New York Labor Law 240 Explained for Injured Workers

If you were hurt in a fall or struck by a falling object on a New York construction site, you may hear your lawyer talk about Labor Law 240. It is a key protection for construction workers in the state. Here is a plain-language overview. It is general information, not legal advice, so be sure to talk to your attorney about your own case.

What is Labor Law 240?

Section 240 of the New York Labor Law is often called the Scaffold Law. It requires property owners and contractors to provide proper safety devices to protect workers from elevation-related risks. Those devices include scaffolds, ladders, hoists, harnesses, ropes, braces, and similar equipment.

The law reflects a simple idea. Owners and contractors control the job site and the equipment. They are well placed to keep workers safe from gravity-related hazards, so the law places that responsibility on them.

What does absolute liability mean?

Labor Law 240 is known for imposing what is often called absolute liability. In general, if a covered worker is injured because proper protection against an elevation-related risk was not provided, the owner and contractor can be held responsible.

In many cases, the worker's own carelessness is not a defense that defeats the claim. There are exceptions. For example, defendants often argue that the worker was the sole cause of the accident, or that the worker refused available safety equipment. How these arguments play out depends heavily on the facts, which is why a knowledgeable attorney matters.

What kinds of accidents are covered?

Labor Law 240 generally applies to two broad types of accidents:

• Falling worker cases. A worker falls from a height, such as from a ladder, scaffold, roof, beam, or through an unprotected opening.
• Falling object cases. A worker is struck by an object that fell because it was not properly hoisted or secured, such as a load of materials or a piece of equipment.

Courts have spent years defining exactly which situations qualify. Not every fall or falling object counts. The key question is usually whether the injury flowed directly from the force of gravity and a failure to provide adequate protection.

What kinds of work are covered?

The law covers workers engaged in activities such as building, demolition, repairing, altering, painting, cleaning, and pointing of buildings or structures. Routine maintenance may be treated differently from repairs or alterations. Your attorney can help determine whether your work falls within the law.

Who can be held responsible?

Labor Law 240 usually places responsibility on:

• The owner of the property
• The general contractor
• Agents who had authority to control the work

In many cases, your direct employer is protected by workers' compensation rules. That is why Labor Law claims are often brought against the owner and general contractor instead. Homeowners of one and two-family dwellings who did not direct or control the work may be exempt.

How does it relate to Labor Law 241(6) and 200?

Labor Law cases often include more than one claim. Section 241(6) requires owners and contractors to comply with specific rules in the New York Industrial Code. It can apply to hazards that are not elevation-related, such as slippery surfaces, unguarded machinery, or unsafe trenches. Section 200 reflects the general duty to provide a safe workplace. Your attorney may bring several of these claims together.

What about workers' compensation?

You may be receiving workers' compensation benefits at the same time you pursue a Labor Law claim. The two are separate. Comp may pay part of your wages and medical bills. The Labor Law lawsuit seeks broader damages from the owner and contractor. The comp carrier may have a lien on part of any recovery, which your attorney will handle.

Why these cases can still take time

Even when liability looks strong, Labor Law cases can take a long time. Defendants often dispute how the accident happened, whether the law applies, and how serious the injuries are. Insurers for owners and contractors may fight over which one should pay. Serious injuries also take time to understand fully.

Important steps for injured workers

• Get medical care right away and follow your treatment plan.
• Report the accident and keep copies of any paperwork.
• Write down names of coworkers and witnesses.
• Talk to an experienced New York construction accident attorney promptly. Strict deadlines apply.

How Green Street Funding can help

We are based in New York, and construction and Labor Law cases are a core part of what we review. If you are waiting on a Labor Law case, our non-recourse funding can help cover living expenses. You repay only from a recovery, and if your case is lost, you owe nothing. Funding is subject to underwriting approval. Learn more on our cases we fund page, or have your lawyer visit our attorney page.

Get started

If you were hurt on a New York job site and have an attorney, we would be glad to review your case. Apply for funding today.

This article is general information, not legal or financial advice. Talk to your attorney about your specific case.

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