NYC Construction Worker Rights Under Labor Law 240
Construction work is dangerous everywhere. But in New York, workers who are injured by gravity-related hazards – falls from height, falling objects – have legal protections that simply don’t exist in most other states. New York Labor Law §240, often called the “Scaffold Law,” is one of the most powerful worker-protection statutes in the country. If you’ve been injured on a construction site in New York, you need to understand what it says.
What Labor Law 240 Actually Says
The statute, enacted in 1885 and amended over the years, imposes an absolute duty on owners and general contractors to provide proper protective equipment for workers performing certain elevation-related work. It covers construction, repair, erection, demolition, cleaning, painting, and similar activities at any height – not just work done on scaffolding.
The key word is “absolute.” Unlike ordinary negligence claims where you have to prove the defendant was careless, under Labor Law 240 you simply need to prove that a gravity-related injury occurred and that proper protection wasn’t provided. If those two things are true, the property owner and general contractor are liable – full stop.
This makes Labor Law 240 extraordinarily powerful. It also makes it extraordinarily contested. Property owners, developers, and their insurance companies fight these cases hard. Having an attorney who knows this statute is essential.
Who Is Protected
Labor Law 240 protects:
- Construction workers of any trade (carpenters, ironworkers, electricians, painters, laborers)
- Demolition workers
- Workers performing repair work
- Workers cleaning the exterior of buildings
- In some contexts, delivery workers or others who become involved in construction-adjacent tasks
The key is that you must be performing a covered activity at the time of the injury. If you’re a visitor to a construction site who wasn’t performing any of these activities, the statute typically doesn’t protect you (though other theories of liability may apply).
One important note: undocumented workers are fully protected by Labor Law 240. Your immigration status is irrelevant to your rights under this statute.
Gravity-Related Risks: Falls AND Falling Objects
There are two categories of gravity-related harm covered by the Scaffold Law:
Falls from elevation: falling from a ladder, scaffold, roof, elevated platform, or any other elevated work surface. The protective equipment required depends on the situation – proper scaffolding, safety harnesses, guardrails, secured ladders, safety nets. When any of these is absent, defective, or inadequate, and a worker falls, liability under 240 attaches.
Falling objects: a tool, building material, piece of equipment, or other object that falls and strikes a worker below. To be covered, the object must have been “in the process of being hoisted or secured” or must present a foreseeable gravity-related risk. A wrench that slips from a worker above, a pipe that falls from an improperly secured load, or a beam that swings from a crane – all potentially covered.
Absolute Liability – What This Means in Practice
Let me illustrate this with a simple example. A worker is painting a high wall. The building owner provides a ladder. The ladder was defective – one foot was broken. The painter reaches the top, the ladder collapses, and he falls, breaking his arm and herniating two discs.
Under ordinary negligence law, the worker would have to prove the owner knew or should have known the ladder was defective. Under Labor Law 240, none of that matters. The owner had an absolute duty to provide a proper, safe ladder. The ladder failed. The worker was injured. Liability is established.
The owner cannot escape by pointing to the general contractor. The general contractor cannot escape by pointing to a subcontractor. Both the owner and the general contractor are liable under the statute – they share responsibility, and the injured worker can pursue both.
Who You Can Sue
Under Labor Law 240, you can sue:
- The property owner – whoever owns the land or building where the work was performed
- The general contractor – the entity responsible for overall management of the construction project
You typically cannot sue your direct employer under Labor Law 240 – workers’ compensation covers that relationship. But that doesn’t limit your recovery, because the property owner and GC are usually the parties with the most substantial assets and insurance coverage.
Workers’ Compensation Plus Labor Law 240 – You Can Have Both
This is a question I get often: “If I’m getting workers’ comp from my employer, can I still sue someone else?”
Yes – and this is one of the great features of the New York Labor Law system.
Workers’ compensation covers your medical bills and a portion of your lost wages through your employer’s insurer. A Labor Law 240 lawsuit against the property owner and/or general contractor is a separate claim entirely, and you can pursue both simultaneously. The workers’ comp insurer will typically have a lien on your personal injury recovery (meaning they get repaid for what they paid you), but the net result is that you recover far more than workers’ comp alone would provide – including for pain and suffering, which workers’ comp never covers.
Common Defenses and How to Fight Them
Property owners and their attorneys have developed specific defenses to Labor Law 240 claims. Here’s what to expect:
The Recalcitrant Worker Defense: “The worker was offered safety equipment and refused to use it.” This defense – one of the few ways to defeat a 240 claim – requires clear proof that (1) appropriate safety equipment was actually available and provided to the worker, and (2) the worker’s refusal to use it was the sole cause of their injury. I counter this defense with witness testimony from co-workers, site safety logs, OSHA records, and evidence about what equipment was actually available on the day of the accident.
Sole Proximate Cause: Similar to recalcitrant worker, this defense claims the injured worker was the only cause of their own accident – not the lack of proper protection. Courts apply this defense narrowly. If the equipment provided was inadequate or missing, this defense fails even if the worker contributed to the accident.
“Not a Covered Activity” Argument: Sometimes owners argue that what the worker was doing doesn’t qualify under the statute. This is a legal question that turns on the specific facts.
What To Do If You’re Hurt on a Construction Site
- Get medical attention immediately – your health comes first
- Report the accident to your supervisor in writing; keep a copy
- Document the scene if you’re physically able – photos of the area, the equipment (or lack thereof), the condition that caused the fall
- Get witness names and contact information from co-workers who saw what happened
- Preserve the equipment – the ladder, scaffold, harness, or whatever failed. Do not let it be altered or destroyed.
- File for workers’ compensation through your employer
- Contact a personal injury attorney – your Labor Law 240 claim against the owner/GC must be investigated promptly
OSHA will often conduct an investigation after a serious construction site accident. That report and any citations issued can be valuable evidence.
Frequently Asked Questions
Does Labor Law 240 cover injuries that happen on a ladder – not just scaffolds?
Absolutely. The term “Scaffold Law” is colloquial – the actual statute covers any elevated work situation where gravity is a factor. Ladders, scaffolds, roofs, elevated platforms, aerial lifts, A-frames – all of it. If you fell from a ladder while doing covered work and the ladder was unsafe or inadequate, 240 applies.
What if I was using the wrong tool for the job – does that hurt my case?
Not necessarily. Under the absolute liability standard, the owner and contractor have a non-delegable duty to provide adequate protection. If the overall safety system failed, the fact that you might have done something differently doesn’t defeat the claim. Only the recalcitrant worker defense (refusal of specifically offered safety equipment) or sole proximate cause (you were truly the only reason for your injury) can overcome 240 liability – and both are difficult defenses to win.
Can I bring a Labor Law 240 claim if I’m a day laborer or undocumented?
Yes. Labor Law 240 protects all workers performing covered activities, regardless of employment status or immigration status. Undocumented workers are entitled to the full protections of New York’s labor laws. Your status cannot be used against you in a Labor Law 240 case.
What is Labor Law 241(6) and is it different from 240?
Labor Law 241(6) is a related statute that covers general safety violations on construction sites – violations of Industrial Code regulations that are more detailed than 240’s gravity-related focus. 241(6) requires proof that a specific Industrial Code regulation was violated, whereas 240 is absolute liability for gravity-related hazards. Many construction accident cases involve claims under both statutes simultaneously.
What if the construction site was on private residential property?
There is a homeowner exception to Labor Law 240 and 241(6) for owners of one- or two-family homes who contracted for the work and did not direct or control it. However, this exception is narrow and frequently litigated. If the homeowner had significant involvement in directing the work, or if the property is larger than a one-to-two family home, the exception typically doesn’t apply. Consult an attorney about the specific facts.
Questions about your situation? Call Jason Linden at (212) 804-8440 for a free consultation. No fee unless we win.
