New York's Scaffold Law Protects Injured Construction Workers
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If you fell from a scaffold, ladder, or elevated platform at a New York construction site, you may be entitled to full compensation under one of the most powerful worker protection laws in the country. New York Labor Law Section 240 — known as the Scaffold Law — imposes absolute liability on property owners and general contractors for gravity-related construction accidents, regardless of any alleged worker negligence.
The Law Office of Jay Meyers represents scaffold and construction fall victims throughout Staten Island, Brooklyn, Queens, Manhattan, the Bronx, and New Jersey. Our team includes four experienced trial lawyers who fight aggressively for maximum compensation.
Recent Result: Our office recovered over $1,000,000 for a client who suffered an ankle injury in a construction site accident. Prior results do not guarantee a similar outcome.
What Is New York Labor Law Section 240?
Enacted in 1885 and strengthened over the years, New York Labor Law Section 240 (the Scaffold Law) holds property owners and general contractors strictly liable for accidents involving:
- Falls from scaffolding, platforms, or elevated work areas
- Falls from ladders — both fixed and portable
- Falls through open holes or unguarded floor openings
- Being struck by falling tools, materials, or equipment
- Collapses of scaffolding or shoring
Unlike ordinary negligence cases, Section 240 creates absolute liability — meaning the property owner and contractor are liable even if you were partially at fault, even if you did not follow safety procedures, and even if you were contributorily negligent.
Labor Law Section 241 — Additional Protection
Section 241(6) provides additional protection for all construction workers, requiring that construction sites comply with specific safety regulations under the New York Industrial Code. Violations of these regulations — including improper scaffolding, inadequate fall protection, and failure to provide proper safety equipment — can create liability even when Section 240 does not apply.
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Workers Compensation vs. Labor Law Claims
Many injured construction workers are told they can only receive workers compensation. This is not accurate. In New York:
- Workers compensation covers medical bills and 2/3 of lost wages — but NOT pain and suffering
- A Labor Law 240/241 lawsuit against the property owner and general contractor can recover full lost wages, pain and suffering, future medical care, and more
These two claims run simultaneously. You can receive workers comp AND pursue a personal injury lawsuit. We handle both.
How We Handle Scaffold Fall Cases
- Immediate investigation — We visit the accident site, photograph conditions, and preserve evidence before it is altered or destroyed
- Witness interviews — We identify and interview coworkers and bystanders while memories are fresh
- Document gathering — We subpoena safety plans, inspection records, contracts, and OSHA records
- Expert retention — We engage accident reconstruction experts, safety engineers, and medical specialists at our expense
- Aggressive negotiation or trial — We pursue maximum compensation and are fully prepared to try your case before a jury
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Related Practice Areas
- All Personal Injury Cases — Vehicle accidents, slip and fall, dog bites, and more.
- Uninsured Driver Accidents — Another common personal injury case we handle.
- Our Case Results — Over $1,000,000 recovered in a recent construction accident.
Scaffold Fall FAQ
What is New York Labor Law Section 240 — the Scaffold Law?
New York Labor Law Section 240 imposes absolute liability on property owners and general contractors for gravity-related construction accidents — scaffold falls, ladder falls, falling objects — regardless of any alleged worker negligence. This means even if you made a mistake, the property owner and contractor can still be held fully liable.
What if my employer says I am covered by workers compensation only?
Workers compensation covers your medical bills and lost wages, but it is not your only remedy in New York. If a third party — the property owner, general contractor, or equipment manufacturer — is liable under Labor Law 240 or 241, you can pursue a separate personal injury lawsuit for pain and suffering, which workers comp does not cover. These two claims can run simultaneously.
How much is a scaffold fall case worth in New York?
Scaffold fall cases are among the highest-value personal injury claims in New York due to the absolute liability standard and typically serious injuries involved. Our office has obtained over $1,000,000 for scaffold and construction accident clients. The value depends on severity of injury, lost earning capacity, and medical expenses.
Who can be held liable for a scaffold fall in New York?
Under Labor Law 240, the property owner and general contractor are primarily liable. Subcontractors, equipment manufacturers, and other parties may also bear liability. We investigate all parties thoroughly to identify every source of compensation.
How quickly should I call a lawyer after a scaffold accident?
Immediately. Construction sites change rapidly — scaffolding gets repaired or removed, witnesses move on, and surveillance footage gets overwritten. The sooner we can preserve evidence, the stronger your case. Our attorneys are available for emergency consultations.