TL;DR: New York Labor Law § 240(1) — the "Scaffold Law" — makes property owners and general contractors absolutely liable when a worker is injured in a gravity-related accident (a fall from a ladder, scaffold, or roof, or being struck by a falling object) without proper safety equipment. Unlike ordinary negligence cases, your own carelessness is not a defense the owner can use to reduce your recovery. You can collect workers' compensation AND sue the owner/GC at the same time. These are consistently among the highest-value injury cases in New York. Undocumented workers have the same rights.
Key takeaways
- Labor Law § 240(1) = absolute liability against owners and GCs for gravity-related falls and falling-object injuries.
- Your own carelessness is not a defense — and the case can succeed even if you didn't follow a safety rule, so long as proper protection wasn't provided.
- You can collect workers' comp AND sue the property owner/general contractor at the same time. Comp doesn't bar the lawsuit.
- Undocumented workers have the same rights under Labor Law as documented workers.
- § 240 covers ladders, scaffolds, hoists, harnesses, falling tools, and falling materials.
- § 241(6) covers other construction-site violations of the Industrial Code (debris, ventilation, lighting, slipping).
- These are consistently among the highest-value personal injury cases tried in New York.
No state protects injured construction workers like New York. If you fell from a height or were hit by a falling object on a job site, you likely have rights that go far beyond workers' compensation — rights most injured workers never learn about.
What is New York's Scaffold Law (Labor Law 240)?
Labor Law § 240(1) requires property owners and general contractors to provide proper safety devices — scaffolds, ladders, hoists, harnesses, ropes, braces — to workers exposed to elevation-related risks during construction, demolition, repair, alteration, painting, or cleaning of a building. When a required safety device is absent or fails and a worker is injured by gravity (falling, or being struck by a falling object), the owner and general contractor are liable as a matter of law. New York is the only state with a law this protective.
Why Scaffold Law cases are New York's most valuable injury claims
Three structural reasons:
- Absolute liability. Comparative negligence is not a defense to a § 240(1) claim. Standing on the wrong rung, misjudging a step, or working quickly does not reduce your recovery. The only complete defenses are narrow: that the worker was the sole cause of the accident or refused available safety equipment — defenses New York courts rarely accept.
- Liability is often decided before trial. Because the statute imposes liability automatically once its elements are met, courts frequently grant injured workers summary judgment on liability, leaving only the amount of damages to be determined.
- Commercial insurance. Construction projects carry large commercial liability policies and umbrella coverage — there is usually real money behind the claim.
Falls from height also tend to produce serious injuries — spinal fractures, herniations requiring fusion, head trauma — which compounds value. Reported New York settlements for scaffold falls with surgery routinely reach seven figures.
"But I got workers' comp" — you can still sue
This is the single biggest misconception among injured workers. Workers' compensation bars you from suing your direct employer — but it does not bar a lawsuit against the property owner, general contractor, or other subcontractors. These are separate cases that proceed simultaneously: comp pays medical bills and partial wages now; the third-party lawsuit recovers full lost wages and pain and suffering.
Who and what is covered
| Question | Answer |
|---|---|
| Covered workers | Employees of contractors/subcontractors performing covered work (union or non-union) |
| Covered activities | Construction, demolition, repair, alteration, painting, cleaning, pointing of a building or structure |
| Covered accidents | Falls from ladders, scaffolds, roofs, floors-through-openings; struck by falling tools/materials/loads |
| Who is liable | Property owner + general contractor (regardless of who employed you) |
| Key exemption | Owners of 1–2 family homes who don't direct the work |
| Immigration status | Irrelevant — undocumented workers fully protected (Balbuena v. IDR Realty, NY Court of Appeals) |
Other claims that ride alongside: Labor Law 241(6) and 200
- § 241(6) covers construction-site injuries caused by violations of New York's Industrial Code — defective equipment, tripping hazards, electrical hazards — even without a fall from height.
- § 200 is the general duty to provide a safe workplace. Experienced attorneys plead all three; § 240(1) is simply the most powerful where it applies.
What to do after a construction accident in New York
- Report the accident to your foreman/employer immediately and make sure an accident report is created (you have 30 days to give written notice for workers' comp).
- Get to the ER and tell them exactly how the accident happened — "fell from scaffold at work" in the medical record is powerful evidence.
- Photograph the scene — the ladder, scaffold, missing guardrail, or the object that fell — before the site changes. Sites are cleaned up fast.
- Get co-worker names. Witnesses scatter as jobs end.
- Do not give a recorded statement to any insurance investigator before speaking with a lawyer.
- Act fast on deadlines: 3 years for the lawsuit (CPLR 214), but only 90 days to file a notice of claim if a public entity (NYC, the School Construction Authority, NYCHA, a public hospital project) owns the site.
Injured on a job site? Find out in 3 minutes if you have a Scaffold Law case — free and confidential →
Three minutes. Confidential. No fee unless your attorney wins.
Start free intake →Frequently asked questions
What are my rights after a construction site accident in New York?
You can claim workers' compensation from your employer AND simultaneously sue the property owner and general contractor under Labor Law §§ 240(1), 241(6), and 200. If your accident involved a fall from height or a falling object, the owner and GC may be absolutely liable.
I fell off a ladder at work — do I have a case?
Very likely, if you were performing construction, repair, alteration, painting, or cleaning work on a building. An unsecured or defective ladder that shifts, slips, or fails is a classic § 240(1) violation.
Can I be blamed for my own fall?
Not in the way you'd expect. Comparative fault does not reduce a Scaffold Law recovery. Only if you were the sole cause of the accident — for example, you were provided proper equipment, knew you were expected to use it, and refused for no good reason — can the claim fail.
I'm undocumented. Can I still sue?
Yes. New York's highest court has held that immigration status does not bar recovery, including for lost wages. Your case cannot be reported to immigration authorities as a litigation tactic.
What is the average construction accident settlement in New York?
Scaffold Law cases with serious injuries (fractures, fusion surgery, head trauma) regularly settle in the high six to seven figures, reflecting absolute liability plus commercial insurance. Outcomes depend on injury severity and lost earning capacity.