Construction is one of the most dangerous industries in New York, with workers facing daily risks from heights, falling objects, unstable scaffolding, and unsafe work conditions. These dangers are especially common on job sites across New York City, Long Island, and the Hamptons.
To protect these workers, New York enacted Labor Law 240, known as the Scaffold Law. This law offers some of the strongest protections in the country for elevation-related injuries — but it doesn’t apply to every accident, and there are several important exceptions that can prevent a claim against certain parties.
Below, we explain how Labor Law 240 works, who it protects, and when it applies — plus the exceptions workers should understand before filing a claim.
Labor Law 240 requires owners and general contractors to provide safe equipment and adequate fall protection for workers performing elevated work such as:
This law mandates proper:
When this equipment is missing, defective, or improperly installed, the responsible parties can be held strictly liable for injuries.
Injured on a job site? Read more about our Construction Accidents in New York practice area.
Only certain types of accidents fall under the Scaffold Law, specifically gravity-related hazards.
Objects such as tools, materials, and debris that fall because they were not properly secured.
Scaffold collapse, broken ladders, or defective harnesses.
Labor Law 240 applies to:
Subcontractors cannot be sued directly under this statute, although they may be responsible under other laws.
Even though Labor Law 240 is powerful, it is not automatic. Insurers often argue that an exception applies to limit or deny compensation.
Here are the most common exceptions:
If the homeowner:
…they are exempt from liability under Labor Law 240.
Labor Law 240 applies only to gravity-related injuries.
It does not apply to:
Other laws may apply here, including:
Injured in a slip and fall? We’ve got you covered.
Routine cleaning or maintenance work is not covered under Labor Law 240.
Example: A janitor changing a light bulb is not protected under the Scaffold Law.
If a worker:
…defendants may argue that the worker alone caused the accident.
This is one of the most common defenses insurers use to fight Scaffold Law claims.
Learn more about Comparative Negligence in New York.
If a tenant hires contractors without the building owner’s involvement, the owner may not be liable.
Many construction injury cases involve multiple laws, not just the Scaffold Law.
Requires contractors and owners to comply with New York’s Industrial Code for job site safety.
Covers general job site hazards and unsafe conditions.
Combining these laws can strengthen the case and identify more responsible parties.
Labor Law 240 cases frequently involve:
For a deeper explanation: Why Personal Injury Cases Take Time — Common Delays Explained
A successful Scaffold Law claim can include:
For serious injuries, compensation can be substantial because these accidents often cause life-altering harm.
Our firm handles Scaffold Law cases throughout NYC, Nassau County, Suffolk County, and the Hamptons, and we have experience with:
We investigate liability, gather expert reports, coordinate with medical specialists, and pursue maximum compensation from all responsible parties.
Ready to work with Vlahadamis? Meet our team.
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