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Hill & Moin LLP is proud to serve New York’s construction workers and tradespeople with trusted, proactive personal injury legal support focused on your future and recovery. If you were injured in a fall from a scaffold, ladder, roof, or elevated surface on a construction site in New York, Labor Law Section 240 may give you one of the most powerful legal protections available anywhere in the country.
Known as the Scaffold Law, New York Labor Law 240 imposes absolute liability on property owners and general contractors for elevation-related injuries on construction sites. It is a law built specifically to protect workers, and understanding it could be the most important thing you do after a serious construction site fall.
| Injured on a New York construction site? Call Hill & Moin LLP today for a confidential, no-obligation consultation. |
What Is New York Labor Law Section 240?
New York Labor Law Section 240(1) requires property owners, general contractors, and certain other parties to provide proper protection to workers performing construction, demolition, repair, or maintenance work at elevated heights. Specifically, the law mandates the use of scaffolding, ladders, hoists, slings, stays, braces, ropes, blocks, pulleys, irons, and other devices that give workers proper protection against elevation-related hazards.
What makes Labor Law 240 unique, and uniquely powerful, is its imposition of absolute liability. If a property owner or general contractor fails to provide adequate safety equipment and a worker is injured as a result, those parties are liable regardless of the worker’s own conduct. The injured worker does not need to prove negligence in the traditional sense. The failure to provide proper protection is itself the violation.
This absolute liability standard has been interpreted broadly by New York courts to cover a wide range of elevation-related accidents, including falls from ladders and scaffolds, objects falling onto workers from height, and injuries caused by improperly secured equipment.
Who Is Protected Under New York Labor Law 240?
Labor Law 240 protects workers engaged in the following types of work on construction sites:
- Construction of new buildings or structures
- Demolition of existing structures
- Repair and renovation work
- Cleaning work at elevated heights
- Painting and exterior maintenance at height
- Excavation work involving elevation differentials
The law covers workers employed by contractors and subcontractors, and in many cases extends to workers who are not directly employed by the property owner. Independent contractors performing covered work may also be protected. If you were injured doing any of these types of work in New York, Hill & Moin LLP can evaluate whether Labor Law 240 applies to your claim.
Who Is Liable Under Labor Law 240?
Labor Law 240 imposes liability on specific parties in the construction chain. Understanding who can be held responsible is critical to maximizing your recovery:
Property Owners
The owner of the property where construction is taking place is subject to absolute liability under Labor Law 240, even if the owner had no direct involvement in the work and did not hire the injured worker. This is one of the most significant features of the law. A property owner cannot escape liability simply by delegating safety responsibilities to a general contractor.
General Contractors
General contractors overseeing construction projects bear the same absolute liability as property owners under Labor Law 240. This applies regardless of whether the injured worker was employed directly by the general contractor or by a subcontractor working on the site.
Who Is NOT Liable Under Labor Law 240
One-and-two family homeowners who do not direct or control the work are exempt from Labor Law 240 liability. Subcontractors also do not bear liability under this section of the law, though they may face claims under other Labor Law provisions. Hill & Moin LLP analyzes the full facts of every case to identify every party that may be held responsible.
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Labor Law 240 vs. Other New York Construction Injury Laws
| Law | What It Covers |
| Labor Law 240(1) Scaffold Law | Absolute liability for elevation-related injuries (falls, falling objects). No comparative fault defense available. |
| Labor Law 241(6) | Requires compliance with specific Industrial Code safety rules. Comparative fault may apply. |
| Labor Law 200 | General duty to maintain a safe worksite. Based on general negligence principles. Comparative fault applies. |
| Workers’ Compensation | Provides medical and wage benefits regardless of fault, but limits right to sue employer directly. Does not preclude Labor Law claims against owners/GCs. |
Understanding which provisions apply to your injury, and how they interact, is essential to building a complete claim. Hill & Moin LLP evaluates all available legal theories for every construction accident case we handle.
Common Accidents Covered by Labor Law 240
New York courts have applied Labor Law 240 to a wide variety of elevation-related accidents on construction sites across the five boroughs and throughout the state. Common scenarios include:
- A worker falls from an unsecured or defective ladder
- A scaffold collapses or gives way under a worker’s weight
- A worker falls through an unguarded floor opening or skylight
- A falling object, a tool, piece of material, or equipment, strikes a worker below
- A worker falls while descending into or climbing out of an excavation
- A hoist or rigging system fails, dropping materials onto workers
- A worker falls from a roof with no guardrails, safety lines, or fall arrest systems in place
If your accident involved a height differential, either you falling, or an object falling onto you, there is a strong likelihood that Labor Law 240 applies. Hill & Moin LLP will conduct a thorough analysis of your accident to determine which legal protections cover your situation.
What to Do After a Construction Site Fall in New York
If you are injured on a New York construction site, protecting your legal rights requires prompt action. Here is what you should do:
- Seek emergency medical care immediately — your health comes first
- Report the accident to your foreman, site supervisor, or employer and ensure an incident report is created
- Photograph the scene – including the ladder, scaffold, or elevated surface involved, and any missing safety equipment
- Document the conditions that caused your fall — damaged rungs, unsecured scaffold planks, missing guardrails
- Collect the names and contact information of any coworkers or witnesses
- Do not allow the worksite to be cleaned up or altered before evidence is preserved — request that your attorney send a preservation letter
- File a Workers’ Compensation claim — this does not prevent you from pursuing a Labor Law 240 claim against the owner or general contractor
- Contact Hill & Moin LLP as soon as possible for a free consultation
Common Challenges People Face With Labor Law 240 Claims
The Recalcitrant Worker Defense
Property owners and general contractors often argue that the injured worker was a recalcitrant worker, meaning they refused to use available safety equipment or ignored clear instructions to use protection. If this defense succeeds, it can defeat an otherwise strong Labor Law 240 claim. Hill & Moin LLP investigates these claims thoroughly and challenges recalcitrant worker arguments with evidence about what equipment was actually available and whether any instructions were genuinely given.
Disputes Over Whether the Work Qualifies
Not all work performed at height is covered by Labor Law 240. Courts have drawn distinctions between covered construction and repair work on one hand, and routine maintenance on the other. Defendants frequently argue that an injured worker was performing maintenance rather than construction, seeking to remove the case from Labor Law 240’s absolute liability standard. Hill & Moin LLP knows how courts have drawn these lines and how to argue for the broadest application of the law’s protections.
Sole Proximate Cause Arguments
Another common defense is the argument that the worker’s own conduct was the sole proximate cause of their injury, not any deficiency in the safety equipment provided. This is distinct from comparative negligence and, if established, is a complete defense to a Labor Law 240 claim. Hill & Moin LLP anticipates and counters these arguments through thorough factual investigation and expert testimony.
Frequently Asked Questions About New York Labor Law 240
Can I bring a Labor Law 240 claim if I am receiving Workers’ Compensation?
Yes. Workers’ Compensation and a Labor Law 240 claim are not mutually exclusive. You can receive Workers’ Compensation benefits from your employer and simultaneously pursue a Labor Law 240 claim against the property owner and general contractor. In fact, pursuing both is almost always the right strategy for seriously injured construction workers in New York.
What damages can I recover under Labor Law 240?
A successful Labor Law 240 claim can recover damages for past and future medical expenses, past and future lost wages and earning capacity, pain and suffering, and the cost of long-term care or rehabilitation. Because Labor Law 240 imposes absolute liability, these claims often produce significantly higher recoveries than standard negligence cases, particularly when the injuries are serious or permanently disabling.
Does comparative negligence apply to Labor Law 240 claims?
No. This is one of the most important features of the law. Under Labor Law 240, comparative negligence is not a defense. Even if the injured worker was partially at fault for their own accident, that fault does not reduce their recovery. The only complete defenses available to defendants are the recalcitrant worker defense and the sole proximate cause argument — both of which Hill & Moin LLP is experienced in defeating.
What is the statute of limitations for a Labor Law 240 claim?
The statute of limitations for a Labor Law 240 claim against a private party is three years from the date of injury. If the claim is against a public entity, such as a city agency overseeing a public construction project, a Notice of Claim must be filed within 90 days, and the lawsuit must be commenced within one year and 90 days. These deadlines are strictly enforced. Contact Hill & Moin LLP as soon as possible after your injury.
Why Hill & Moin LLP for Your New York Labor Law 240 Case?
Construction accident cases under Labor Law 240 are among the most significant personal injury claims in New York, and among the most aggressively defended. Property owners, general contractors, and their insurers retain experienced defense counsel the moment a serious injury is reported. You need legal representation that matches that intensity from day one.
Hill & Moin LLP has deep experience with New York construction accident law, including Labor Law 240, 241(6), and 200 claims. We investigate worksites, preserve evidence, retain engineering and safety experts, and build the comprehensive case your injury demands. We handle cases on a contingency fee basis, no fees unless we win.
When your health, livelihood, or family’s future is on the line, every decision matters. Call Hill & Moin LLP today and take the first step toward financial recovery and peace of mind.
| Call Hill & Moin LLP today to schedule your confidential, no-obligation consultation. |