Understanding New York’s Scaffold Law: How It Impacts Construction Accident Claims 

New York’s Scaffold Law (Labor Law § 240) is a unique piece of legislation providing special protections for construction workers injured in height-related accidents. This law is designed to hold property owners, contractors, and employers strictly liable for certain construction accidents, particularly those involving falls from scaffolds, ladders, and other elevated surfaces.

Here, our New York City personal injury attorneys in-depth look at how New York’s Scaffold Law works and how it impacts construction accident claims.

What is New York’s Scaffold Law?

The Scaffold Law is a state regulation that requires property owners and contractors to ensure the safety of workers involved in construction, demolition, or repair work at elevated heights. It applies to scaffolding, ladders, hoists, pulleys, and other equipment used for height work.

If an employee falls or is struck by a falling object due to the absence or failure of proper safety equipment, the property owner or general contractor can be held strictly liable for the worker’s injuries.

One of the most critical aspects of the Scaffold Law is that it imposes strict liability on property owners and contractors. This means they can be held responsible for a worker’s injuries, regardless of whether they were directly at fault for the accident. The owner or contractor is liable if the accident occurred because the proper safety precautions were not in place.

Strict liability removes the need for the injured worker to prove negligence, significantly simplifying the process of pursuing compensation. Instead, the focus is on whether the employer complied with safety regulations, not whether the worker’s actions contributed to the accident.

What Types of Accidents Are Covered by the Scaffold Law?

The law applies explicitly to gravity-related hazards, which covers accidents involving falls or objects falling from heights.

Examples of accidents covered by the Scaffold Law include:

• Falls from scaffolding, ladders, or elevated platforms.
• Collapsing scaffolds or other work surfaces.
• Falling tools, materials, or debris striking workers.
• Workers who are injured while hoisting heavy materials without proper safety equipment.

The Scaffold Law applies to construction workers who are involved in the following types of activities:

• Construction: Workers erecting buildings, structures, or other infrastructure.
• Demolition: Workers engaged in tearing down existing structures.
• Repair and Maintenance: Workers perform repairs, renovations, or maintenance at elevated heights.

The law covers employees on construction sites, but it does not apply to homeowners of one- or two-family dwellings who are not directing or controlling the work. In other words, individual homeowners are typically exempt from liability under the Scaffold Law unless they act as contractors or manage the construction project directly.

Contact Our Skilled Personal Injury Lawyer Today

If you have been injured in a scaffolding accident in New York, contact our skilled personal injury law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case. We serve clients throughout New York City, in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and Long Island.

There is never a charge to speak with our skilled New York City injury attorneys. If your case qualifies to move forward, we will handle every aspect from start to finish without charging any upfront or out-of-pocket fees. You will pay nothing for our elite personal injury attorney services unless we win your case. That is a promise.

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.