NY Labor Law 240: Construction Worker Guide
Understanding your rights under New York Labor Law 240 (the Scaffold Law) if you've been injured in a fall at a construction site.
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New York's Labor Law 240 imposes absolute liability on property owners for construction injuries. We've spent 35 years using this powerful law to get injured workers the compensation they deserve.
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NYC Construction Accidents: By the Numbers
30 Construction Fatalities in NYC (2023) NYCOSH Annual Report
48% Deaths From Falls (10-Year Avg) Bureau of Labor Statistics
77% Fatalities Involve Nonunion Workers NYCOSH Research
74% Fatal Sites Had Prior OSHA Violations NYCOSH Safety Report
When the Job Site Becomes a Crime Scene
Every day, thousands of construction workers climb scaffolds, operate cranes, and work at heights across New York City. Most come home safely. Some don't.
NYC recorded 30 construction fatalities in 2023, the highest number in over a decade. Behind each statistic is an electrician, an ironworker, a laborer, or a carpenter who trusted their employer to keep them safe. When property owners and contractors cut corners, the consequences are devastating.
New York has one of the strongest worker protection laws in the country. It's called Labor Law 240, and it exists because the state recognized that construction workers face extraordinary dangers. If you were injured on a job site, this law may be the key to your recovery.
The Scaffold Law: Absolute Liability
Labor Law 240 imposes absolute liability on property owners and general contractors for gravity-related injuries. If you fall from a height or get struck by a falling object because of inadequate safety equipment, the owner is 100% liable, regardless of your own actions. This is one of the most powerful worker protection statutes in the United States.
What Your Case Might Be Worth
Construction accident settlements in NYC tend to be substantial because of the strict liability standard. The severity of your injuries, your lost earning capacity, and the long-term impact on your life all factor into the value of your case.
| Injury Type | Settlement Range | Key Factors |
|---|---|---|
| Spinal Injuries / Paralysis | $3.5M to $5M+ | Lifetime care needs; multiple defendants typical |
| Traumatic Brain Injury | $1M to $4M | Severity determines range; cognitive deficits key |
| Fractures / Orthopedic | $200K to $1M | Permanent limitation; surgery required |
| Wrongful Death | $5M+ | Family's pecuniary losses; lost earning capacity |
| Eye Injuries | $2M to $4.5M | 2024 NYC verdict: $4.5M for eye injury |
Source: Top Verdict 2024, NYC settlement data
The Fatal Four: OSHA's Deadliest Hazards
OSHA identifies four hazard categories responsible for the vast majority of construction deaths. Understanding them helps explain why so many accidents happen, and why they're preventable.
Falls from heights claim the most lives. They account for 48% of NYC construction fatalities over the past decade. Workers fall from scaffolds, ladders, roofs, and floor openings, often because employers failed to provide harnesses, guardrails, or safety nets. Every one of these deaths was avoidable.
Struck-by incidents are the second leading cause. Workers are hit by falling objects, swinging equipment, or vehicles on site. Unsecured tools at heights and improperly rigged loads create deadly risks that responsible contractors would never allow.
Electrocutions kill construction workers at an alarming rate. They account for 61% of all workplace electrocutions in the United States. Contact with power lines and energized equipment, hazards that proper planning would eliminate, cause most of these deaths.
Caught-in/between accidents round out the Fatal Four. Workers get trapped in machinery, crushed by collapsing structures, or buried in unsupported trenches. OSHA requires protection for excavations over 5 feet deep because the danger is so well documented.
What Labor Law 240 Covers
The Scaffold Law applies to a broad range of gravity-related hazards. Scaffold falls and collapses from inadequate guardrails, structural failures, or improper assembly are covered. So are ladder falls when the ladder was defective, improperly secured, or wrong for the job.
Falls from roofs, floors, elevator shafts, open holes, and unguarded edges all qualify. If tools, materials, or debris struck you from above, that's covered too. Hoist and crane accidents, pulley and lift failures, and equipment breakdowns that cause gravity-related injuries fall under the law's protection.
The common thread is gravity. If the force of gravity caused or contributed to your injury because safety equipment was inadequate or missing, Labor Law 240 likely applies to your case.
Who Can Be Held Liable
Construction accidents often involve multiple responsible parties. Each one potentially adds to your total recovery.
Property owners bear strict liability under Labor Law 240 regardless of their involvement in daily operations. General contractors are responsible for overall site safety and subcontractor oversight. Subcontractors themselves can be liable when their negligence causes injury.
Equipment manufacturers face liability for defective scaffolds, ladders, hoists, and tools. Engineers and architects can be held responsible for design defects that create hazards. Construction managers may be liable depending on their level of site control.
We investigate every potential defendant. The more responsible parties we identify, the greater your potential recovery.
Nonunion Workers Have Full Rights
NYCOSH data shows that 77% of construction fatalities in NYC involve nonunion workers, often because nonunion sites have less safety oversight. Labor Law 240 protects all construction workers regardless of union membership, immigration status, or employment classification. Your right to compensation is the same whether you're a union journeyman or a day laborer.
Deadlines That Matter
Missing a deadline can destroy your case. Report your injury immediately and request a written incident report. File your workers' compensation claim within 30 days of the accident.
If you're filing against a government entity (city property, MTA projects, public works) you need to submit a Notice of Claim within 90 days. This is strict. The workers' compensation filing deadline is 2 years. For a personal injury lawsuit, you have 3 years from the date of the accident.
Evidence disappears. Witnesses forget. Job sites change. The sooner you contact an attorney, the stronger your case will be.
Construction injuries often overlap with other areas of law. If a co-worker was killed on the job, your family may have a wrongful death claim in addition to workplace injury protections. Many injured workers are entitled to both workers' compensation and third-party claims, and understanding the difference is critical to full recovery. If your workers comp claim has been denied or you are dealing with an IME dispute, our attorneys handle WC Board hearings alongside your third-party case.
Construction Accidents By Borough
Construction activity varies by borough, and so do the risks. We handle construction accident cases across all of New York City.
- Brooklyn Construction Accidents
- Manhattan Construction Accidents
- Queens Construction Accidents
- Bronx Construction Accidents
- Staten Island Construction Accidents
Construction Safety Data and Analysis
We track construction fatality and safety data to hold negligent contractors accountable. Our latest research:
- NYC Construction Deaths: Tracking the Crisis
- Construction Accident Settlements in New York: 2025 Data
- Truck Accident Settlements in NYC: What the Data Shows
- Workers' Compensation Benefits in New York: 2025 Rates and Rules
- The Grieving Families Act: What It Means for Construction Fatalities
Construction Accident Lawyers by Location
- Brooklyn Construction Accident Lawyers
- Queens Construction Accident Lawyers
- Bronx Construction Accident Lawyers
- Manhattan Construction Accident Lawyers
- Staten Island Construction Accident Lawyers
- Long Island Construction Accident Lawyers
References
New York Committee for Occupational Safety and Health. (2024). Deadly skyline: Construction fatalities in New York.
https://nycosh.org/wp-content/uploads/2025/05/NYCOSH-Construction-Fatalities-Report-2025_06.pdfNYC Department of Buildings. (2024). Construction safety compliance report.
https://www.nyc.gov/site/buildings/safety/construction-safety.pageBureau of Labor Statistics. (2023). Census of fatal occupational injuries.
https://www.bls.gov/iif/fatal-injuries-tables.htmOccupational Safety and Health Administration. (2023). Commonly used statistics.
https://www.osha.gov/data/commonstatsNew York State Senate. (2024). Labor Law Section 240.
https://www.nysenate.gov/legislation/laws/LAB/240Top Verdict. (2024). Top personal injury settlements in New York.
https://topverdict.com/lists/2024/new-york/Frequently Asked Questions
What is New York Labor Law 240 (the Scaffold Law)?
It's one of the strongest worker protection laws in the country. If you fall from a height or get struck by a falling object due to inadequate safety equipment, the property owner is 100% liable, even if you made a mistake. The law covers scaffolding, ladders, hoists, and other protective devices.
How many construction workers are killed in NYC each year?
NYC recorded 30 construction fatalities in 2023, the highest in over a decade. The 10-year average is about 23 deaths per year. Falls account for nearly half of all deaths. These aren't just statistics, they're workers who went to job sites expecting to come home.
What are the most common causes of construction accidents?
OSHA calls them the Fatal Four: falls from heights (48% of NYC deaths), struck-by incidents from falling objects or equipment, electrocutions (construction workers account for 61% of all workplace electrocutions), and caught-in/between accidents involving machinery or trench collapses.
Can I sue if I'm a nonunion construction worker?
Absolutely. Labor Law 240 protects all workers regardless of union status, immigration status, or how you're classified. In fact, 77% of NYC construction fatalities involve nonunion workers. You have the same legal rights as any union member.
How much is a construction accident case worth in NYC?
Labor Law 240's strict liability standard often results in significant compensation. Spinal injuries and paralysis cases range from $3.5M to over $5M. Traumatic brain injuries typically settle between $1M and $4M. Wrongful death cases often exceed $5M.
What should I do immediately after a construction accident?
Get medical attention first. Report the accident and request a written incident report. Document everything with photos, the scene, the hazard, any missing safety equipment. Get witness names. Don't give recorded statements to insurance companies without talking to an attorney.
The construction site had OSHA violations. Does that help my case?
Yes, significantly. NYCOSH found that 74% of fatal construction sites in NYC had prior OSHA violations. We subpoena inspection records and violation histories. Prior violations show the defendant knew about hazards and failed to fix them, which can support punitive damages.
How long do I have to file a construction accident lawsuit?
You have 3 years from the accident date to file a personal injury lawsuit. For workers' comp, report within 30 days and file within 2 years. If a government entity is involved, you need a Notice of Claim within 90 days. Evidence disappears fast, so act promptly.
I fell from a ladder at work. Is that covered by the Scaffold Law?
Yes. Ladder falls are explicitly covered under Labor Law 240. If the ladder was defective, improperly secured, too short for the job, or if no ladder was provided when one was needed, the property owner is strictly liable for your injuries.
What's the difference between Labor Law 240 and 241?
Labor Law 240 imposes absolute liability for gravity-related injuries. Labor Law 241(6) covers a broader range of hazards but requires proving a specific safety code violation. We typically pursue claims under both to maximize your recovery.