Injured in a Construction Accident in New York? Understanding Labor Law 240 (the “Scaffold Law”)
Quick answer: New York gives construction workers some of the strongest legal protections in the country. Labor Law § 240(1) — the "Scaffold Law" — imposes absolute liability on owners and general contractors for gravity-related injuries (falls from heights or being struck by falling objects) when proper safety devices weren't provided. Labor Law § 241(6) covers violations of specific safety regulations, and § 200 codifies the general duty to provide a safe workplace. Critically, these claims exist in addition to workers' compensation and can allow recovery far beyond what comp provides — including pain and suffering. A worker's own minor carelessness usually does not bar a § 240 claim.
Construction is dangerous work, and New York law reflects that. If you were hurt on a job site, you may have rights well beyond workers' compensation — and many injured workers don't realize it. This guide explains the three key statutes, what makes the Scaffold Law so powerful, and who can be held responsible.
Why Construction Accident Claims Are Different
Most injured workers think workers' compensation is their only option. Comp is important — it provides medical coverage and partial wage replacement regardless of fault — but it has major limits: it does not pay for pain and suffering, and it generally bars you from suing your direct employer.
New York's Labor Law changes the picture. It allows injured construction workers to bring a separate lawsuit against third parties — typically the property owner and the general contractor — on top of a workers' comp claim. Because these third-party claims can include pain and suffering and full economic losses, they often dwarf what comp alone provides. This combination is unique to New York and is why understanding the Labor Law matters so much.
Labor Law § 240(1): The Scaffold Law
Section 240(1) is the centerpiece. It applies to elevation-related (gravity) hazards on construction, demolition, repair, and certain other work — situations where a worker falls from a height or is struck by an object that falls because it wasn't properly secured.
What makes it extraordinary is absolute (strict) liability. When an owner or general contractor fails to provide proper safety devices — scaffolds, ladders, hoists, harnesses, braces, and similar protections — and that failure causes a gravity-related injury, they are liable. The worker generally does not have to prove the defendant was "negligent" in the ordinary sense.
Just as important: under § 240, an injured worker's comparative fault is generally not a defense. In an ordinary negligence case, your own carelessness reduces your recovery. Under the Scaffold Law, if a § 240 violation was a cause of your injury, the defendant cannot escape liability simply by arguing you were partly careless.
Examples of § 240 situations:
Falling from an unsecured or defective scaffold or ladder.
Falling through an unguarded floor opening or off an unprotected edge.
Being struck by materials or tools that fell because they weren't properly hoisted or secured.
A scaffold or hoist collapsing under a worker.
The "recalcitrant worker" and "sole proximate cause" limits. The protection is broad but not unlimited. If adequate safety devices were available and a worker, for no good reason, refused to use them — making the worker's own conduct the sole cause of the injury — a § 240 claim can fail. These defenses are narrow and heavily litigated, which is exactly why experienced evaluation matters.
Labor Law § 241(6): Specific Safety Violations
Section 241(6) covers construction, excavation, and demolition work and requires compliance with specific, concrete safety rules set out in the New York Industrial Code. Unlike § 240, it is not limited to height-related hazards.
To win under § 241(6), you must show the defendant violated a specific Industrial Code provision (for example, rules about debris, slippery surfaces, equipment guarding, or trench protection) — not just a general safety principle. Comparative negligence can apply here, so your own conduct may reduce (but not necessarily bar) recovery. This section reaches many injuries that don't involve falls, such as being injured by unsafe debris, inadequate protection in an excavation, or improperly guarded machinery.
Labor Law § 200: The General Duty of Safety
Section 200 is a codification of the common-law duty to provide a reasonably safe workplace. It applies more broadly but requires proving the owner or contractor either created the dangerous condition or had notice of it and the authority to control the work. Ordinary negligence principles, including comparative fault, apply. Section 200 is often pleaded alongside §§ 240 and 241(6) to cover all bases.
Who Can Be Held Responsible
Labor Law claims typically target the parties with the power to ensure site safety:
Property owners (with a narrow exception for owners of one- and two-family homes who don't direct or control the work).
General contractors.
Construction managers and certain agents who control the work.
Notably, these duties are non-delegable — an owner or GC cannot avoid responsibility by claiming they handed safety off to a subcontractor. Other potentially responsible parties include equipment manufacturers (for defective gear) and subcontractors whose negligence contributed.
Who Is Protected
The Labor Law protects people "employed" in covered construction, demolition, repair, and related work — which can include not just employees but many workers lawfully on the site performing covered tasks. Coverage can extend to undocumented workers as well; immigration status does not erase these protections. If you were doing covered construction work and were injured by a covered hazard, you may have a claim regardless of your employment paperwork.
Workers' Comp and the Labor Law Together
For most injured construction workers, the strongest approach combines two tracks:
Workers' compensation — fast medical coverage and partial wage replacement, regardless of fault, from your employer's comp carrier.
A third-party Labor Law lawsuit — against the owner and general contractor, for full damages including pain and suffering.
Coordinating these is important: a workers' comp lien may attach to part of a third-party recovery, and the timing and strategy can significantly affect the net result. This is one of many reasons the right attorney matters.
Frequently Asked Questions
What is the New York Scaffold Law?
It's Labor Law § 240(1), which imposes absolute liability on owners and general contractors for gravity-related construction injuries (falls from heights or falling objects) when proper safety devices weren't provided.
Can I sue if I'm already getting workers' compensation?
Often yes. Workers' comp generally bars suing your direct employer, but the Labor Law lets you bring a separate claim against third parties such as the owner and general contractor — for damages comp doesn't cover, including pain and suffering.
Does it matter if the accident was partly my fault?
Under § 240, your comparative fault is generally not a defense if a violation caused your injury. Under § 241(6) and § 200, comparative fault can reduce your recovery but doesn't automatically bar it.
Am I protected if I'm an undocumented worker?
The Labor Law's protections can apply regardless of immigration status. You should not assume you have no rights.
How long do I have to file?
Generally three years for the Labor Law/negligence claim, but workers' comp has its own deadlines, and if a public entity owns the site a 90-day Notice of Claim may apply. Confirm your dates early.
Hurt on a Job Site? Find Out What You're Really Owed
New York's Labor Law gives injured construction workers powerful rights that go far beyond workers' compensation — but only if those claims are identified and pursued correctly. If you were hurt on a job site, it's worth finding out exactly what you may be entitled to.
I'm Anna — a New York personal injury attorney with more than a decade of experience handling serious cases. I personally review every submission, tell you honestly what I see, and connect strong cases with the right New York construction-accident litigator. The review is free and confidential.
Submit your case for a free, confidential review or call or text (646) 679-4236.
Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Labor Law claims are highly fact-specific. Prior results do not guarantee a similar outcome. © 2026 Ask Anna Law.
