If you were hurt in a fall or other gravity-related accident on a New York City job site, a construction accident lawyer in NYC can help you pursue a claim under Labor Law § 240(1) — the statute often called the “Scaffold Law.” This law places strict, non-delegable responsibility on property owners and general contractors for elevation-related hazards, and it can provide a path to compensation well beyond a standard workers’ compensation claim. Below, Redmond Law Firm, PLLC explains how the Scaffold Law works, the other statutes that protect construction workers, the deadlines that apply, and the steps to protect your rights.
What Is Labor Law § 240(1), the “Scaffold Law”?
Labor Law § 240(1) is New York’s most powerful protection for construction workers injured by height-related risks. It requires owners and contractors (and their agents) to furnish or erect safety devices — such as scaffolding, hoists, ladders, slings, pulleys, braces, and similar equipment — that give proper protection to workers performing certain construction, demolition, repair, painting, cleaning, or pointing work.
The statute is aimed squarely at elevation-related or gravity-related hazards: a worker falling from a height, or an object falling and striking a worker below. When a covered worker is injured because an adequate safety device was not provided or failed, owners and general contractors can face absolute (strict) liability. That means the injured worker does not have to prove the owner or contractor was careless in the ordinary sense — the failure to provide proper protection against the elevation risk is enough.
Importantly, the duty under § 240(1) is non-delegable. An owner or general contractor cannot escape responsibility by pointing to a subcontractor or claiming they did not control the work. And because liability can be absolute, the injured worker’s own comparative fault is generally not a defense to a § 240(1) claim. (There are narrow exceptions, discussed below.)
What Kinds of Accidents Does § 240(1) Cover?
The Scaffold Law does not cover every construction injury — it targets the special dangers created by differences in elevation. Common § 240(1) scenarios include:
- Falls from a height: a worker falling off a scaffold, ladder, roof, beam, or through an unguarded opening or floor hole.
- Falling objects: tools, building materials, or debris falling from above and striking a worker, where a hoisting or securing device should have prevented it.
- Scaffold or ladder failures: a scaffold that collapses, shifts, or lacks guardrails, or a ladder that is unsecured, defective, or too short for the task.
- Improper hoisting: loads that fall because they were not properly secured, braced, or hoisted with adequate equipment.
By contrast, injuries that are not the direct result of an elevation differential — for example, tripping over debris on the same level, or a general slip on a wet surface — usually fall outside § 240(1), though they may be covered by other Labor Law sections.
Labor Law § 241(6) and § 200: The Other Key Protections
New York construction workers are protected by more than just the Scaffold Law. Two other Labor Law sections frequently support a claim:
Labor Law § 241(6) imposes a non-delegable duty on owners and contractors to provide “reasonable and adequate protection and safety” to workers in areas where construction, excavation, or demolition work is being performed. To succeed under § 241(6), an injured worker generally must show a violation of a specific, concrete safety rule in the Industrial Code (12 NYCRR Part 23) — not just a general safety standard. Unlike § 240(1), a § 241(6) claim allows the defense to argue comparative negligence, which can reduce (but not necessarily eliminate) recovery.
Labor Law § 200 codifies the common-law duty to provide workers with a reasonably safe place to work. A § 200 claim typically requires showing that the owner or contractor either created the dangerous condition or had notice of it and the authority to control the work or the site. These claims are more fact-intensive than § 240(1) claims.
A skilled construction accident lawyer will often plead these sections together, because different facts support different theories, and the strongest claim depends on exactly how the accident happened.
Why Workers’ Compensation Is Usually Not Enough
If you are hurt on the job, workers’ compensation generally provides benefits regardless of fault — but it is also usually the exclusive remedy against your direct employer under New York’s Workers’ Compensation Law. In most cases you cannot sue your own employer for a job-site injury.
That is exactly why Labor Law claims matter. Section 240(1) and § 241(6) allow an injured worker to bring a separate lawsuit against the property owner and the general contractor — parties who are usually not the worker’s direct employer. These third-party Labor Law claims can seek damages that workers’ compensation does not fully cover, such as pain and suffering, and can be a critical source of compensation for a seriously injured worker and their family.
Deadlines That Can Make or Break Your Claim
Construction accident claims are governed by strict time limits. Missing a deadline can permanently bar an otherwise strong case.
- Personal injury lawsuits (private projects): Under CPLR 214, a personal injury action generally must be started within three years of the accident.
- Claims involving a public entity: If the project involves a city, state, or public authority (for example, a New York City agency or a public housing site), you may first have to serve a Notice of Claim within 90 days of the accident under General Municipal Law § 50-e, followed by a shorter lawsuit deadline. These public-entity rules are unforgiving.
- Workers’ compensation: There are separate, earlier deadlines to report a work injury to your employer and to file a workers’ compensation claim.
Because a single accident can trigger several overlapping deadlines — and because the public-entity 90-day window comes up fast — it is wise to speak with a construction accident lawyer promptly.
Common Defenses — and the “Sole Proximate Cause” Exception
Even under the powerful Scaffold Law, defendants raise defenses. The most significant is the “sole proximate cause” defense (sometimes discussed alongside the “recalcitrant worker” concept). In narrow circumstances, if adequate safety devices were available, the worker was instructed to use them, and the worker chose for no good reason not to, a court may find the worker’s own conduct — not any statutory violation — was the sole cause of the injury. When that applies, it can defeat a § 240(1) claim.
This is a fact-specific defense, and owners and contractors often assert it aggressively. Countering it requires careful investigation into what devices were actually provided, what instructions were truly given, and whether proper protection existed at all. This is one of many reasons experienced representation matters in construction cases.
What to Do After a Construction Accident in NYC
- Get medical care immediately and follow through with all treatment.
- Report the accident to your supervisor or employer as required.
- Document the scene if you safely can — photos of the scaffold, ladder, opening, or equipment involved, and the surrounding area.
- Get names of witnesses and any co-workers who saw what happened.
- Preserve evidence — keep damaged equipment, boots, or clothing if possible, and note the make and condition of any device involved.
- Be careful with statements to insurers or site representatives before you understand your rights.
- Talk to a construction accident lawyer to identify every responsible party and every applicable deadline.
How Redmond Law Firm Helps Injured Construction Workers
Redmond Law Firm, PLLC is a personal injury firm at 206 Livingston St in Downtown Brooklyn, serving injured workers across all five boroughs. We investigate job-site accidents, identify the owners, general contractors, and other parties who may be liable under Labor Law § 240(1), § 241(6), and § 200, and pursue full compensation alongside any workers’ compensation benefits. Consultations are free, in English and Spanish, and we work on a no win, no fee basis — you owe no attorney’s fee unless we recover for you.
If you or a loved one was hurt on a New York City construction site, learn more about our personal injury practice or contact our Brooklyn office to discuss your options.
Frequently Asked Questions
What is the “Scaffold Law” in New York?
The “Scaffold Law” is the common nickname for Labor Law § 240(1). It requires property owners and contractors to provide proper safety devices — like scaffolds, ladders, and hoists — to protect workers from elevation-related hazards. When they fail to do so and a covered worker is injured by a height-related risk, owners and general contractors can face absolute liability, meaning the worker generally does not have to prove ordinary negligence.
Can I sue if I already receive workers’ compensation?
Often, yes. Workers’ compensation is usually your exclusive remedy against your direct employer, but Labor Law § 240(1) and § 241(6) let you bring a separate claim against the property owner and general contractor, who are typically not your employer. That third-party claim can seek damages, such as pain and suffering, that workers’ compensation does not provide. Every case is different, so it is best to have your facts reviewed.
How long do I have to file a construction accident claim in NYC?
Under CPLR 214, a personal injury lawsuit generally must be filed within three years of the accident. If a public entity is involved — such as a city or state agency — you may have to serve a Notice of Claim within 90 days under General Municipal Law § 50-e, with a shorter deadline to sue. There are also separate, earlier deadlines to report and file a workers’ compensation claim.
Does it matter if the accident was partly my fault?
For a Labor Law § 240(1) claim, your own comparative fault is generally not a defense because liability can be absolute. Under Labor Law § 241(6), however, comparative negligence can reduce your recovery. There is also a narrow “sole proximate cause” defense that may apply if adequate safety devices were available, you were told to use them, and you chose not to for no good reason. A lawyer can assess how these rules apply to your situation.
Who can be held responsible for a construction accident?
Under the Labor Law, property owners, general contractors, and their agents can be held responsible for elevation-related and other job-site hazards, even if they did not directly supervise the work. Depending on the facts, other parties — such as construction managers, equipment providers, or subcontractors who are not your employer — may also share responsibility. Identifying every liable party is a key part of building a strong claim.
This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.