NYC Construction Accidents: What Workers Need to Know About Labor Law 240

If you work in construction in New York City, you face risks every single day that workers in most other industries simply do not. Falls from scaffolding, objects dropping from overhead, collapsing ladders; these are not abstract possibilities. They happen with regularity on job sites across the five boroughs. What many workers do not know is that New York State has a powerful law specifically designed to protect them when these accidents occur. It is called Labor Law Section 240, and understanding it could make an enormous difference in what happens after a serious injury.

What Labor Law 240 Actually Says

New York Labor Law § 240, commonly known as the “Scaffold Law,” has been on the books since 1885. The law requires that all contractors and property owners involved in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure must provide workers with proper safety equipment, things like scaffolding, hoists, ladders, ropes, braces, pulleys, and slings, and that this equipment must be constructed, placed, and operated so as to give proper protection to those doing the work. The text of the statute can be found at New York Labor Law § 240.

What makes this law unusual, even unique in the country, is that it imposes what courts have described as absolute liability on property owners and general contractors when a gravity-related accident occurs and adequate safety measures were not in place. That means a property owner generally cannot escape responsibility simply by claiming they did not know conditions were unsafe or that they delegated safety to a subcontractor.

Who Is Covered and What Types of Accidents Qualify

Are you wondering whether your situation is covered? Labor Law 240 applies to workers injured in gravity-related accidents on covered construction and renovation projects. The two most common types of claims involve:

• Falls from a height, such as from scaffolding, ladders, rooftops, elevated platforms, or through an unprotected floor opening
• Being struck by a falling object, such as tools, building materials, or debris that drop from above because they were not properly secured

The law covers a wide range of work beyond just new construction. Demolition, repair, alteration, cleaning, and painting of buildings can all qualify. However, there are limits. Routine maintenance and purely decorative work generally do not fall under Section 240. Owners of one- and two-family homes who do not direct or control the work are also typically exempt.

Important Limitations to Be Aware Of

Labor Law 240 strongly favors injured workers, but there are defenses that property owners and contractors can raise. If a worker refused to use safety equipment that was available and proper, or if the worker’s own actions were the sole cause of the accident, a defendant may have grounds to contest the claim. These defenses are difficult to establish, but they are real, which is why how an accident is documented and described from the very beginning matters so much.

It is also worth knowing that under New York law, workers generally have three years from the date of the accident to bring a personal injury claim under Labor Law 240. Waiting too long can put that right at risk.

Speak With Our Team Before You Make Any Decisions

If you have been seriously injured on a construction site in New York City, the steps you take early on can shape the entire outcome of your situation. We at Jaroslawicz & Jaros, PLLC encourage injured workers to reach out to our firm before speaking with insurance representatives or signing any documents. Our New York City construction accident lawyers are ready to listen to what happened and help you understand your options. Contact Jaroslawicz & Jaros, PLLC today at 212-227-2780 or through our website to schedule a free consultation.

Source:

nysenate.gov/legislation/laws/LAB/240