New York City has one of the highest construction fatality rates in the country, and falls remain the single most common way workers get seriously hurt on a job site. What most injured workers don’t realize is that New York has a law specifically built for this exact scenario — one that’s stronger than ordinary negligence law and, in most cases, stronger than what workers’ comp alone provides.
At The Rybak Firm, PLLC, construction accident cases are one of the areas we handle most often, precisely because this corner of New York law rewards knowing exactly how it works. As a construction accident lawyer nyc workers turn to after a fall, and as a construction accident attorney new york subcontractors trust just as often as direct employees, here’s how the protection actually works.
What Is Labor Law § 240 – The “Scaffold Law”?
New York Labor Law § 240, commonly called the Scaffold Law, dates back to 1885 and imposes what’s known as absolute liability on property owners and general contractors for gravity-related construction injuries — falls from a height, or being struck by a falling object, where the necessary safety equipment wasn’t provided or failed.
“Absolute liability” is a significant legal advantage for injured workers. Unlike an ordinary negligence claim, you generally don’t need to prove the owner or contractor was careless in some broader sense. You need to show that you were engaged in covered work, that a gravity-related hazard caused the injury, and that adequate safety devices — scaffolding, guardrails, harnesses, hoists, ladders in proper condition – were not provided or did not function as required.
The law applies to work on a structure, broadly defined to include buildings, bridges, and similar construction, and covers activities like construction, demolition, repair, painting, and cleaning. It generally does not extend to pedestrians or motorists injured by something falling from a site, and it doesn’t cover injuries caused purely by a coworker’s carelessness with no elevation-related hazard involved.
Labor Law § 240 vs. Labor Law § 241 vs. Labor Law § 200
These three statutes get confused constantly, and the differences matter for how a claim gets built:
| Statute | What It Covers | Standard of Proof |
| Labor Law § 240 (“Scaffold Law”) | Gravity-related falls and falling objects | Absolute liability — no need to prove general negligence |
| Labor Law § 241(6) | Violations of specific NY Industrial Code safety regulations at construction sites | Contractor/owner liable regardless of direct control, if a specific code section was violated |
| Labor Law § 200 | General workplace negligence at a construction site | Requires showing the defendant had notice of the hazard and control over the work |
A serious construction accident often involves overlapping claims under more than one of these statutes, which is one reason a construction accident lawyer nyc typically evaluates a case under all three before deciding how to proceed.
Labor Law § 240 vs. Workers’ Compensation: You Can Often Pursue Both
This is the single most common point of confusion we hear from injured workers, and it’s worth being direct about it.
Workers’ compensation is a no-fault system: it pays medical expenses and a portion of lost wages regardless of who caused the accident, but it generally does not compensate for pain and suffering, and it’s typically your exclusive remedy against your own direct employer.
A Labor Law § 240 claim is a separate lawsuit against the property owner and general contractor — parties who are often distinct from your direct employer. Because it’s a third-party claim, it can include compensation for pain and suffering, disfigurement, and the full scope of your damages, on top of whatever workers’ compensation already provided.
In most situations, receiving workers’ compensation benefits does not prevent you from also pursuing a Labor Law § 240 claim against the owner or general contractor. Many injured workers mistakenly believe they have to choose one path, when in reality both often apply at the same time — which is exactly why it’s worth having a workers compensation lawyer nyc and a construction accident attorney working the case together, not separately.
Where the 2026 Legal Landscape Stands
New York’s 2026 state budget brought significant tort-reform changes to motor vehicle litigation, including a new modified comparative fault rule under CPLR § 1411(b). During that legislative debate, changes to Labor Law § 240’s absolute liability standard were also discussed in Albany.
Those changes to § 240 were not included in the final enacted legislation. Construction accident claims, along with slip-and-fall, premises liability, and most other personal injury cases, remain governed by New York’s traditional pure comparative negligence rule under CPLR § 1411(a) — meaning a worker’s own partial fault reduces a recovery but does not eliminate it entirely, unlike the new 51%-fault bar that now applies specifically to car accident claims. For now, § 240’s core protection for injured construction workers remains intact.
Common Scenarios We See Across NYC Job Sites
The NY Scaffold Law covers a wider range of incidents than most workers expect. A scaffolding accident lawyer nyc typically sees the same patterns repeat across job sites citywide:
- Scaffold and platform collapses, often involving improperly secured or overloaded scaffolding
- Ladder failures, where a ladder shifts, is defective, or isn’t properly secured — a frequent basis for a ladder accident lawyer nyc case
- Falling objects, such as tools, debris, or building materials dropped from height without adequate netting or protection
- Crane-related incidents, including load drops and rigging failures, which often involve both Labor Law § 240 and separate OSHA violations
- Elevator shaft and floor-opening falls, where required guardrails or covers were missing
Two Illustrative Examples
The following scenarios are hypothetical and intended only to illustrate how Labor Law § 240 claims typically work. They do not describe any actual client or case, and they are not a prediction of what any particular claim is worth. Every case depends on its specific facts, injuries, and evidence.
Scenario A — Scaffold fall, Downtown Brooklyn high-rise. A worker falls roughly 15 feet when a scaffold plank shifts because it wasn’t properly secured. The worker suffers a fractured vertebra requiring surgery. Because the incident involves an elevation-related hazard and inadequate safety equipment, a Labor Law § 240 claim against the building owner and general contractor would typically be pursued alongside the worker’s separate workers’ compensation claim. A settlement for an injury of this severity might commonly fall in the range of several hundred thousand to over a million dollars, though the actual value depends heavily on the extent of the injury, lost earning capacity, and liability evidence. These figures are illustrative only.
Scenario B — Falling tool, Queens renovation site. A worker on a lower floor is struck by a wrench dropped from scaffolding above, where no netting or toe boards were in place. Even though the injured worker wasn’t the one who fell, the falling-object provision of Labor Law § 240 can still apply, since the injury resulted from the absence of a required safety device to prevent objects from falling. Outcomes in falling-object cases vary widely depending on the injury’s severity and are not predictable from this example alone.
What To Do After a Construction Site Fall or Injury
- Report the accident immediately to a supervisor and request that an incident report be filed — this creates a contemporaneous record most claims eventually depend on.
- Get medical treatment right away, even if the injury seems minor at first; some elevation-related injuries, particularly to the spine, don’t present their full severity immediately.
- Photograph the scene before conditions change — the scaffold, ladder, safety equipment (or lack of it), and general site conditions.
- File for workers’ compensation through your employer, while separately consulting an attorney about a potential third-party Labor Law § 240 claim against the property owner or general contractor.
- Speak with a construction accident lawyer brooklyn or elsewhere in NYC promptly, since site conditions, equipment, and witness availability can change quickly once work resumes. A fall from height lawyer nyc will also know how to evaluate a labor law 240 new york claim alongside your workers’ compensation case, not instead of it.
This article provides general information about New York law as of publication and is not legal advice. Construction accident claims involve overlapping statutes and deadlines that vary by case. Nothing here creates an attorney-client relationship. For guidance on your specific situation, speak directly with a licensed New York attorney.
Reviewed by Michael Kroopnick, Esq., The Rybak Firm, PLLC.
Talk to a Brooklyn Construction Accident Lawyer Serving All Five Boroughs
Construction accident cases move on tight timelines — site conditions change, equipment gets repaired or removed, and witnesses scatter once work resumes. If you were hurt in a fall, scaffold collapse, or falling-object accident anywhere in Brooklyn, Queens, the Bronx, or Manhattan, the attorneys at The Rybak Firm, PLLC can start investigating your Labor Law § 240 claim right away.
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Frequently Asked Questions
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Does Labor Law § 240 apply if I was partly at fault for my own fall?
Generally, yes, your claim can still proceed. New York courts have held that comparative fault is not a complete defense to a Labor Law § 240 claim, meaning your own conduct typically doesn't bar recovery, though the specific facts can still affect case strategy.
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What's the difference between Labor Law § 240 and workers' compensation?
Workers' compensation is a no-fault benefit from your employer covering medical costs and partial lost wages, with no pain-and-suffering compensation. A Labor Law § 240 claim is a separate lawsuit against the property owner or general contractor that can include pain and suffering and other damages. In most situations, you can pursue both at the same time.
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Who can be held liable under Labor Law § 240?
Typically the property owner and the general contractor overseeing the work, and in some cases other parties with control over the site. Liability under § 240 generally doesn't depend on proving they had actual notice of the specific hazard, which is what makes this statute stronger than an ordinary negligence claim.
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I was a subcontractor, not a direct employee - does Labor Law § 240 still protect me?
Generally, yes. The statute's protections extend to most workers performing covered construction, demolition, repair, painting, or cleaning work at a site, including many subcontracted and temporary workers, not just direct employees of the general contractor.
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Did the 2026 legal reforms in New York change Labor Law § 240?
No. Proposed changes to § 240 were discussed as part of the broader 2026 tort-reform debate in Albany, but they were not included in the enacted legislation. The law's absolute liability standard for construction workers remains in effect as it has for decades.
Oleg Rybak
Personal Injury Attorney, Brooklyn, New York | Founder of The Rybak Firm, PLLC