New York Labor Law § 240, often called the "Scaffold Law," holds property owners and contractors strictly liable when construction workers are injured in elevation-related accidents.
Unlike most personal injury claims, where you have to prove the owner or contractor was careless, a violation of § 240 creates liability regardless of fault, as long as a required safety device was missing, defective, or improperly placed and that failure caused the injury.
This protection applies to workers on construction, repair, painting, demolition, and alteration projects across New York State, and the full statutory text is published on the New York State Legislature's official § 240 page.
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What Does "Strictly Liable" Actually Mean for Injured Workers?
Under New York's interpretation of the statute, once a worker proves that (1) a required safety device was absent or inadequate, and (2) that failure was a cause of an elevation-related injury, the owner or contractor is liable. Full stop.
This is what courts and legal scholars mean when they describe § 240 as imposing "absolute" or "strict" liability.
The strict liability standard exists because the New York Legislature made a deliberate policy choice: construction work is dangerous, the people who own and control job sites profit from that work, and the burden of ensuring basic elevation safety belongs squarely on them.
A 2025 Senate bill, S07388, would go further by explicitly directing courts to construe the Labor Law liberally in favor of workers and narrowly against exemptions, reinforcing what most courts already do.
What Kinds of Accidents Does Labor Law 240 Cover?
Labor Law § 240 covers injuries caused by what courts call "elevation-related risks," situations where gravity is the operative force that caused the harm.The statute itself lists the safety devices that must be provided: scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and similar equipment. When those devices are absent or fail, and a worker is hurt as a result, § 240 applies.
In practical terms, this typically looks like one of two scenarios:
Falls from height
A worker falls from a scaffold, ladder, roof, or elevated platform because guardrails were missing, the scaffold was improperly assembled, or the ladder gave way. Under § 240(2), scaffolding more than 20 feet high must have safety rails at least 34 inches tall running the full length and ends of the structure. Under §240(3), all scaffolding must be built to support at least four times the maximum weight it will bear. Violations of either subdivision are direct evidence of a § 240 claim.
Falling objects
A worker is struck by a beam, tool, or piece of construction material that fell because it was not adequately secured by hoists, ropes, or another anchoring device.
What § 240 does not cover is just as important. A worker who trips on debris at ground level, injures their back lifting a heavy object, or is hurt by a co-worker is not in § 240 territory. Those injuries may still support a claim under Labor Law § 200 (the general workplace safety provision) or § 241 (which governs specific construction and excavation safety rules), but the strict liability standard of § 240 applies only when the injury flows directly from a gravity-related, elevation-related risk.
Who Is Covered Under Labor Law 240?
Labor Law § 240(1) covers workers engaged in the "erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure."
Courts have interpreted this list broadly. It includes traditional construction trades as well as workers doing exterior painting, facade repair, window cleaning on scaffolds, and similar tasks on permanent structures.
The key phrase is "building or structure." Courts have generally required that the work be performed on something that qualifies: a building, a bridge, a permanent elevated structure. Work on vehicles, floating vessels, or temporary installations has sometimes fallen outside the statute's reach.
Subcontractor employees are covered. Because § 240 targets owners and contractors rather than employers specifically, a worker employed by a subcontractor, which is the norm on large commercial construction projects, can still bring a § 240 claim against the property owner and the general contractor.
Who can be sued under Labor Law 240?
The statute imposes liability on "all contractors and owners and their agents." In practice, that typically means:
- The property owner (commercial or institutional)
- The general contractor overseeing the project
- Their agents, meaning individuals or entities with authority to supervise and control the work
There is a significant exception for homeowners. Owners of one- and two-family dwellings who contract for but do not direct or control the work are exempt from § 240 liability under the statute's express homeowner exception.
A typical homeowner who hires a licensed contractor to re-roof their house and stays out of the way is not exposed to a § 240 claim. If that same homeowner actively supervises the work or directs how it is done, courts may find the exception does not apply.
How Is Labor Law 240 Different from Workers' Compensation?
This is a question that comes up constantly, and the answer matters enormously to injured construction workers.
Workers' compensation is a no-fault system that covers most employees injured on the job. An injured worker receives medical benefits and partial wage replacement without having to prove anyone was at fault. In exchange, workers' compensation is generally the only remedy against the employer.
New York law prohibits workers from suing their own employer in court for negligence, even if the employer was clearly responsible for the injury.
Labor Law § 240 is an entirely separate cause of action, and it runs against the property owner and general contractor, not the employer.
That distinction is critical. A worker employed by a subcontractor who falls from an unsafe scaffold can receive workers' compensation benefits from their employer's insurer and simultaneously pursue a § 240 claim against the property owner and general contractor.
The practical difference in outcome can be substantial. Workers' compensation covers medical expenses and a portion of lost wages, but not pain and suffering, full lost earning capacity, or the long-term impact of a disabling injury.
A successful § 240 claim allows recovery for all of those damages. The workers' compensation carrier will typically assert a lien against any § 240 recovery to recoup the benefits it paid out, but even after satisfying that lien, the total compensation available through a § 240 lawsuit is often far greater than what workers' compensation alone would provide.
What Happens if a Property Owner Says the Worker Was at Fault?
If a scaffold collapses because it was improperly built, it does not matter that the worker may have been standing in the wrong spot or failed to follow some internal site protocol. The owner and contractor's liability is not reduced by the worker's share of fault.
The real defense is the "sole proximate cause" argument: that the worker's own conduct was the only cause of the accident. Courts look at whether compliant safety devices were actually available and accessible, whether the worker was instructed to use them, and whether the decision not to use them was the worker's own without any influence from site supervisors.
Proving sole proximate cause is a high bar. Owners and contractors cannot establish this defense simply by showing that a safety harness was somewhere on the job site.
They need to show it was available, accessible, and that using it was the correct and expected choice given how the work was being done.
How Long Do You Have to File a Labor Law 240 Claim?
Under New York Civil Practice Law and Rules § 214, the statute of limitations for a Labor Law § 240 claim is three years from the date of the accident. Missing this deadline is fatal to a claim, and courts strictly enforce it.
There is one important exception for claims against a government entity. If your injury occurred on a publicly owned construction site, such as a state highway project, a municipal building, or a public school under renovation, you must file a Notice of Claim within 90 days of the accident before you can pursue a lawsuit.
Missing the Notice of Claim deadline is an entirely separate problem from missing the statute of limitations, and it can destroy an otherwise valid case.
Need Help With Labor Law 240 Injuries in New York?
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Frequently Asked Questions About New York Labor Law 240
Does Labor Law 240 only apply to scaffold accidents?
No. While the statute is nicknamed the "Scaffold Law," it covers all elevation-related injuries caused by failures in required safety devices, including ladders, hoists, ropes, braces, and other equipment listed in New York Labor Law § 240(1). It also covers workers struck by falling objects that should have been secured with those devices.
Can I bring a Labor Law 240 claim if I was also receiving workers' compensation?
Yes. Workers' compensation and a § 240 claim are separate legal remedies that run against different parties. Workers' compensation is a claim against your employer's insurer. A § 240 claim is against the property owner and general contractor. You can pursue both simultaneously. Be aware that your employer's workers' compensation carrier will likely assert a lien against any recovery from a § 240 lawsuit to recoup the benefits it paid, but the two claims do not cancel each other out.
What if my employer told me not to worry about the safety equipment?
This is a fact pattern that courts take seriously. If a supervisor instructed you to proceed with work despite missing or inadequate safety devices, or pressured you not to use available equipment because it would slow down the job, that undermines the "sole proximate cause" defense that owners and contractors often raise. Document everything you can recall about the instructions you received and who gave them.
Does Labor Law 240 apply if I was working at a private residence?
It depends. Under the statute's one- and two-family dwelling exception, homeowners who hire contractors but do not direct or control the work are exempt from § 240 liability. If you were working on a large residential development, a commercial building, a multi-family housing complex, or even a private residence where the homeowner was actively supervising the job, the exemption may not apply..
How much time do I have to file a claim under Labor Law 240 in New York?
The statute of limitations under CPLR § 214 is three years from the date of the accident. If the injury occurred on government-owned property, you also need to file a Notice of Claim within 90 days. Missing either deadline can eliminate your right to recover, regardless of how strong your underlying case would have been.
Can I sue if I was working as an independent contractor, not an employee?
Potentially yes. Labor Law § 240 does not depend on whether you were classified as an employee or independent contractor. The relevant question is whether you were performing one of the covered activities under § 240(1) and whether the injury resulted from an elevation-related risk due to the absence or failure of a required safety device.
What should I do immediately after a construction accident in New York?
Seek medical attention first. After that, preserve everything you can: photographs of the scene, the names and contact information of witnesses, any incident reports filed on the day of the accident, and records of the equipment or lack of equipment at issue. Do not give a recorded statement to an insurance adjuster without speaking to an attorney. Job sites change quickly once work resumes, and early evidence is often the most valuable.
Does it matter that the construction project is in New York City versus another part of the state?
Labor Law § 240 is a statewide statute that applies equally across New York. That said, construction projects in New York City often involve additional regulatory requirements from the NYC Department of Buildings, and violations of those regulations may be relevant to § 241 claims. The § 240 analysis itself does not differ based on which county the accident occurred in.
Summing It Up
New York Labor Law § 240 is a genuinely powerful legal tool for construction workers injured in falls or by falling objects. Its strict liability standard shifts the burden of proof in a way that most personal injury laws simply do not.
That does not mean every claim succeeds automatically. Facts still matter, If you have questions about a construction accident in New York, the attorneys at Porter Law Group are available to evaluate your case. Prior results do not guarantee similar outcomes.
This article is intended for general informational purposes and does not constitute legal advice. Laws and interpretations change, and the facts of individual cases vary. Consult a qualified New York personal injury attorney to discuss the specific circumstances of your situation.
Authored by Michael Porter, J.D., and Eric Nordby, J.D., co-founders of Porter Law Group, licensed to practice in New York State.
