NYC Construction Accident Attorneys
NYC Labor Law 240 Lawyers: The Scaffold Law Specialists
New York's Labor Law 240 is the strongest worker protection in the country. When owners fail to provide proper fall protection, they're strictly liable. We enforce that law.
Understanding Labor Law 240: Absolute Liability
Labor Law 240 is different from every other personal injury claim. In most cases, if you were partially at fault for your injuries, your recovery is reduced. Not under Labor Law 240.
Under the Scaffold Law, property owners and general contractors must provide adequate safety equipment for elevation-related work. If they fail and a worker falls, they are liable, regardless of the worker's own negligence. This is called "absolute" or "strict" liability.
At AEE Law, we've used Labor Law 240 to recover millions for injured construction workers. We know this law better than most attorneys. We know the defenses owners try, and we know how to defeat them.
What Labor Law 240 Requires
Property owners and contractors must provide:
- Properly constructed and maintained scaffolds
- Adequate safety harnesses and lanyards
- Secure ladders appropriate for the work
- Guardrails around openings and elevated platforms
- Safety nets where appropriate
- Proper hoisting and rigging equipment
Types of Labor Law 240 Claims
We handle the full range of gravity-related construction claims: scaffold falls (collapse, tipping, missing guardrails), ladder accidents (defective, unsecured, or the wrong type of ladder for the work), roof falls where the site lacked perimeter protection, falls through unsecured floor holes and skylights, falling-object strikes from materials dropped at height, and hoist or pulley equipment failures.
Common Defense Tactics (And Why They Fail)
Property owners and their insurance carriers fight Labor Law 240 claims hard, but the defense playbook is narrow. Carriers routinely argue the worker was negligent, which is not a defense under 240. They argue safety equipment was available, which only carries the day if the equipment was actually adequate AND the worker was the sole proximate cause. They claim they aren't the "owner" for statutory purposes, but courts read owner broadly and even tenants can be held liable. And they argue the work wasn't statutorily covered, but New York courts interpret covered activities broadly to include virtually all construction, excavation, demolition, and repair work.
We've defeated every one of these defenses. We know how to investigate claims, work with safety experts, and present cases that win, whether by settlement or verdict.
Labor Law 241(6): Additional Protections
Labor Law 241(6) requires construction sites to comply with specific Industrial Code safety rules. Unlike 240, this law does allow comparative negligence. But when a specific safety rule was violated, it creates powerful evidence of liability.
We evaluate every case under both Labor Law 240 and 241(6) to maximize recovery.
Immigration Status Doesn't Matter
Labor Law 240 protects all workers, including undocumented workers. Your immigration status has no bearing on your right to sue property owners and contractors for unsafe conditions. We represent workers regardless of status.
Frequently Asked Questions
What is Labor Law 240?
Labor Law 240, called the "Scaffold Law," is a New York statute that holds property owners and general contractors strictly liable when workers suffer gravity-related injuries due to inadequate safety equipment. It covers falls from heights, falling objects, and related accidents.
Who does Labor Law 240 protect?
Labor Law 240 protects all workers engaged in construction, excavation, demolition, or repair work, including union and non-union workers, employees of contractors and subcontractors, and undocumented workers. Immigration status does not affect your rights.
What makes Labor Law 240 different from other personal injury claims?
Labor Law 240 imposes "absolute liability" on property owners and contractors. This means they are liable if they failed to provide adequate safety equipment, even if the worker was partially at fault. Comparative negligence is NOT a defense.
Can I sue under Labor Law 240 if I was partially at fault?
Yes. Unlike typical negligence cases, your own fault is not a defense to a Labor Law 240 claim. If the owner failed to provide proper safety equipment and that failure was a cause of your fall, they are liable, period.
What types of accidents does Labor Law 240 cover?
Labor Law 240 covers gravity-related injuries: falls from scaffolds, ladders, and elevated platforms; falls through openings; and injuries from falling objects. The key is that the injury must involve a significant elevation differential.
How long do I have to file a Labor Law 240 claim?
You generally have 3 years from the date of your accident to file a lawsuit. However, if your injury occurred on a government-owned property, you may have as little as 90 days to file a notice of claim. Contact an attorney immediately.
What is the new scaffolding law in NYC?
New York's so-called "Scaffold Law," codified at Labor Law § 240, has been on the books since 1885 and imposes absolute liability on property owners and general contractors for gravity-related injuries suffered by construction workers on elevated surfaces or in excavations. There is no "new" version of the law, though the New York State Legislature has periodically debated reforms, and courts continue to refine how § 240 applies to specific fact patterns involving ladders, scaffolds, hoists, and falling objects. If you were injured on a construction site in New York City, the key point is that § 240 shifts full liability to the owner or contractor regardless of any comparative fault on the part of the injured worker. An attorney familiar with Labor Law § 240 litigation can evaluate whether your fall or falling-object incident qualifies for this heightened protection.
What is the scaffold law in NYC?
New York Labor Law § 240, commonly called the Scaffold Law, imposes absolute liability on property owners and general contractors when a worker is injured by a gravity-related hazard on a construction site, such as a fall from height or being struck by a falling object. Unlike most negligence claims, the law does not allow the owner or contractor to reduce their liability by arguing the injured worker was partially at fault. Enacted in 1885 and still in force today, it remains one of the strongest worker-protection statutes in the country and applies to construction, demolition, and repair work throughout New York State, including all five boroughs of New York City. If you were hurt on a job site in Manhattan, Brooklyn, the Bronx, Queens, or Staten Island, Labor Law § 240 may entitle you to pursue a claim directly against the owner or general contractor regardless of your employer's workers' compensation coverage.
Injured in a Construction Fall?
Labor Law 240 may entitle you to full compensation. Get lawyers who know this law inside and out.