Legally Reviewed by Jae Lee, Esq. on June 15, 2025
New York Labor Law §240 — commonly called the Scaffold Law — is one of the most powerful protections available to construction workers injured in height-related accidents. If you were hurt in a scaffold collapse, ladder fall, or struck by a falling object on a New York construction site, this law may give you the right to pursue compensation directly from the property owner or general contractor — regardless of your own negligence. At Jae Lee Law, our Bergen County construction accident attorneys handle Labor Law 240 cases for workers injured on New York job sites throughout the metro area.
⚠ Time-Sensitive — New York’s 3-Year Deadline Applies to Labor Law 240 Claims
Injured on a New York construction site? New York’s statute of limitations for personal injury claims is 3 years from the date of the accident. Evidence disappears quickly — contact an attorney promptly.
New York and New Jersey construction accident representation. No fees unless we recover compensation for you. Free initial consultation.
What Is New York Labor Law 240 (The Scaffold Law)?
New York Labor Law §240, enacted to address the alarming number of height-related fatalities on construction sites, places strict liability on property owners and general contractors for gravity-related injuries that occur during construction, demolition, or repair work on buildings and structures. The law requires that owners and contractors provide, or cause to be provided, appropriate safety equipment — including scaffolds, ladders, hoists, slings, hangers, blocks, pulleys, and harnesses — to protect workers from elevation-related hazards.
What makes Labor Law 240 uniquely powerful is its strict liability standard. Unlike ordinary negligence claims where you must prove the defendant was at fault, a Labor Law 240 claim requires only that the owner or contractor failed to provide adequate safety equipment — and that failure caused your injury. The law applies to all property owners and general contractors except owners of one- and two-family dwellings who do not direct or control the work.
Who Is Protected Under Labor Law 240?
Labor Law 240 protects workers engaged in construction, demolition, repair, alteration, painting, cleaning, or pointing of a building or structure. This includes:
Workers’ compensation may also be available for the same injury — and in many cases, both a workers’ comp claim and a Labor Law 240 personal injury lawsuit can be pursued simultaneously. The Labor Law 240 claim can recover compensation that workers’ comp does not cover, including pain and suffering and full lost wages.
Construction Accidents Covered by Labor Law 240
Strict Liability — How Labor Law 240 Is Different From Ordinary Negligence
Most personal injury cases require you to prove that the defendant acted negligently. Labor Law 240 is different. Under the strict liability standard, an injured worker does not need to prove that the owner or general contractor was careless — only that:
Because these cases are aggressively defended by property owners, developers, and their insurers — often with arguments that the worker was the sole proximate cause — retaining an attorney early to preserve evidence and build a strong factual record is critical.
How to Pursue a Labor Law 240 Claim
Compensation Available Under Labor Law 240
| Type of Compensation | What It Covers |
|---|---|
| Medical Expenses | Past and future medical treatment, surgery, rehabilitation, and long-term care. |
| Lost Wages & Earning Capacity | Full lost income during recovery and reduced future earning ability due to permanent injury — unlike workers’ comp, which only covers a portion. |
| Pain & Suffering | Physical pain and emotional distress — not covered by workers’ compensation, but recoverable in a Labor Law 240 claim. |
| Future Care Costs | Ongoing rehabilitation, assistive devices, and long-term care for catastrophic injuries. |
| Wrongful Death | Where a Labor Law 240 accident proves fatal, surviving family members may pursue a wrongful death claim. |
Every case is different and evaluated on its own facts. The categories above describe what may be recoverable, not a promise of any specific amount.
Statute of Limitations for Labor Law 240 Claims in New York
New York’s statute of limitations for personal injury claims — including Labor Law 240 cases — is three years from the date of the accident. For wrongful death claims, surviving family members have two years from the date of death. Do not wait. Evidence on construction sites disappears quickly — scaffolding gets dismantled, equipment gets repaired or replaced, and witnesses move on. Contact Jae Lee Law as soon as possible after a construction site injury to protect your rights and preserve the evidence needed to support your claim.
Frequently Asked Questions — NY Labor Law 240
Does Labor Law 240 apply if I was partly at fault for my own accident?
Generally, yes. The strict liability standard under Labor Law 240 means that even if you contributed to your own accident, you may still be entitled to recover — provided the owner or contractor’s failure to provide adequate safety equipment was a proximate cause of your injury. There is a limited “sole proximate cause” defense that owners and contractors will attempt to assert; our attorneys are experienced in countering it.
I work in New Jersey but was injured on a New York job site. Does Labor Law 240 apply?
Yes. Labor Law 240 applies based on the location of the construction site, not the worker’s state of residence. If the accident occurred on a New York job site, the New York Scaffold Law may apply regardless of where you live or are based.
Can I pursue a Labor Law 240 claim and workers’ compensation at the same time?
Yes. They are separate legal avenues. Workers’ compensation covers medical costs and partial wage replacement; a Labor Law 240 claim can recover full lost wages, pain and suffering, and other damages not covered by workers’ comp. Any workers’ comp benefits received may need to be partially reimbursed if you recover in the civil lawsuit.
What if the general contractor says I was the sole cause of my own fall?
This is the most common defense in Labor Law 240 cases. Owners and contractors frequently argue the worker was the sole proximate cause by ignoring safety equipment, using it improperly, or acting recklessly. These defenses are vigorously contested, and the outcome depends heavily on the facts. Our attorneys investigate and document the equipment, the job site conditions, and the circumstances of the accident to build the strongest response.
Does Jae Lee Law handle Labor Law 240 cases?
Yes. Our firm handles construction accident cases arising from New York job sites, including scaffold falls, ladder accidents, falling object injuries, and other gravity-related construction accidents covered by Labor Law 240. Initial consultations are free and we work on a contingency basis — no fees unless we recover compensation for you.
Injured in a height-related construction accident on a New York job site? Contact Jae Lee Law for a free case review.
Our attorneys handle Labor Law 240 cases for workers injured in scaffold collapses, ladder falls, falling object accidents, and other elevation-related construction injuries across New York and New Jersey.
