New York Labor Law 240: The 'Scaffold Law' That Protects Construction Workers

New York's Labor Law 240, commonly known as the Scaffold Law, is among the most plaintiff-friendly construction injury statutes in the United States. The law imposes absolute (strict) liability on property owners and general contractors when workers suffer injuries caused by gravity-related hazards on construction sites—falls from heights, falling objects, and similar accidents.

What makes the Scaffold Law distinctive is that it cannot be defeated by a comparative negligence argument if the violation is a proximate cause of the injury. Even if a worker contributed to their own fall, the property owner and general contractor remain fully liable as long as the absence of proper safety equipment was a contributing cause.

The law covers a specific set of activities: erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure. Workers engaged in these activities who are injured by a fall from an elevation, or by an object falling on them, can bring a claim under §240.

Workers who are injured in construction site falls or by falling objects in New York should be aware that claims under Labor Law 240 often involve significantly higher damages than standard negligence cases, precisely because comparative fault is not a complete defense.