New York Labor Law 240 — commonly known as the “Scaffold Law” — is one of the most important worker-protection laws in the state. It provides strong legal rights to construction workers who are injured in elevation-related accidents, including falls from heights and injuries caused by falling objects. In 2025, the law continues to play a major role in construction safety across New York City and Long Island, especially as high-rise construction and renovation projects increase.
Below is a clear, updated explanation of what the Scaffold Law covers, who it protects, who may be liable, and what injured workers should do to protect their rights.
What New York Labor Law 240 Covers
Labor Law 240 requires property owners and contractors to provide proper safety equipment whenever workers are exposed to elevation hazards. This includes scaffolds, ladders, hoists, ropes, harnesses, and other devices meant to prevent falls or protect workers from falling materials.
If a worker falls or is struck by a falling object because these protections were missing or inadequate, the owner or contractor may be held liable — even if they did not directly supervise the work.
The law applies to a wide range of construction activities, including:
- Building new structures
- Alteration or renovation work
- Demolition
- Cleaning
- Painting
- Large-scale repairs
This protection is especially important in places like Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island, where elevation-related work happens daily on active construction sites, commercial buildings, and residential developments.
Who Is Protected Under Labor Law 240
The Scaffold Law protects workers who are performing elevation-related construction tasks. This includes:
- Carpenters
- Roofers
- Electricians
- HVAC workers
- Painters
- Ironworkers
- Masons
- General laborers
The law does not typically cover office workers, delivery persons, inspectors, or others who are not performing construction, alteration, or similar tasks. It may also exclude purely routine maintenance. Determining whether work qualifies often requires legal evaluation.
Homeowners of one- or two-family homes are usually exempt from liability unless they actively supervised or controlled the work.
Who May Be Held Liable Under the Scaffold Law
One of the most significant aspects of Labor Law 240 is that it imposes what courts call “absolute liability.” This does not mean the defendant is automatically responsible, but it does mean that if a worker proves the law applies and safety equipment was inadequate, the owner or contractor can be held liable even if the worker made a mistake.
Those who may be legally responsible include:
Property owners
Owners of commercial buildings, apartment complexes, development sites, and multi-family buildings can be liable even if they were not present at the site.
General contractors
GCs are frequently named in Scaffold Law claims because they oversee the overall project and are responsible for site safety.
Subcontractors
If a subcontractor directed the injured worker’s task or provided faulty equipment, they may also share liability.
Multiple defendants
In many cases, several parties are named, and liability is divided based on control, contracts, and safety responsibilities.
Understanding which parties are responsible is one of the most important steps in building a strong claim. Our firm handles this by examining contracts, project roles, and site supervision to determine who had legal control over the work..
Why the Scaffold Law Is Important in New York
New York is the only state in the country with a law that places full responsibility for elevation safety on owners and contractors. That’s because New York’s construction industry is one of the busiest and most dangerous in the nation, especially in NYC’s high-rise environments.
The law helps workers obtain compensation for serious injuries that are often not fully covered by workers’ compensation alone. While workers’ comp pays medical bills and partial lost wages, it does not compensate for pain and suffering, future earning loss, or long-term disability — but Scaffold Law claims can.
With the expansion of large construction projects in 2025, including commercial developments, housing initiatives, and infrastructure upgrades, the law remains essential for worker safety.
What Injured Workers Need to Prove
To bring a successful Labor Law 240 claim, an injured worker must show:
- They were performing covered work
- They faced an elevation-related hazard
- Proper safety equipment was not provided
- The lack of protection caused the accident
Examples of qualifying incidents include:
- Falling from a ladder or scaffold
- Falling through an unprotected opening
- Being struck by a falling tool or building material
- Ladder collapse
- Scaffolding that shifts, tips, or is improperly secured
These accidents often lead to serious injuries such as fractures, spinal injuries, traumatic brain injuries, shoulder and knee tears, and long-term disability.
Common Defenses Used by Property Owners and Contractors
Even with strict protections for workers, defendants often argue:
- The worker was the sole cause of the accident
- The worker misused the provided equipment
- Work was not covered under the statute
- Proper safety devices were available but not used
- The worker was performing routine maintenance, not alteration
An experienced construction accident attorney will counter these defenses by examining project records, site photos, witness statements, equipment inspections, and employer safety logs.
What To Do After a Construction Fall or Falling-Object Accident
If you suffered an elevation-related construction injury, acting quickly is critical. Evidence on job sites changes rapidly, and surveillance footage is often overwritten within days.
You should:
- Report the accident immediately
- Photograph the scene, equipment, and height involved
- Preserve your work boots, harness, and tools if applicable
- Get medical care right away
- Avoid giving statements to insurance companies
- Contact an attorney experienced in Labor Law 240 claims
Workers’ compensation alone is often not enough. A Scaffold Law claim can help you recover full compensation for your injuries, lost earning capacity, and long-term impact on your life.
How The Fastman Law Group Helps Injured Construction Workers
The Fastman Law Group represents injured workers throughout New York City and Long Island who were hurt in elevation-related accidents. Our team investigates job-site conditions, identifies all responsible parties, and builds strong cases supported by expert testimony and construction safety standards.
We handle both workers’ compensation coordination and third-party liability claims, ensuring no avenue for recovery is overlooked.
If you or a co-worker was injured in a fall or struck by a falling object on a job site, we are here to help. Contact us or call (516) 437-7300 for a free consultation.
