation safety device failed. To go deeper, see our Workers’ Compensation and Workplace Injury hub and the related questions below.
Frequently asked questions
Is the Scaffold Law the same as workers' compensation?
No. Workers' compensation is a no-fault benefit paid through your employer that covers medical care and partial lost wages but not pain and suffering. A Scaffold Law claim under Labor Law Section 240(1) is a separate lawsuit against the owner or general contractor that can recover broader damages. Many injured workers pursue both at the same time.
Who can be sued under the Scaffold Law?
The claim runs primarily against the property owner and the general contractor, who have a non-delegable duty to provide proper elevation safety devices. Your own employer is usually not a defendant because workers' compensation bars most suits against the direct employer, which is why these are typically third-party claims.
What injuries does Labor Law Section 240(1) cover?
It covers gravity-related construction injuries, such as falling from a scaffold, ladder, roof, or unguarded opening, or being struck by an object that fell because it was not properly secured. Same-level slip-and-falls and injuries without a height element generally fall under other statutes like Labor Law Section 241(6) or Section 200.
How long do I have to file a Scaffold Law claim in New York?
As a personal injury action, the general three-year statute of limitations under CPLR Section 214 typically applies. If a public entity owns or controls the site, a Notice of Claim may be required within roughly 90 days under GML Section 50-e, so the timeline can be much shorter. Confirm your specific deadline with an attorney promptly.
Does being partly at fault defeat my claim?
Generally no for a Section 240(1) claim. Because the Scaffold Law imposes strict liability for elevation safety failures, a worker's ordinary carelessness usually does not bar recovery, though a worker who was the sole cause of the accident may have no claim. Outcomes are fact-specific, so a careful review of the evidence matters.