What Is New York's Scaffold Law?

New York's Scaffold Law (Labor Law § 240) holds property owners and general contractors strictly liable for gravity-related construction injuries. That means falls from height and workers struck by falling objects. Unlike a standard negligence claim, an injured worker does not need to prove the owner or contractor was careless. New York is the only state with this kind of strict-liability law for height-related construction accidents.

That single feature makes Labor Law § 240 one of the most protective laws for injured construction workers anywhere in the country. It changes the central question in a case. Instead of asking "who was at fault?", the law asks "was the right safety equipment provided?" For a worker who fell from a defective scaffold or was hit by a dropped object, that shift can decide whether a claim stalls or succeeds.

At The Orlow Firm, we have represented injured construction workers across Queens and New York City for more than 40 years. Labor Law § 240 sits at the center of many of those cases. This article explains what the Scaffold Law actually says, who it protects, how strict liability works, and what to do if you or someone you love was hurt on a job site.

What Does the Scaffold Law Actually Say?

Labor Law § 240 was first passed in 1885. As of 2026, it is still on the books and mostly unchanged. Its core rule is in subdivision (1), which tells owners and contractors to supply proper safety gear for work done up high.

The operative language of § 240(1) requires that workers be provided with:

scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.

In other words, the law does not just ask owners and contractors to make a reasonable effort. It requires that the equipment actually give proper protection. If a worker falls because that protection was missing, inadequate, or defective, the statute has been violated. (NY Labor Law § 240)

The statute also sets exact physical standards. Under § 240(2), scaffolding more than 20 feet above the ground or floor must have a safety rail that rises at least 34 inches above the work platform. Under § 240(3), any scaffold must be able to hold four times the most weight that will be placed on it. These are not suggestions. They are the floor the law expects every high workspace to meet.

Finally, the statute defines the kinds of work it covers. Section 240(1) applies to the "erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure." If the task falls into one of those categories and involves a height or falling-object hazard, the Scaffold Law is generally in play.

Who Is Protected Under the Scaffold Law?

The Scaffold Law protects workers doing the construction-type tasks the statute lists. That covers a wide range of trades. Carpenters, ironworkers, electricians, plumbers, painters, roofers, HVAC technicians, demolition workers, and repair workers up high all qualify. The protection applies at any stage of a job, not just during new construction.

The law does not distinguish between union and non-union workers. Both are protected equally. A non-union worker injured by a fall has the same right to bring a § 240 claim as a union member doing identical work.

The Scaffold Law also protects documented and undocumented workers alike. Immigration status has no effect on a worker's rights under § 240. New York courts have long held that an injured worker's recovery does not depend on their immigration paperwork. The NYC Mayor's Office of Immigrant Affairs confirms that immigrant workers keep their job-injury protections no matter their status. (NYC immigrant workers' rights — Mayor's Office of Immigrant Affairs) If you are undocumented and were hurt in a fall at a construction site, you may still have a valid claim.

Who Is Not Covered

The Scaffold Law is broad, but it has limits. It generally does not protect:

• Workers doing routine maintenance unconnected to a construction, repair, or alteration project, such as changing a light bulb or basic cleaning not tied to construction work.
• Purely decorative work with no structural component.
• Manufacturing work performed in a factory rather than on a building or structure.

These lines can be hard to draw. Whether a task qualifies often turns on the exact facts. That is one reason it helps to have an attorney who knows how courts apply the statute review the details of an accident.

How Does Strict Liability Work Under the Scaffold Law?

Strict liability is the idea that sets Labor Law § 240 apart from nearly every other injury claim. In a normal negligence case, the injured person must prove that someone else was careless. Under the Scaffold Law, that step is removed.

To win under § 240, an injured worker generally must show three things. First, the accident involved a gravity risk, meaning a fall from a height or an object falling from above. Second, proper safety equipment was missing, weak, or broken. Third, that failure was a direct cause of the injury. Once those points are met, liability attaches under the law itself. It does not matter whether the owner or contractor was personally at fault.

Two features make this protection especially strong. First, comparative negligence is generally not a defense under § 240. The argument that an injured worker was "partly at fault" can sharply cut a payout in a typical negligence case. It does not apply to a valid Scaffold Law claim. Second, the duty is nondelegable, which means it cannot be handed off. Owners and general contractors cannot dodge blame by pointing to a subcontractor or arguing that safety was someone else's job. The duty to provide proper protection stays with them.

The Defenses Owners and Contractors Raise

Strict liability does not mean every fall results in automatic recovery. Defendants rely on two recognized defenses. Understanding them helps explain why these cases still require careful work.

The first is the sole proximate cause defense. If the worker's own conduct was the only cause of the injury, the defendant can avoid liability. Courts require all of the following to be true: adequate safety equipment was available, the worker knew about it, the worker was expected to use it, and the worker chose not to use it for no good reason. (Robinson v. East Medical Center, LP, 6 N.Y.3d 550 (2006)) Because every element must be met, this defense succeeds far less often than defendants suggest.

The second is the recalcitrant worker defense, a narrow subset of sole proximate cause. It applies only when a worker flatly refused to use available safety equipment after a direct and immediate instruction to do so. New York courts apply this defense very narrowly. A general safety policy or a sign on a wall is rarely enough to invoke it.

It is also worth knowing where the law stands today. As of June 2026, Labor Law § 240 has not been changed. Reform bills are being debated in Albany, including efforts to bring comparative fault into these cases or to write the sole-proximate-cause rule into the statute. None have passed. The strict-liability rules described here are still the law.

The Homeowner Exception

The Scaffold Law contains one significant carve-out written into the statute itself. Owners of one- and two-family dwellings who "contract for but do not direct or control the work" are exempt from § 240 liability. The idea is that an ordinary homeowner hiring a contractor for a project on their house should not face the same strict liability as a commercial developer.

The exception is narrower than it first appears. A homeowner who actively oversees the work, directs how it is done, or otherwise controls the project loses the protection. The phrase "direct or control" is doing real work here, and courts look closely at how involved the homeowner actually was.

The exception also does not reach beyond small residential property. It does not apply to apartment buildings of three or more units, condominiums, mixed-use buildings, or commercial property. Owners of those properties remain subject to the full force of § 240. (NY Labor Law § 240, subdivision 1)

Common Scaffold Law Accidents

Most Scaffold Law claims grow out of a familiar set of hazards, the very dangers the statute was written to prevent. The most common include:

• Falls from scaffolding, ladders, roofs, and elevated platforms.
• Workers struck by falling tools, materials, or debris dropped from above.
• Scaffold collapses caused by structural failure, improper assembly, or defective materials.
• Tip-overs from unsecured or improperly placed ladders.

These categories track closely with the leading cause of construction deaths in New York City. Falls remain the single most common cause of construction worker fatalities in the city, the precise hazard § 240 exists to address. According to the Occupational Safety and Health Administration, falls are consistently the leading cause of death in construction nationwide as well. (OSHA Fall Prevention) For more detailed injury data, the New York State Workers' Compensation Board tracks workplace injury claims across the state. (NY Workers' Compensation Board)

In our own practice, these patterns appear again and again. We have represented a construction worker who fell 12 feet off a ladder and required neck and back surgery, recovering $3,375,000. We have represented an undocumented worker who was electrocuted on a scaffold and fell, requiring back and knee surgeries, recovering $2,474,000. And we have represented a painter injured in a Manhattan scaffold accident who recovered $900,000. Prior results do not guarantee a similar outcome.

What Compensation Can Be Recovered?

A successful Scaffold Law claim may recover the full range of damages available in a personal injury case. Depending on how bad the injury is, compensation may cover medical bills, including emergency care, surgery, rehab, and long-term care. It can also cover lost wages and the income you can no longer earn. And it can include pain and suffering (physical and emotional distress), plus the lasting mental toll of a serious accident.

For workers left with permanent disabilities, compensation may extend to the cost of home modifications and vocational rehabilitation. Spouses may recover for loss of consortium. When a worker dies, surviving family members may pursue wrongful death benefits.

One point causes a lot of confusion. A § 240 claim can be brought on top of workers' compensation, not instead of it. The two are not either-or. Workers' comp pays limited, capped benefits no matter who was at fault, but it does not pay for pain and suffering and rarely covers the full cost of a serious injury. A Scaffold Law claim against the owner or general contractor has no such caps, which is why it often becomes the larger source of recovery.

Time Limits to File a Scaffold Law Claim

Deadlines in these cases are strict, and missing one can permanently bar a claim. The standard deadline to file a Scaffold Law lawsuit is three years from the date of the accident, under CPLR § 214(5). (CPLR § 214 — Statute of Limitations for Personal Injury)

The timeline gets much shorter when a government or municipal entity is involved, such as a project on city-owned property. A Notice of Claim generally must be filed within 90 days of the accident under General Municipal Law § 50-e. Any lawsuit must then be brought within one year and 90 days under § 50-i. (Gen. Mun. Law § 50-e — Notice of Claim; § 50-i — Time to Commence Action)

Beyond the formal deadlines, there is a practical reason to act quickly. Evidence in construction cases disappears fast. Surveillance footage gets overwritten, the scaffold or ladder involved is repaired or discarded, and witnesses move on to other job sites and become hard to locate. The sooner the scene and equipment are documented, the stronger a claim tends to be.

Steps to Take After a Scaffold Accident

If you were injured in a fall or struck by a falling object on a construction site, a few early steps can protect both your health and any future claim:

1. Seek immediate medical care, even if the injury seems minor at first.
2. Report the accident to your supervisor or site foreman, and make sure it is documented.
3. Photograph the scene, the equipment involved, and any visible hazards while you still have access.
4. Collect the names and contact information of any witnesses.
5. Do not give a recorded statement to an insurance company before speaking with an attorney.
6. Contact a Scaffold Law attorney as soon as possible, because the evidence that supports these claims disappears quickly.

Frequently Asked Questions

Does the Scaffold Law only cover scaffolding?

No. Despite its nickname, Labor Law § 240 covers a broad set of elevation-related and falling-object hazards. That includes ladders, hoists, roofs, platforms, and objects dropped from above, not just scaffolds. The statute lists many types of safety devices, and any gravity-related risk during covered construction work can fall within its scope.

What is the difference between Labor Law 240 and 241?

Labor Law § 240 is the strict-liability Scaffold Law. It focuses specifically on gravity-related hazards, meaning falls and falling objects. Labor Law § 241(6) is broader but works differently. It covers a wide range of construction site safety conditions, requires proof that a specific Industrial Code regulation was violated, and allows comparative fault. In short, § 240 imposes strict liability for height-related risks, while § 241(6) governs general site safety under a different standard.

Can I collect workers' compensation and file a Scaffold Law claim?

Yes. Workers' compensation and a § 240 claim are separate and can be pursued together. Workers' comp provides limited, capped benefits regardless of fault. A Scaffold Law claim against the owner or general contractor is not capped and can include pain and suffering. The two are not mutually exclusive.

What qualifies as a 'gravity-related' accident under § 240?

A gravity-related accident is one where the injury results from the effects of gravity. Either a worker falls from a height, or an object falls and strikes a worker below. The hazard must be tied to a difference in elevation. Routine injuries with no height or falling-object component, such as a simple trip on level ground, generally fall outside § 240 even if they happen on a construction site.

This article provides general information and is not legal advice. Every case is different, and how the Scaffold Law applies depends on the specific facts. Contact an attorney to discuss your situation.

Sources & Official Resources

New York Laws Cited

1. NY Labor Law § 240 — Scaffolding and Other Devices for Use of Employees
2. NY Labor Law § 241 — Construction, Excavation and Demolition Work
3. CPLR § 214 — Statute of Limitations — Personal Injury
4. General Municipal Law § 50-e — Notice of Claim
5. General Municipal Law § 50-i — Time to Commence Action Against Municipality

Government Resources 6. OSHA Fall Prevention Campaign — Falls: The Leading Cause of Construction Deaths 7. NYC Mayor's Office of Immigrant Affairs — Immigrant Workers' Rights

Helpful Resource 8. NY Workers' Compensation Board — Workplace Injury Claims

Contact The Orlow Firm

If you or a family member was injured in a scaffold, ladder, or other construction accident in New York, understanding your rights under Labor Law § 240 is an important first step. The Scaffold Law was written to protect workers like you, and a strict-liability claim may recover compensation far beyond what workers' compensation alone provides. The Orlow Firm has stood up for injured construction workers throughout Queens and New York City for more than 40 years.

Call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we win.

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