If you or a loved one has been injured in a fall or by a falling object on a construction site in New York, you need to know about one of the most powerful laws protecting construction workers. New York Labor Law Section 240(1), commonly known as the Scaffold Law, gives injured workers and their families the right to seek full compensation from property owners and general contractors when safety failures lead to serious injury.
At Choudhry & Franzoni Law Group we specialize in turning this complex law into real results for injured workers. If you’ve been injured in a Scaffold Accident, Let us take it from here. Call us now at 516-888-1234 or fill out our quick online form for a free consultation. We have the experience, the resources, and the determination to fight for the maximum compensation you deserve.
New York Scaffold Law
New York Labor Law Section 240(1) is a unique statute designed to protect workers from the extreme dangers of working at height. The law places absolute responsibility on property owners and general contractors to provide proper safety equipment and to ensure that it is correctly placed and operated.
The core idea is simple: gravity poses a severe and predictable risk in construction. The law therefore requires those in control of the worksite to give workers the necessary protection to combat that risk. When they fail to do so, they can be held strictly liable, meaning an injured worker does not have to prove negligence to win their case.
A Scaffold Law case is not a standard personal injury lawsuit or a workers’ compensation claim. It is a special type of claim that offers significant advantages to injured workers.
Strict Liability
In most injury cases, you must prove that someone was careless or negligent. Under the Scaffold Law, if the proper safety equipment was not provided or was defective, the property owner and general contractor are automatically responsible. Your focus shifts from proving fault to proving that the law’s safety requirements were violated.
Full Compensation
A workers’ compensation claim only covers medical bills and a portion of lost wages. It does not compensate you for your full lifetime earning capacity, your pain and suffering, or your family’s losses. A successful Scaffold Law lawsuit seeks complete compensation for all past and future damages, including all medical expenses, all lost income, and the physical and emotional toll of the injury.
Common Accidents Covered by the Scaffold Law
The Scaffold Law applies to two main categories of accidents: falls from height and being struck by falling objects. If your injury fits one of these descriptions, you likely have a strong case.
Falls From Elevation
This includes any fall from a raised work surface or into a hole. Typical examples are falls from ladders, scaffolds, roofs, beams, aerial lifts, hoists, and mechanical equipment. It also includes falls through unguarded openings in floors, stairwells, or elevator shafts.
Falling Object Injuries
This covers injuries caused by tools, materials, or debris that fall from an elevated worksite. Examples include being struck by a falling hammer, a loose brick, a beam, or any other unsecured object. The key factor is that the object fell because it was not properly hoisted, secured, or stored as required by the law.
Equipment Failure
Many cases involve the collapse or failure of the safety equipment itself. This includes ladders that slip or break, scaffolding that gives way, ropes or hoists that fail, and safety lines that do not hold.
Who Is Protected by This Law?
The Scaffold Law protects a broad range of construction workers. You are covered if you were engaged in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure. This includes laborers, carpenters, ironworkers, painters, roofers, window installers, and many other tradespeople.
Who Can Be Held Responsible?
The law places non delegable duties on specific parties. This means they cannot avoid responsibility by blaming a subcontractor or an employee.
Property Owners
With very limited exceptions, such as the owner of a one or two family home who does not direct or control the work, all property owners can be held liable under the Scaffold Law.
General Contractors
The primary contractor hired to oversee the project is almost always liable under this statute.
Their Agents
Any party acting on behalf of the owner or general contractor may also share in this liability.
If you were employed by a subcontractor, you can still file a lawsuit directly against the property owner and the general contractor. Their insurance policies are typically responsible for paying the claim.
How Does Your Own Conduct Affect the Case?
This is a critical advantage of the Scaffold Law. In standard negligence cases, if you were partially at fault, your compensation is reduced. Under the Scaffold Law, your own actions generally do not prevent you from recovering full compensation.
You can still have a valid claim even if you did not use available safety equipment, if you used a piece of equipment you knew was substandard, or if you followed unsafe instructions from a supervisor. The law recognizes that workers are often under pressure to work quickly and may not be in a position to refuse unsafe conditions.
The only situation where a worker’s conduct can bar recovery is if it is proven that the worker’s actions were the sole and exclusive cause of the accident. For example, if a worker deliberately and unreasonably refused to use perfectly functional, properly provided safety equipment, they might be barred. This is an extremely high bar for the defense to meet and is rarely successful.
The Immediate Steps to Protect Your Rights
If you have been injured, taking the right steps immediately can protect your health and your legal rights.
- Seek medical attention right away. Your health is the most important priority, and medical records will be essential to your case.
- Report the accident to your supervisor and ensure an official report is filed, but be cautious about giving detailed statements.
- If it is safe to do so, document the scene. Take photographs or videos of the location, the equipment involved, your injuries, and any visible safety violations.
- Get the names and contact information of any coworkers or other witnesses who saw what happened.
- Do not speak to insurance adjusters, property owners, or their lawyers without consulting an attorney first. They may try to get a statement to use against you later.
- Contact an experienced New York construction accident attorney as soon as possible. There are strict deadlines for filing lawsuits, and evidence needs to be preserved quickly.
If you’ve been injured in a Scaffold Accident, Let us take it from here. Call us now at 516-888-1234 or fill out our quick online form for a free consultation.
Why Choosing the Right Law Firm Matters
Pursuing a Scaffold Law claim is a specialized legal battle. Property owners and large contractors are defended by well funded insurance companies and skilled defense lawyers. You need a law firm with the specific expertise, resources, and determination to win.
At Choudhry & Franzoni Law Group we understand the technical aspects of construction safety, the tactics used by the defense, and how to present a compelling case for our clients. We are committed to providing personalized attention while aggressively pursuing the maximum compensation you deserve. We handle every aspect of your case so you can focus on your recovery.
We work on a contingency fee basis. This means you pay no legal fees unless we successfully recover money for you. Our fee is a percentage of the recovery we obtain on your behalf. If you’ve been injured in a Scaffold Accident, Let us take it from here. Call us now at 516-888-1234 or fill out our quick online form for a free consultation.
A Free and Confidential Case Review
You owe it to yourself and your family to explore your rights under the Scaffold Law. Do not assume that workers’ compensation is your only option. We will review the details of your accident, explain your legal options in clear terms, and outline the path forward. Let us take it from here. Call us now at 516-888-1234 or fill out our quick online form for a free consultation.