New York gives construction workers protections that exist nowhere else in the country. The strongest is Labor Law §240 — the Scaffold Law.
If you were hurt on a construction site in New York, you may have rights far beyond workers' compensation — rights that do not exist in any other state. They come from the New York Labor Law, and the most powerful of them is Section 240, known as the Scaffold Law.
What Labor Law §240 protects
Section 240 protects workers from elevation-related hazards — falls from heights and objects falling from above. It requires owners and general contractors to provide proper protection: secure scaffolding, ladders, hoists, and safety devices. When they fail to, and that failure causes an elevation-related injury, they can be held strictly liable.
Under §240, if a proper safety device was not provided and that caused your fall, the worker's own conduct is often not a defense. That makes it one of the most powerful tools in New York injury law.
The related sections
- Labor Law §241(6) requires owners and contractors to follow specific Industrial Code safety regulations.
- Labor Law §200 codifies the general common-law duty to provide a safe workplace.
A lawsuit is separate from workers' comp
This is the point many injured workers miss: a Labor Law lawsuit against the property owner or general contractor is entirely separate from your workers' compensation claim. You can pursue both. And unlike workers' comp, the lawsuit can recover pain and suffering — often making it worth far more.
Your rights apply regardless of status
New York's Labor Law protections generally apply to workers regardless of immigration status. Everyone on a job site has the right to a safe workplace and the right to pursue a claim if they are hurt. If you were injured at height or by a falling object, it is worth finding out exactly what protections apply to your situation.