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 37 years using this powerful law to get injured workers the compensation they deserve.
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.
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.
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
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. Statewide, 81% of construction deaths were non-union in 2024, the widest gap on record, and construction wage theft often clusters on the same low-bid sites where those fatalities happen.
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.
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.
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.
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 activity varies by borough, and so do the risks. We handle construction accident cases across all of New York City.
We track construction fatality and safety data to hold negligent contractors accountable. Our latest research:
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/Free consultation. No fee unless we win.
New York Labor Law 240, the Scaffold Law, gives you strong protection after an elevation-related fall. Unlike workers' compensation, which caps what you can recover, Labor Law 240 lets you sue the property owner and general contractor for full compensation, including pain and suffering. It holds them strictly liable when they fail to provide proper safety equipment, and that holds even if you were partially at fault.
It's illegal for an employer to retaliate against you for filing a workers' comp claim or pursuing a legitimate injury case. We know the fear is real, but your health and your family's income have to come first. And in construction cases, the claim is often against a third party, a property owner or general contractor, not your direct employer at all.
Yes. Your immigration status doesn't affect your right to workers' compensation benefits or to bring a personal injury lawsuit in New York. An employer can't use your status to deny benefits or scare you off from seeking compensation. Everything you tell us is protected by attorney-client privilege, and we treat every client with the same respect regardless of background.
Workers' compensation covers your medical bills and part of your lost wages, but it caps your recovery and leaves out pain and suffering entirely. A third-party lawsuit against a property owner, general contractor, or equipment maker can recover full compensation, pain and suffering included, plus full lost wages and future damages. In many construction cases, you can collect workers' comp benefits and pursue a third-party lawsuit at the same time.
Under New York Labor Law 240, property owners and general contractors are strictly liable for gravity-related accidents, falling objects included. That duty to keep the site safe can't be handed off to someone else. Even if you were partially at fault, you can still recover full compensation. We look at who owned the property, who ran the job as general contractor, and whether the required safety measures were actually in place.