The Orlow Firm

What Is New York’s Scaffold Law?

What Is New York’s Scaffold Law? (Labor Law §240)

New York’s Scaffold Law, officially known as Labor Law §240, is a state law designed to protect construction workers from height-related injuries by holding employers and property owners strictly liable for accidents involving falls from elevated work areas or injuries caused by falling objects.

In simpler terms, if you’re a construction worker in New York and you’re injured by falling from scaffolding, ladders, or another elevated workspace—or hurt by objects falling from above—you are typically entitled to compensation without needing to prove your employer’s negligence. This strict liability standard means property owners and contractors are responsible even if the worker may have contributed to the accident, as long as a violation of the Scaffold Law contributed to the injuries.

The Scaffold Law was enacted to ensure worker safety and encourage compliance with strict safety measures. It requires property owners, contractors, and their agents to provide proper and secure safety equipment such as scaffolding, harnesses, guardrails, and ladders. When these protections fail or are improperly provided, severe and life-changing injuries can result.

However, navigating Scaffold Law claims can be complex. Employers and insurance companies often fight these claims aggressively, arguing that adequate safety measures were provided or that the worker’s actions were solely responsible for the accident. Having an experienced construction accident attorney who understands the nuances of New York’s Scaffold Law is crucial to protecting your rights and securing the compensation you deserve.

Who is Protected Under New York’s Scaffold Law?

New York’s Scaffold Law (Labor Law §240) specifically protects construction workers who are exposed to gravity-related risks while performing their jobs. This protection isn’t limited just to those working directly on scaffolds—it covers a wide range of construction and maintenance workers who perform tasks at elevated heights or below overhead work.

Workers commonly protected under the Scaffold Law include:

  • Construction workers: Anyone performing duties on active construction sites, including carpenters, electricians, plumbers, and ironworkers.
  • Painters and window washers: Professionals who regularly perform tasks on ladders, scaffolds, or suspended platforms at elevated heights.
  • Demolition workers: Those involved in dismantling buildings or structures, where falls or falling objects pose a substantial risk.
  • Maintenance and repair workers: Employees tasked with repairing roofs, facades, or other elevated structures that require the use of scaffolding or ladders.
  • HVAC technicians: Specialists frequently exposed to elevated risks when installing or repairing heating, ventilation, and air conditioning systems.

It’s essential to know that the Scaffold Law specifically applies to construction, demolition, repair, alteration, and certain cleaning projects. It covers both union and non-union workers, and it protects undocumented workers as well. In fact, your immigration status has no bearing on your rights under the Scaffold Law—every worker in New York State has the same protections when it comes to height-related construction injuries.

If you’re unsure whether you’re covered by the Scaffold Law or have questions about your specific situation, it’s crucial to consult with an experienced attorney. At The Orlow Firm, we understand the details of New York’s Scaffold Law and can clearly advise you of your rights and options following a construction accident.

Common Scaffold Law Accidents and Injuries

New York’s Scaffold Law (Labor Law §240) addresses accidents involving elevation-related hazards at construction sites. These incidents typically involve falls from heights or injuries caused by falling objects. Unfortunately, accidents under this law often lead to severe and life-altering injuries due to the nature of elevated work environments.

Some of the most common scaffold law accidents include:

Falls from Elevated Surfaces

Falls frequently occur due to inadequately secured ladders, improperly assembled scaffolding, missing guardrails, or defective harnesses. Workers might fall from:

  • Scaffolding or suspended platforms
  • Roofs or roof edges
  • Ladders or temporary stairways
  • Unsecured or improperly maintained walkways

Falling Objects

Even when workers are safely secured, injuries can result from objects or equipment falling from above, often due to insufficient safety precautions or negligence by others working at higher elevations. Common examples are:

  • Tools, debris, or construction materials falling from scaffolds
  • Building materials improperly stacked or unsecured
  • Equipment dropped by other workers at higher elevations

Scaffolding Collapses

Collapses typically result from negligent assembly, defective materials, or inadequate inspection and maintenance. These incidents can severely injure multiple workers simultaneously.

Common Injuries Resulting from Scaffold Law Accidents:

  • Traumatic Brain Injuries (TBIs): Head injuries ranging from concussions to severe brain trauma due to falls or impact from falling objects.
  • Spinal Cord and Back Injuries: Falls from heights commonly cause debilitating spinal injuries, paralysis, or permanent mobility issues.
  • Fractures and Broken Bones: Serious fractures to limbs, ribs, pelvis, or spine often occur during falls or from being struck by falling items.
  • Internal Injuries: Damage to internal organs from severe impact or blunt force trauma.
  • Amputations: Crush injuries or falls onto sharp objects sometimes result in the loss of limbs.
  • Fatal Injuries: Tragically, the high-risk nature of construction work can result in death, devastating families emotionally and financially.

If you or a loved one have been involved in a scaffold-related accident, it’s critical to speak with experienced Scaffold Law attorneys immediately. At The Orlow Firm, we specialize in handling these complex cases and have the experience necessary to secure full compensation for your injuries, lost wages, and emotional suffering.

Proven Results: Our Scaffold Law Success Stories

At The Orlow Firm, we have a longstanding track record of successfully representing New York construction workers injured due to scaffold-related accidents. Our results speak volumes about our dedication and expertise in securing substantial compensation for our clients. Below are some notable Scaffold Law cases where we have achieved significant settlements and verdicts:

  1. $3,375,000 Settlement for a Ladder Fall Injury – Our client, a construction worker, fell approximately 12 feet off a ladder. He suffered injuries to his neck, back, elbow, and shoulder, ultimately requiring surgeries for his neck and back.
  2. $3,000,000 Awarded for Severe Fall from Ladder – We secured $3 million for a construction worker who fell from a ladder, sustaining a fractured femur and serious back injuries, both necessitating surgical intervention.
  3. $2,475,000 Settlement for Scaffold Electrocution and Fall – Our client, an undocumented construction worker, received an electric shock while standing on scaffolding during demolition work, causing him to fall. He suffered severe back and knee injuries, both of which required surgery.
  4. $2,100,000 Verdict for Scaffold Accident Injuries – An undocumented construction worker represented by our firm fell from scaffolding, causing serious injuries that necessitated surgery on both his elbow and shoulder. After presenting a compelling case, we achieved a substantial verdict in his favor.
  5. $1,375,000 Mediation Settlement for Scaffold Fall – A construction worker who fell from scaffolding suffered injuries to his back and knee. We successfully negotiated a $1.375 million settlement through mediation, compensating our client fully for his medical expenses and pain and suffering.
  6. $1,250,000 for Construction Foreman’s Scaffold Injury – We recovered $1.25 million for a construction foreman who fell from scaffolding and suffered a severe eye injury from a metal snap tie, in addition to a significant back injury.
  7. $900,000 Settlement for Scaffold Accident in ManhattanOur client, a painter, suffered serious injuries in a scaffold-related accident in Manhattan. Our attorneys negotiated aggressively to secure a $900,000 settlement to address his medical costs and lost wages.

These success stories demonstrate The Orlow Firm’s relentless commitment to fighting for injured construction workers across New York. We understand the devastating impact scaffold accidents can have on your life, career, and family. If you or a loved one has experienced a scaffold accident, our proven track record means you can trust us to aggressively pursue the compensation and justice you deserve.

How The Orlow Firm Can Help Maximize Your Scaffold Law Claim

After suffering a serious injury in a scaffold-related accident, securing full and fair compensation is critical to your recovery. At The Orlow Firm, our experienced attorneys understand exactly what it takes to build a powerful Scaffold Law claim, ensuring that you get the maximum compensation available.

Thorough Investigation of Your Accident

Our attorneys immediately conduct a detailed investigation into the circumstances surrounding your accident. This includes:

  • Inspecting the accident site to gather crucial evidence.
  • Interviewing witnesses and obtaining their statements.
  • Reviewing construction site records, safety logs, and inspection reports.
  • Collaborating with experts to identify safety violations and equipment failures.

Identifying All Liable Parties

Construction sites often involve multiple parties, including contractors, subcontractors, property owners, and equipment manufacturers. Our legal team carefully assesses your case to determine every potentially responsible party to ensure you have the greatest opportunity to recover full compensation.

Comprehensive Documentation of Your Damages

We meticulously document all of your injuries, medical treatments, lost wages, and long-term care requirements. Our attorneys consult with medical and economic experts to accurately project future costs, ensuring your settlement covers every aspect of your injury and its lasting impact.

Aggressive Negotiation with Insurance Companies

Insurance companies often try to limit their liability by minimizing your claim. With decades of experience handling Scaffold Law cases, we understand the tactics insurers use. Our firm negotiates aggressively on your behalf, refusing to settle for less than the compensation you rightfully deserve.

Proven Courtroom Experience

While many Scaffold Law cases settle before reaching trial, our attorneys prepare each case as if it will go to court. Our willingness and readiness to present your case before a judge and jury puts pressure on opposing parties, often resulting in a more favorable settlement for you.

Personalized, Compassionate Support

At The Orlow Firm, we recognize that a serious construction injury impacts your entire life. That’s why our attorneys and staff prioritize open communication, keeping you informed at every stage of your case. You’ll always have direct access to our legal team, ensuring that your questions and concerns are promptly addressed.

If you’ve been injured in a scaffold accident, you deserve a legal advocate who will fight tirelessly for your rights. Contact The Orlow Firm today to speak with an experienced New York Scaffold Law attorney and find out how we can maximize your compensation and help you rebuild your life.

Determining Liability in Scaffold Law Cases

Under New York’s Scaffold Law (Labor Law §240), establishing liability typically differs significantly from standard personal injury claims. Unlike many cases where proving negligence is necessary, Scaffold Law claims operate under a concept known as strict liability. Simply put, this means property owners, contractors, and other responsible parties can be held accountable for your injuries if certain safety standards were not met, even without proof of negligence.

However, determining exactly who is liable can still be complex. Potential liable parties usually include:

Property Owners

In most Scaffold Law cases, the property owner is automatically responsible if they failed to ensure proper safety equipment or adequate protections were provided for workers. This is true even if the owner wasn’t directly involved in the construction or project management.

General Contractors

General contractors bear significant responsibility for the overall safety and compliance of construction sites. They are often held liable for failing to ensure subcontractors follow the required safety standards, especially in accidents involving faulty scaffolding, ladders, or other equipment.

Subcontractors and Supervisors

Subcontractors can also share responsibility, particularly when their specific actions—or failures—directly contributed to your injury. Supervisors who fail to provide proper safety gear, neglect safety training, or ignore known hazards can be included in claims as well.

Equipment Manufacturers and Suppliers

If your accident involved faulty or defective scaffolding, ladders, harnesses, or other equipment, manufacturers or suppliers of that equipment might also be held accountable under product liability laws.

Proving Liability Under the Scaffold Law

To successfully establish liability, your attorney must show:

  • The accident involved a gravity-related risk (a fall from an elevation or a falling object).
  • Proper safety equipment or procedures were absent, inadequate, or defective.
  • The lack of safety measures directly led to your injury.

Because employers and insurance companies often vigorously dispute liability or argue that the worker was solely responsible, thorough investigation and aggressive legal representation are essential.

At The Orlow Firm, our attorneys understand the nuances of determining liability under New York’s Scaffold Law. We meticulously evaluate every detail of your case to identify each responsible party, ensuring we hold them fully accountable for your injuries.

Types of Compensation Available in Scaffold Law Claims

When you suffer an injury under New York’s Scaffold Law (Labor Law §240), you’re entitled to comprehensive compensation to address the many impacts that your injury may have on your life. Compensation isn’t limited to immediate medical bills; it encompasses a wide range of damages to help you recover physically, emotionally, and financially.

Here’s an overview of the types of compensation typically available in Scaffold Law claims:

Medical Expenses

After a serious scaffold accident, medical bills can quickly become overwhelming. You’re entitled to compensation for all medical care related to your injury, including:

  • Emergency treatment and hospitalization
  • Surgical procedures
  • Ongoing physical therapy and rehabilitation
  • Prescription medications and medical equipment
  • Long-term medical care or home healthcare services

Lost Wages and Future Earnings

A severe injury often leaves you unable to work, either temporarily or permanently. Compensation in Scaffold Law cases includes:

  • Lost wages during your immediate recovery period
  • Lost earning capacity if your injuries prevent you from returning to your previous job or limit your career opportunities
  • Compensation for reduced future earning potential due to permanent disability or impairment 

Pain and Suffering

Scaffold injuries frequently cause intense physical pain and emotional distress. You can receive compensation for:

  • Chronic pain and physical discomfort
  • Emotional trauma, anxiety, depression, or PTSD resulting from your accident
  • Loss of enjoyment of life if your injuries prevent you from engaging in hobbies, social activities, or daily tasks

Disability and Impairment

Injuries sustained from scaffold accidents can result in permanent disabilities. Compensation may cover:

  • Physical limitations affecting your mobility and daily activities
  • Costs associated with modifying your home or vehicle to accommodate your disability
  • Vocational rehabilitation and training for new employment if necessary

Loss of Consortium

If your injuries significantly affect your relationship with your spouse or family members, you may be eligible for compensation for loss of companionship, emotional support, and intimacy.

Wrongful Death Benefits

If you’ve tragically lost a loved one in a scaffold-related accident, surviving family members may pursue compensation for:

  • Funeral and burial expenses
  • Lost income the deceased would have provided to the family
  • Loss of companionship, emotional support, and parental guidance

At The Orlow Firm, we carefully analyze every aspect of your Scaffold Law case to ensure you receive full and fair compensation. We collaborate with medical professionals, vocational experts, and economists to accurately quantify all your damages, ensuring no element of your loss is overlooked. Our priority is helping you secure maximum compensation so you can move forward with your life confidently and securely.

Steps to Take After a Scaffold Accident in New York

If you’ve suffered injuries from a scaffold accident, your immediate actions can significantly affect both your health and your legal rights. Understanding exactly what steps to follow ensures your safety, strengthens your Scaffold Law claim, and maximizes your potential compensation.

1. Seek Immediate Medical Attention

Your health is the top priority. Even if your injuries seem minor, seek medical care immediately at a nearby emergency room or urgent care facility. Prompt medical attention protects your well-being and documents your injuries thoroughly.

2. Report the Accident to Your Supervisor

Notify your supervisor, foreman, or the responsible person on-site about the incident as soon as possible. Clearly describe the circumstances surrounding your injury, ensuring that the accident is officially documented.

3. Document the Accident Scene (If Possible)

If you’re physically able and it’s safe to do so, gather evidence at the scene by:

  • Taking photographs or video of the scaffold, ladder, or equipment involved.
  • Capturing images of safety equipment (or lack thereof) and the surrounding area.
  • Noting hazardous conditions that contributed to the accident.

4. Collect Witness Information

Witness testimony can significantly support your Scaffold Law claim. Gather contact details from anyone who saw the accident occur, including coworkers or passersby, as their statements can become invaluable evidence.

5. Keep Records of Everything

Maintain thorough documentation, including:

  • Copies of your medical records, bills, and receipts.
  • Records of any communication regarding the accident.
  • Notes about your injuries, pain levels, emotional distress, and how your daily life has been impacted.

6. Avoid Making Statements to Insurance Companies

Insurance companies often try to obtain recorded statements early to minimize your claim. Politely decline to provide any recorded statements or detailed information before consulting an experienced Scaffold Law attorney.

7. Contact an Experienced Scaffold Law Attorney Immediately

Scaffold Law cases involve complex legal procedures, tight deadlines, and aggressive opposition from insurance companies. Consulting with an experienced attorney promptly helps ensure:

  • Preservation of critical evidence.
  • Compliance with crucial deadlines and legal requirements.
  • Immediate protection of your rights.

At The Orlow Firm, we are dedicated to guiding you through every step following a scaffold accident. Our attorneys handle all aspects of your case—investigating thoroughly, dealing with insurance companies, and pursuing maximum compensation—allowing you to concentrate fully on your recovery and well-being.

Common Defenses Used by Employers and How We Overcome Them

While New York’s Scaffold Law is designed to protect workers injured in elevation-related accidents, employers and their insurance companies often aggressively contest these claims. Understanding their common defenses—and knowing how we effectively counter them—can give you greater confidence in your legal rights.

Here are some frequently encountered defenses and how our experienced attorneys at The Orlow Firm overcome each one:

Defense #1: Worker Was Entirely at Fault

Claim: Employers may argue that the worker’s own reckless actions were the sole cause of the accident, suggesting there was no safety violation.

How We Overcome It:
Under the Scaffold Law, even if the worker bears some responsibility, liability remains with property owners and contractors if any safety violation occurred. Our legal team thoroughly investigates and documents the employer’s or contractor’s failures—such as inadequate safety equipment or faulty scaffolding—to demonstrate their clear responsibility.

Defense #2: Safety Equipment Was Available but Not Used

Claim: Employers may argue that appropriate safety gear was provided, but the worker chose not to use it.

How We Overcome It:
We examine the accessibility, suitability, and training related to the safety equipment. If safety measures provided were inadequate, defective, or improperly maintained, liability remains with the employer or site owner. Our detailed investigation and expert testimony effectively dismantle this defense.

Defense #3: Injuries Were Preexisting or Unrelated

Claim: Employers often claim injuries were preexisting or unrelated to the accident, seeking to minimize compensation.

How We Overcome It:
Our attorneys carefully compile medical records, physician testimony, and expert medical evaluations to clearly establish the direct connection between your injuries and the scaffold accident. We use medical experts to demonstrate precisely how the accident aggravated any previous condition or caused new injuries.

Defense #4: Worker was Not Performing Covered Work

Claim: Employers sometimes claim the injured worker wasn’t engaged in construction, alteration, demolition, or repair at the time of the injury.

How We Overcome It:
We thoroughly document the job role and task being performed at the time of your accident, leveraging construction records, project documentation, and witness statements to prove your work clearly falls under the Scaffold Law’s protections.

Defense #5: Accident Was Unavoidable (“Freak Accident”)

Claim: Employers might claim the accident was a rare or unavoidable event outside their control, asserting no reasonable safety precautions could have prevented it.

How We Overcome It:
Our skilled attorneys conduct an exhaustive investigation to identify clear safety failures, including poorly maintained equipment, lack of inspections, or failure to meet regulatory standards, proving the accident was entirely preventable with proper precautions.

At The Orlow Firm, we anticipate and aggressively counter these common employer defenses in Scaffold Law cases. Our meticulous preparation, deep legal knowledge, and proactive approach ensure you remain protected, allowing us to secure the maximum compensation you rightfully deserve.

Frequently Asked Questions (FAQs) About New York Scaffold Law

Below are clear, straightforward answers to the most commonly asked questions about New York’s Scaffold Law (Labor Law §240).

What exactly is New York’s Scaffold Law?

New York’s Scaffold Law holds property owners and contractors strictly liable for construction accidents involving falls from heights or injuries from falling objects. Workers injured due to unsafe scaffolding, ladders, or elevation-related equipment have strong legal protection under this law.

Do I need to prove my employer was negligent?

No. Unlike most personal injury cases, under New York’s Scaffold Law, you don’t have to prove negligence. You only need to demonstrate that your injuries were caused by an elevation-related accident resulting from inadequate safety measures.

Does the Scaffold Law apply if I’m partially at fault?

Yes. Even if you bear some responsibility for your accident, New York’s Scaffold Law still holds property owners and contractors liable, provided inadequate safety equipment or practices played a role in your injury.

What types of workers are covered under the Scaffold Law?

The Scaffold Law covers construction, demolition, alteration, repair, painting, cleaning, and certain maintenance workers who work at heights or below overhead construction activity, regardless of union affiliation or immigration status.

How long do I have to file a Scaffold Law claim?

In New York, the statute of limitations for Scaffold Law claims is generally three years from the date of the accident. However, some circumstances, such as claims against governmental entities, may have shorter deadlines—so it’s essential to consult an attorney promptly.

How much compensation can I receive in a Scaffold Law claim?

Every claim is unique, but compensation typically covers medical expenses, lost wages, pain and suffering, disability, emotional distress, and reduced quality of life. Cases involving serious injuries can result in substantial settlements or verdicts.

Can undocumented workers file Scaffold Law claims?

Absolutely. Your immigration status does not affect your eligibility to seek compensation under New York’s Scaffold Law. You have the same rights and protections as any other worker injured in a scaffold accident.

How long does a Scaffold Law lawsuit typically take?

Scaffold Law cases can range from several months to a few years depending on complexity, severity of injuries, the number of involved parties, and whether the case proceeds to trial. Many cases settle before trial, speeding up the timeline significantly.

Do I really need a lawyer for a Scaffold Law claim?

Yes. Scaffold Law claims involve complex legal rules, aggressive opposition from insurance companies, and potential disputes over liability. Experienced attorneys can effectively protect your rights, navigate legal complexities, and significantly increase your compensation.

If you have additional questions or need guidance about a Scaffold Law claim, contact The Orlow Firm today for a free, confidential consultation. Our experienced attorneys are dedicated to helping you secure the justice and compensation you deserve.

Helpful Local Resources for New York Construction Workers

Following a scaffold accident, accessing local resources quickly can be essential for your medical care, financial assistance, and overall well-being. Below is a carefully compiled list of resources for construction workers throughout New York City:

Hospitals & Medical Facilities

Workers’ Compensation Information

  • New York State Workers’ Compensation Board
    General Information Line: (877) 632-4996
    https://www.wcb.ny.gov 
  • New York Committee for Occupational Safety & Health (NYCOSH)
    14 Wall Street, Suite 5A
    New York, NY 10005
    (212) 227-6440
    https://nycosh.org 

OSHA and Safety Information

  • Occupational Safety and Health Administration (OSHA)
    New York Regional Office
    201 Varick Street, Room 670
    New York, NY 10014
    (212) 337-2378
    https://www.osha.gov 

Labor & Union Organizations

  • Building & Construction Trades Council of Greater New York
    71 W 23rd Street, Suite 501-03
    New York, NY 10010
    (212) 647-0700
    https://www.nycbuildingtrades.org 
  • Laborers’ International Union of North America (Local 79)
    131 W 33rd Street, 7th Floor
    New York, NY 10001
    (212) 465-7900
    https://www.local79.org 

Police Departments (to obtain accident reports)

New York Courts & Legal Information

Community & Financial Assistance

At The Orlow Firm, we understand that recovering from a serious scaffold accident involves more than just legal assistance—it involves navigating medical care, financial aid, and community support. If you have additional questions or need further assistance, don’t hesitate to contact our experienced Scaffold Law attorneys for personalized guidance and support.

Why Choose The Orlow Firm for Your Scaffold Law Case?

What Is New York's Scaffold Law?

After a serious scaffold accident, choosing the right legal representation is critical. At The Orlow Firm, we offer injured workers a powerful combination of dedicated experience, proven results, and compassionate client care that sets us apart from other law firms.

Decades of Experience with Scaffold Law Claims

Since our founding in 1982, we’ve specialized in New York personal injury law, with extensive experience specifically handling Scaffold Law (Labor Law §240) cases. Our attorneys deeply understand the complexities, defenses, and strategies unique to these claims, enabling us to deliver consistently successful results.

Proven Track Record of High-Value Settlements and Verdicts

Our record of substantial compensation speaks for itself. We’ve secured millions of dollars for construction workers injured in scaffold accidents, including numerous multi-million-dollar verdicts and settlements. Insurance companies know that we aggressively pursue maximum compensation, giving your claim significant leverage from the outset.

Personalized, Family-Oriented Approach

As a family-run law firm, The Orlow Firm treats every client with genuine compassion, personal attention, and respect. You’ll never feel like just another case number—we get to know your personal story, ensuring your representation is tailored specifically to your needs and goals.

Comprehensive Case Preparation and Aggressive Advocacy

We leave no stone unturned in building your case. Our attorneys work closely with medical experts, accident reconstruction specialists, vocational consultants, and economic analysts, ensuring every aspect of your claim is meticulously documented and presented powerfully, whether in settlement negotiations or at trial.

Strong Negotiators and Fearless Trial Lawyers

Many Scaffold Law claims settle outside of court—but if trial is necessary, we are fully prepared to fight for you in front of a judge and jury. Our skilled trial attorneys have extensive courtroom experience and a reputation for persuasive, passionate advocacy.

No Fees Unless We Win Your Case

We operate on a contingency fee basis, meaning you never pay us upfront or out-of-pocket. Our interests are fully aligned with yours—we only get paid when we successfully secure compensation on your behalf.

Choosing The Orlow Firm means choosing a dedicated legal partner committed to your full recovery and securing maximum compensation for your injuries. With us by your side, you can confidently move forward, knowing your Scaffold Law claim is in trusted hands.

Contact us today for your free, no-obligation consultation. Let our experienced attorneys guide you toward the justice you deserve.

 

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