Labor Law 240 Scaffold Law

Manhattan rises on steel, scaffolds, and around-the-clock motion, but every level built above the street poses real risks for the construction workers making it happen. 

A single failure on the job in a city that builds upward can rob you of your ability to work, support your family, and live without pain.

New York recognizes the dangers construction workers face and offers some of the strongest legal protections in the U.S. If you were injured in a fall or struck by a falling object, New York Labor Law 240 (Scaffold Law) holds property owners and contractors strictly liable for fall-related injuries. 

If you were injured on a NYC construction site, call The Perecman Firm at (212) 977-7033 or contact us online for a free consultation today.

Our New York City construction accident lawyers are relentless in our pursuit of accountability and compensation for injured workers. We represent clients across all five boroughs and Long Island who were injured because of safety errors and oversights.

Do I Need a New York Scaffold Law Attorney? 

At The Perecman Firm, we have spent decades handling scaffold law claims and other construction cases in courts across all five boroughs, from the New York Supreme Court in Manhattan to Kings County Supreme Court in Brooklyn. 

We know the judges, the procedural requirements, and the tactics defense attorneys use. That experience as NYC construction accident lawyers allows us to calculate future damages for severe injuries and build cases that hold up at trial.

No Fee Unless We Win

We work on a contingency basis. You pay nothing upfront and owe us nothing unless we recover compensation for you.

Why Choose The Perecman Firm for Your New York Scaffold Law Claim?

When you are dealing with a serious construction injury, you need a legal team that treats your case like it is the only one on the desk. When we take on a case, we give it everything we have.

Award Winning Team of NYC Trial Lawyers

Our team has earned recognition from peers, colleagues, respected legal organizations, and media outlets for the quality of our work and commitment to our clients.

• The National Trial Lawyers "Top 100 Trial Lawyers"
• American Institute of Personal Injury Attorneys "10 Best Law Firms for Client Satisfaction"
• Avvo 10.0 Rating
• Lawyers of Distinction
• National Academy of Personal Injury Attorneys "Top 10 in NYC"
• Attorney and Practice Magazine "Top 10 Personal Injury Law Firms in New York"
• Best Lawyers "Lawyer of the Year" 2022 — Personal Injury Litigation
• Best Lawyers in America, 2008–2022
• Best Lawyers "Ones to Watch"
• U.S. News "Best Law Firms in America," 2011–2023
• Super Lawyers Top 100, New York Metro, 2019–2023
• Super Lawyers, 2007–2023
• New York Law Journal "Top Verdicts in New York"
• New York Magazine Legal Leaders 2021 "Top Rated Personal Injury Lawyers"

A Track Record of Multi-Million-Dollar Results

When your future depends on the outcome of your case, working with a legal team recognized for results in New York courtrooms can make a real difference.

We have recovered nearly a billion dollars for our clients. We believe our results reflect the strength of our preparation and our willingness to go to trial when the insurance company will not offer fair value. 

A Team That Puts Your Case Front and Center

Unlike large national firms where clients become case numbers, we keep our caseload focused so every client gets the attention they deserve. We protect our clients fiercely, and that personal commitment fuels everything we do.

What Is New York Labor Law 240 and How Does It Protect Injured Workers?

Labor Law 240 holds property owners and general contractors strictly liable when inadequate safety equipment causes a gravity-related injury on a construction site. The law removes fault arguments from the equation, placing full responsibility on those who control the job site.

In most personal injury cases, both sides argue over who was to blame. The Scaffold Law changes that dynamic. If the property owner or general contractor failed to provide adequate fall protection, and that failure led to your injury, they are liable. 

This legal standard, called absolute liability, means the defense cannot reduce your compensation by claiming you were partly at fault. Whether the accident happened at a high-rise project near Hudson Yards or a renovation site in Astoria, the protection is the same.

Here is what absolute liability means for you as an injured construction worker:

• You do not need to prove the owner or contractor acted carelessly
• The defense cannot try to lower your payout by arguing that you were partly to blame
• If safety equipment was missing, broken, or inadequate, liability is established

This protection makes the Scaffold Law one of the strongest worker-safety laws in the United States. An experienced Labor Law 240 Scaffold law attorney in New York City can use this standard to build a powerful case on your behalf.

What Types of Construction Accidents Does New York's Scaffold Law Cover?

The Scaffold Law applies to gravity-related accidents on construction sites. If your injury involved a height difference and a failure of safety protection, you may have a valid claim. These accidents fall into two main categories.

Falls From Heights

Falls from scaffolds, ladders, roofs, and elevated platforms are the most common Scaffold Law claims. The law also covers falls through unguarded floor openings and collapses of temporary work platforms. According to the Bureau of Labor Statistics, falls remain the leading cause of death in the construction industry.

Falling Object Injuries

Workers struck by falling tools, beams, bricks, or other construction materials are also protected. Crane load drops, hoist failures, and improperly secured loads dropped from above all fall within the scope of the law. 

Struck-by injuries are notoriously common in New York City. The Perecman Firm secured multiple six- and seven-figure settlements and awards for construction workers struck by falling steel beams and other objects.

Low-Height Falls

New York courts have applied the Scaffold Law to elevation differences as small as a few feet. What matters is whether the injury resulted from missing or inadequate safety equipment, not the exact height of the fall.

Accidents that happen at ground level without an elevation factor, such as slipping on a flat surface, vehicle collisions on a job site, or chemical exposure, are not covered by Labor Law 240. However, a scaffold accident lawyer in New York City can review your situation to determine whether other state labor laws apply.

Who Can File a Scaffold Law Claim in New York City?

The Scaffold Law protects a broad range of workers and places responsibility squarely on those who control job site safety. Eligibility does not depend on union membership, citizenship, or how you were paid, which is why many injured workers consult a workers compensation claim attorney.

Workers covered by the law include:

• Construction workers and laborers performing building, demolition, or repair work
• Independent contractors working on covered construction activities
• Undocumented workers, who have full rights to file a claim under New York law

On the other hand, property owners are strictly liable for safety equipment failures, even if they were never present on the job site. General contractors who oversee the project share that same liability. Owners of one- and two-family homes are generally exempt, unless they directed or controlled the work themselves.

How Is Labor Law 240 Different From Labor Law 241(6)?

These two New York labor laws often apply to the same construction accident, but they work in different ways. Labor Law 240 covers gravity-related hazards with absolute liability. Labor Law 241(6) covers broader construction site safety violations and uses a negligence standard where comparative fault applies.

The practical difference matters. With a 240 claim, the property owner or contractor cannot reduce your award by arguing you were partly responsible. With a 241(6) claim, they can. A 241(6) claim also requires proof that a specific New York Industrial Code regulation was violated.

Filing claims on both tracks often strengthens the overall case. Our NYC construction injury lawyers evaluate every angle to build the strongest argument for maximum compensation.

What Compensation Can You Recover Through a New York Scaffold Law Claim?

A successful Labor Law 240 claim may recover damages that go far beyond what workers' compensation provides. Workers' comp covers medical bills and partial wages, but it does not account for pain and suffering or the full financial impact of a serious injury.

Through a Scaffold Law claim, you may be able to recover:

• Full medical expenses, including surgery, rehabilitation, and ongoing treatment
• Complete lost wages, not just the partial amount workers' comp pays
• Future earning capacity if your injuries prevent you from returning to construction work
• Pain and suffering, both physical and emotional
• Loss of quality of life

You can file a Scaffold Law claim and a workers' compensation claim at the same time. They are separate legal pathways, and pursuing one does not disqualify you from the other. Our NYC Scaffold Law attorneys calculate future damages for severe and permanent injuries to fight for the full amount you are owed.

What Should You Do After a New York Construction Site Fall?

If you have already received medical care for a construction site injury, there are additional steps that may help protect your claim and strengthen your case.

• Hire a lawyer before speaking with insurance adjusters. Adjusters often reach out quickly after an accident, and recorded statements may be used to limit what you recover.
• Keep all medical appointments and follow your treatment plan. Gaps in treatment give the defense an argument that your injuries are less serious than they are.
• Start a written or video journal documenting your daily pain. Notes about how injuries affect your ability to work, sleep, and care for your family help build a stronger claim.
• Save all records related to the accident. Pay stubs, medical bills, medication receipts, and written communications with your employer all carry weight during negotiations.

Early documentation and legal guidance often make a meaningful difference in the outcome of a Scaffold Law claim.

Does an OSHA Violation Help a New York Scaffold Law Claim?

The Occupational Safety and Health Administration (OSHA) sets federal safety standards for construction sites. When OSHA cites a job site for safety violations, those citations may serve as supporting evidence in a Labor Law 240 case.

However, the Scaffold Law is a state law with its own liability framework. A valid Labor Law 240 claim does not require an OSHA violation, and an OSHA citation alone does not automatically prove liability. Our attorneys use OSHA records, site inspection reports, and other evidence to build the strongest possible case.

Ask The Perecman Firm About Your New York Scaffold Law Claim

Q: Are ladder accidents covered by the Scaffold Law in New York?

A: Yes. If you fell from a ladder because it was defective, unsecured, or placed on an unstable surface, you may have a valid claim. The property owner or general contractor is responsible for providing safe equipment, and your actions in placing the ladder generally do not eliminate their liability.

Q: Can I file a Scaffold Law claim if I am an undocumented worker?

A: Yes. New York courts have confirmed that immigration status does not affect your right to file a Labor Law 240 claim. Property owners and contractors cannot use your documentation status as a defense to avoid paying damages.

Q: What if my employer says the accident was my fault?

A: The absolute liability standard of Labor Law 240 prevents property owners and contractors from shifting blame to the injured worker. If the safety equipment was missing or inadequate, they are liable regardless of what your employer claims.

FAQ for New York Scaffold Law Claims

Injured on a New York Construction Site? Talk to a Scaffold Law Attorney Today

A construction injury takes away your ability to provide for your family and live without pain. The Scaffold Law was written to protect workers like you, and our team has spent decades putting it to work.

We will listen to your story, review your case, and tell you exactly where you stand. There is no cost for the consultation and no fee unless we win.

Call (212) 977-7033 or contact us online to schedule your free case review.