New York Labor Law 240 scaffold law attorney

N.Y. Labor Law 240(1), known as the scaffold law, is the strongest protection available to construction workers in the United States. It requires owners and contractors to furnish and place scaffolding, hoists, ladders, slings, braces and similar devices so as to give proper protection to workers, and it imposes liability that a worker’s own carelessness generally cannot defeat. The section reaches elevation-related risks, and identifying whether a given accident is one of those is the threshold question. Law Offices Of SRIS, P.C. handles these claims. Call (888) 437-7747.

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What the Statute Actually Covers

Labor Law 240(1) applies to risks arising from a difference in elevation, which covers both a worker falling from a height and an object falling onto a worker from a height. It is not a general workplace safety statute, and a fall on the same level does not come within it however serious the injury. The duty runs to owners, general contractors, and their agents, and it is non-delegable, meaning an owner cannot escape it by hiring a competent contractor and stepping back from the site.

Absolute Liability and What It Means

Where a required safety device was absent, inadequate, or failed, liability under 240(1) is absolute. A worker’s comparative negligence is not a defense, which distinguishes this section from nearly everything else in New York tort law. That does not make every elevation accident a winning case. The defense that succeeds is the sole proximate cause argument, which asserts that adequate devices were available, the worker knew he was expected to use them, and he chose for no good reason not to. Where that is established, the claim can fail entirely.

Recalcitrant Worker and Sole Proximate Cause

These related defenses are the main battleground in modern scaffold law litigation. The defense must show that appropriate devices were readily available at the site, that the worker knew both of their availability and of the expectation that they be used, and that no adequate device was in fact lacking. A general instruction to be careful does not suffice, and neither does the presence of equipment somewhere on a large site if it was not accessible where the work was performed. The proof is factual and turns on site testimony.

Which Workers and Which Activities

The statute covers erection, demolition, repairing, altering, painting, cleaning, and pointing of a building or structure. Routine maintenance is not covered, and the line between a repair and routine maintenance is frequently litigated. Whether the work being performed at the moment of the accident falls inside the enumerated activities matters more than the worker’s job title or trade. Owners of one and two family dwellings who do not direct or control the work are exempt from the section.

Falling Object Claims

For an object that falls, the claim requires that the object was being hoisted or secured, or required securing for the purposes of the undertaking, and that it fell because of the absence or inadequacy of a protective device. An object that simply falls is not enough on its own. Establishing what the object was, what it was doing at the time, and what device should have secured it is the work of the case, and it depends on site records and testimony gathered early.

Running Alongside Workers Compensation

A worker injured on a site typically has a compensation claim against the employer and a Labor Law claim against the owner and general contractor, who are usually different entities. The compensation carrier asserts a lien against any third-party recovery, and resolving that lien is part of concluding the case rather than an afterthought. Coordinating the two proceedings from the beginning avoids decisions in one that damage the other.

Evidence That Decides These Cases

Site safety records, daily reports, accident reports, photographs taken before the scene changes, and the identity of every entity with a presence on the site are what these claims are built on. Construction sites change quickly and equipment is moved, so a preservation demand sent early is often decisive. Witness identification also degrades fast, because crews rotate between projects and the people who saw an accident may be unreachable months later.

Ladders, Scaffolds, and What “Proper Protection” Means

A device that was present does not satisfy the statute if it was inadequate for the task. An unsecured ladder that shifts, a scaffold without a guardrail where one was required, or a device rated below the load it was asked to carry can each establish a violation. Courts have repeatedly held that the statute is not satisfied merely because equipment existed on site. The question is whether the protection actually furnished was proper for the specific elevation risk the worker faced, which is a factual inquiry that usually requires testimony about how the work was set up.

Damages in an Elevation Case

Because liability under this section is often resolved before trial, these cases frequently proceed to a trial on damages alone. That changes preparation substantially. The medical proof, the vocational proof about what work the injured person can still perform, and the life care plan for future treatment become the whole case. Economic losses in construction injuries are often large, because the injured worker is typically of working age in a physically demanding trade with limited capacity to retrain into comparable earnings.

Frequently Asked Questions

Does my own carelessness defeat a scaffold law claim?

Generally not. Where a required safety device was absent or failed, liability is absolute and comparative negligence is not a defense. The exception is the sole proximate cause defense, which requires proof that adequate devices were available and that you knew you were expected to use them.

Does a fall on level ground count?

No. Labor Law 240(1) addresses elevation-related risks. A same-level fall may support a claim under Labor Law 241(6) or 200, but it is outside the scaffold law.

Can I sue my employer?

Generally not, because workers compensation is the exclusive remedy against an employer. The Labor Law claim runs against the property owner and general contractor, which are usually separate entities.

What if I am undocumented?

Immigration status does not bar a Labor Law claim. Courts have restricted how status may be used in these cases, and attempts to introduce it are often improper. Raise it with counsel early so it is handled correctly.

What if a homeowner hired me?

Owners of one and two family dwellings who do not direct or control the work are exempt from Labor Law 240(1). Whether the exemption applies depends on the nature of the property and the degree of control exercised.

How quickly should I act?

Immediately. Site conditions change within days, equipment is relocated, and crews move on. Preservation of records and identification of witnesses is far easier in the first weeks than months later.

About Mr. Sris

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he builds a record and reads the other side’s file. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to the documentary and financial side of an injury claim, from billing records to wage loss. Mr. Sris and the firm’s Of Counsel attorneys handle New York matters together, with the division of work set at the start of the engagement.

Speak With Mr. Sris

Request a consultation. Reach our location at (888) 437-7747. Bring the police or incident report, the name of every provider who has treated you, your no-fault claim number if one was opened, and any correspondence from an insurer. That material lets the first conversation move past intake.

No attorney fee unless we recover. Clients may be responsible for case expenses.

Last updated: August 25, 2026

This page provides general information about New York personal injury law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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