Understanding New York’s Unique Scaffolding Law 240: How It Protects Construction Workers

Understanding New York’s Unique Scaffolding Law 240: How It Protects Construction Workers

Each year, construction workers in New York face significant risks on the job. Falls from heights and falling objects are leading causes of serious injuries and fatalities in the construction industry. Fortunately, New York has a unique law in place to protect these workers: Labor Law Section 240, also known as the “Scaffolding Law.” This law, enacted in 1885, provides exceptional protection to construction workers by imposing what is often referred to as “absolute liability” on property owners and contractors when a worker is injured due to a gravity-related accident.

What is New York Labor Law 240?

New York Labor Law 240 requires contractors, owners, and their agents to provide workers with safety equipment like scaffolding, ladders, hoists, and ropes when performing construction work at heights. The law applies to various activities, including:

  • Building erection
  • Alterations and repairs
  • Painting and cleaning
  • Demolition
  • Pointing

The law states that “all contractors and owners and their agents… shall furnish or erect… 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.” This means that those who own or oversee a construction project must provide and place proper equipment and devices so that the workers may do the job safely.

Who is Protected Under Labor Law 240?

The Scaffolding Law protects workers involved in elevation-related construction tasks, including:

  • Carpenters
  • Electricians
  • HVAC technicians
  • Ironworkers
  • Laborers
  • Painters
  • Roofers

Coverage is not limited to traditional scaffolding tasks; any worker injured due to a height-related hazard while performing a covered activity may have a valid Labor Law 240 claim.

However, the law does not apply to:

  • Architects or engineers acting solely in a planning role
  • Owners of one- or two-family homes who do not supervise the work
  • Workers engaged in routine maintenance

How Does Labor Law 240 Protect Construction Workers?

The primary goal of New York’s Scaffolding Law is to provide worker safety by requiring strict adherence to safety standards. Protections offered by the law include:

  • Strict liability: Employers and property owners cannot escape responsibility by arguing that the worker was partially at fault. If a violation of the law contributed to the injury, liability falls on the responsible parties.
  • Mandated safety equipment: Employers must provide proper equipment such as harnesses, guardrails, and safety nets to prevent falls from scaffolding or a height.

“Absolute Liability” Explained

While the term “absolute liability” isn’t explicitly in the law, courts have interpreted it to mean that once a plaintiff establishes Labor Law 240 liability, fault is attributed to the proper defendants (owner and/or general contractor). In typical negligence cases, fault can be shared among multiple parties. However, in Labor Law 240 cases, defendants are 100% responsible for the plaintiff’s damages once a violation is proven and that violation was a proximate cause of the injuries.

What are the Responsibilities of a Contractor or Owner?

According to Labor Law 240, contractors and owners have a responsibility to:

  • Provide a safe worksite for construction workers and visitors
  • Ensure workers have the proper equipment for the necessary tasks
  • Ensure workers have the required safety equipment, such as harnesses, lifelines, or guardrails

Common Violations of Labor Law 240

Several common violations of Labor Law 240 can lead to construction site accidents. These include:

  • Failure to provide adequate fall protection, such as safety harnesses, guardrails, and safety nets
  • Using defective or poorly maintained scaffolding, ladders, or other elevated work platforms
  • Lack of proper training on how to use safety equipment correctly
  • Failure to inspect equipment regularly to ensure it is in safe working condition

What Types of Accidents are Covered?

Labor Law 240 covers specific types of construction work, including:

  • Altering
  • Building erection
  • Cleaning
  • Demolition work
  • Painting
  • Repairing
  • Erection of safety measures including blocks, braces, hoists, ladders, pulleys, or related types of equipment

The law applies when a worker suffers injuries in a fall or is hit by a falling object. These protections are often referred to as applying to gravity-related accidents.

Compensation Available Under Labor Law 240

The Scaffolding Law gives workers the chance to seek compensation for losses suffered in construction site accidents. This compensation can cover expenses as you recover and ensure the liable party is held accountable for their failure to provide appropriate safety equipment and protection.

Damages you may be able to recover include:

  • Medical bills and related care costs (current and future)
  • Lost income (current and future)
  • Diminished earning capacity
  • Related expenses with receipts
  • Pain and suffering damages

Defenses to Labor Law 240 Claims

While Labor Law 240 imposes strict liability, there are defenses that defendants may raise. One common defense is the “recalcitrant worker” defense. This defense applies when a worker refuses to use available, safe, and appropriate safety equipment. To establish this defense, the defendant must show that the worker was specifically instructed to use the safety equipment and refused to do so.

Another defense is the “sole proximate cause” defense. This defense argues that the worker’s own actions were the sole cause of the accident, not a violation of Labor Law 240.

The Impact of Labor Law 240

Labor Law 240 has significantly impacted construction safety in New York. By holding owners and contractors strictly liable for elevation-related hazards, the law creates a powerful incentive to invest in safety. It has driven higher safety standards and reduced workplace injuries in New York’s construction industry.

However, the law has also faced criticism. Some argue that it drives up construction costs and insurance rates, making it more difficult for contractors to do business in New York. Despite these criticisms, Labor Law 240 remains a vital protection for construction workers in New York State.

Recent Trends in Construction Accidents

While Labor Law 240 aims to protect workers, construction accidents still occur. According to the NYC Department of Buildings (DOB), construction-related injuries fell 30% in 2024, and incidents dropped 24%, marking a 10-year low. However, fatalities remain a concern. In 2023, New York City accounted for 30 construction worker deaths.

Navigating a Labor Law 240 Claim

If you’ve been injured in a construction accident involving a fall from a height or a falling object, it’s crucial to take the following steps:

  1. Report the incident: Notify your employer or site supervisor as soon as possible to ensure an official record of your construction accident.
  2. Gather evidence: Take photos of the accident scene, your injuries, and any safety equipment (or lack thereof).
  3. Consult an experienced attorney: A New York construction accident lawyer can help you navigate the complexities of a Scaffold Law claim and fight for the compensation you rightfully deserve.

Conclusion

New York’s Scaffolding Law is a powerful tool for protecting construction workers from the dangers of working at heights. By understanding your rights and the responsibilities of property owners and contractors, you can help ensure a safer working environment and seek the compensation you deserve if an accident occurs.