What is New York Labor Law §240 and Why Does it Matter for Injured Construction Workers? Long Island

New York Labor Law §240, also known as the “Scaffold Law”, makes property owners and general contractors strictly liable when a construction worker is injured in a fall or by a falling object due to inadequate safety equipment.

Unlike most personal injury claims on Long Island, there’s no burden to prove that the property owner or general contractor was negligent. If proper protection wasn’t provided for elevation-related work, you likely have grounds to pursue compensation.

In addition to §240, the related Labor Law §241(6) offers broader protection for construction site hazards. It works differently, but could matter just as much to your case.

Key Takeaways

• Labor Law §240(1) imposes strict liability on property owners and general contractors for gravity-related injuries, such as falls from scaffolding.
• Labor Law §241(6) covers a wider range of hazards related to violations of the New York Industrial Code.
• Both statutes generally exclude the property owner if they are homeowners of family homes who don’t direct or control the work. Liability would typically fall on the general contractor in these cases.

What Does §240 Require?

This law requires that owners, contractors, and their agents provide scaffolding, ladders, hoists, and other safety devices to properly protect workers performing construction, demolition, repair, painting, alteration, and cleaning work.

Because the liability is strict in §240, a worker pursuing compensation for a construction injury generally doesn’t need to show that the owner or contractor was careless. These cases rely on proving that the injury was caused by a gravity-related hazard and that adequate protection was missing.

Examples of injuries related to §240 include:

• Falls from heights, including falls from scaffolds, ladders, roofs, and other elevated surfaces.
• Injuries suffered by falling objects, like materials or tools falling due to inadequate securing.
• 240 applies to most injuries sustained on commercial and multi-unit property worksites, as well as one- and two-family dwellings (but only the general contractor would be liable in the latter).