If you work construction in New York and you have been hurt falling from a scaffold, ladder, or elevated surface — or if you were struck by a falling object — you need to understand one law before anything else. Labor Law §240 is unlike any other personal injury statute in New York. It is more powerful. And it exists specifically to protect you.
What Is Labor Law §240?
New York Labor Law §240, commonly called the Scaffold Law, was enacted in 1885 and has been strengthened repeatedly since. It reads in relevant part:
"All contractors and owners and their agents...in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed."
The key word is shall. This is not a standard of reasonable care. It is an absolute obligation. Property owners and general contractors must provide proper protection. When they fail and a worker is injured, they are absolutely liable — meaning the worker's own negligence does not reduce or eliminate their liability.
Absolute Liability: What It Actually Means
In ordinary personal injury law, comparative negligence applies. If you were 30% at fault for your accident, your recovery is reduced by 30%. Under §240, this calculus does not apply to the owner and contractor's core liability for elevation-related accidents.
Courts have repeatedly held that even if the worker made a mistake — chose the wrong ladder, failed to wear a harness, was not following safety instructions — the owner and GC remain absolutely liable for failing to provide adequate protection in the first place. The burden shifts entirely to the defendants.
✅ Your Employer Cannot Waive Your §240 Rights
Your direct employer — the subcontractor who hired you — cannot make you sign away your Labor Law §240 rights. These rights run against the property owner and general contractor, not your employer. No employment agreement or workers' compensation settlement waives your right to sue under §240.
What Types of Accidents Does §240 Cover?
Section 240 covers two categories of accidents: falls from elevation and injuries from falling objects. Both require a "gravity-related" nexus to the work being performed.
Falls From Elevation
If you fell from any of the following and were injured, §240 likely applies:
- Scaffolding, including baker's scaffolds and swinging stage scaffolds
- Ladders — A-frame, extension, step ladders
- Roofs and roof edges
- Elevated platforms and work surfaces
- Trenches and excavations (in some circumstances)
- Floor openings and unguarded edges
- Hoists and lifts
Falling Objects
If you were struck by a falling tool, material, or piece of equipment, §240 applies if the object was being hoisted or secured, or required securing for the purposes of the undertaking but was not adequately secured. Courts have found §240 liability for:
- Steel beams, pipes, and structural members
- Tools dropped from upper floors
- Unsecured construction materials
- Crane loads and rigging failures
- Debris from demolition work above the worker's level
⚠️ Not Every Fall Triggers §240
Falls that occur on the same level — slipping on a wet floor, tripping over debris — are generally not covered by §240. They may be covered by Labor Law §241(6) or §200 instead. The key is that the accident must involve the "special hazards" of gravity that §240 was designed to address. An attorney evaluates which statute applies to your specific facts.
Who Is Protected by §240?
Section 240 covers workers — including:
- Union and non-union construction workers
- Workers employed by subcontractors, not directly by the owner or GC
- Day laborers and undocumented workers (immigration status is irrelevant)
- Workers on alteration, renovation, and repair projects — not just new construction
- In some cases, workers doing maintenance on an existing structure
It does not protect homeowners who are doing work on their own one or two-family residence and who did not direct or control the work. It also generally does not cover building occupants who are not performing the covered work.
Who Can Be Sued Under §240?
Liability under §240 runs against:
- Property owners — the person or entity that owns the land and building where the work is being done, even if they had no supervisory role whatsoever
- General contractors — the prime contractor responsible for coordinating the work
- Their agents — in limited circumstances, a construction manager or agent with significant control
Notably, your direct employer — the subcontractor — is generally shielded from §240 claims by the Workers' Compensation Law. But the owner and GC are liable. This is why §240 cases are valuable: the parties being sued typically have substantial insurance and assets.
Workers' Comp and a §240 Lawsuit: You Can Have Both
Many construction workers believe that accepting workers' compensation benefits from their employer means they cannot sue anyone else. This is incorrect. Workers' compensation covers your direct employer's liability. Your §240 lawsuit is against the property owner and general contractor — entirely different parties with different insurance. You can collect both simultaneously.
💡 How the Two Claims Work Together
Your workers' comp carrier may assert a lien against your §240 recovery — meaning they recoup some of what they paid you from your lawsuit proceeds. But even after satisfying any lien, §240 recoveries almost always exceed what workers' comp alone would provide. An experienced attorney structures both claims to maximize your total recovery.
What Is a §240 Case Worth?
Construction accident cases under Labor Law §240 are among the highest-value personal injury matters in New York. Because liability is clear and often cannot be disputed, the fight is over damages — and those can be substantial. Compensation includes:
- All medical bills, including future medical costs
- Lost wages — past and future
- Loss of earning capacity if you cannot return to your trade
- Pain and suffering
- Loss of consortium (your spouse's claim for loss of companionship)
- Potential punitive damages in egregious cases
Spinal injuries, traumatic brain injuries, and orthopedic injuries requiring surgery routinely result in seven-figure settlements in New York §240 cases. The absolute liability standard eliminates the largest variable in most personal injury cases — whether the defendant is actually liable — leaving only the damages calculation to resolve.
The 90-Day Rule for Government Properties
If your accident occurred on property owned by the City of New York, NYCHA, the MTA, the Port Authority, or any other government entity, you must file a Notice of Claim within 90 days of the accident before any lawsuit can proceed. This deadline is absolute — there are virtually no exceptions and courts will not forgive a missed Notice of Claim. Call an attorney the same day as your accident if a government site may be involved.
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