New York Labor Law § 240, known as the state’s Scaffold Law, is a unique statute that makes property owners and general contractors responsible for providing and maintaining proper scaffolding on their worksites.
When construction workers are injured in fall or falling object accidents, the Scaffold Law generally holds owners and contractors strictly liable. New York is the only state in the nation with this type of Scaffold Law, allowing workers here an opportunity for legal recourse that goes far beyond workers’ compensation benefits.
If you or your family need help after a fall or falling-object accident at a job site, the trusted construction accident lawyers at Chopra & Nocerino can explain your rights under the Scaffold Law and fight to get you justice.
KEY TAKEAWAYS
- New York’s Scaffold Law protects workers at construction sites by holding property owners and general contractors responsible for accidents involving falls or falling equipment.
- It also applies absolute liability, preventing workers from having to prove negligence or defend against any contributing mistakes.
- Scaffold Law claims can help injury victims recover higher compensation than they would receive solely through workers’ compensation.
What Does the Scaffold Law Cover?
Construction accident cases under the Scaffold Law can have varying timelines based on the specific circumstances involved. Here are some of the situations covered by the Scaffold Law:
The Falling Worker Rule and the Falling Object Rule
The Scaffold Law creates two scenarios where owners and contractors are vulnerable to liability in a construction accident:
- A worker falls from a height because of missing safety equipment, a collapsing ladder, or flimsy scaffolding.
- A worker is hit by a falling object that was not properly secured or that fell from above due to collapsing scaffolding.
Who Is Covered?
The Scaffold Law applies to construction workers who are operating within a building or structure. Its protections extend to plumbers, electricians, and others performing manual labor on the job site. The law also applies regardless of immigration status.
Officials on the site in a planning capacity, such as engineers or architects, may not be covered by the Scaffold Law.
What Makes the Scaffold Law Different: Absolute Liability
New York uses a comparative negligence standard for personal injury claims, typically assigning a percentage of liability to each party involved and reducing any compensation owed proportionally. However, the Scaffold Law imposes absolute liability, meaning that, unlike ordinary negligence claims, a worker does not need to prove that the owner or contractor was negligent.
Instead, the worker generally must show that the statute applied, that an adequate safety device was not provided or failed, and that this violation was a proximate cause of the injury. Under absolute liability, workers also don’t need to defend themselves if they made a mistake that contributed to the accident.
An experienced personal injury lawyer can help you understand your rights and pursue all the compensation you’re entitled to under New York law.
Beyond Workers' Compensation: What Injured Workers Can Recover
Workers’ compensation benefits can provide important financial support for people hurt on the job, including coverage for medical care and a portion of lost wages. However, workers’ compensation generally does not compensate injured workers for pain and suffering.
A claim under New York’s Scaffold Law may allow an injured construction worker to pursue damages beyond workers’ compensation, including pain and suffering, future medical care, lost wages, reduced earning capacity, and other losses not available through workers’ comp.
Chopra & Nocerino has helped New York construction workers recover millions of dollars in compensation for on-the-job injuries, including in scaffolding accidents. Some of our real verdicts and settlements include:
Important Exceptions and Limitations
The One- and Two-Family Homeowner Exemption
One type of construction that is specifically excluded from the Scaffold Law is contract work on a one- or two-family home where the owner is not directing or overseeing the job. However, if the homeowner is controlling or supervising the work, the exemption may not apply.
The Sole Proximate Cause Defense
Contractors and property owners still have one lifeline in the event of a scaffolding accident. If a worker’s own actions were the “sole” cause of the accident, the Scaffold Law may not apply. However, this is a very rare scenario that should not discourage any worker from exploring a claim.
How Long Do You Have to File a Scaffold Law Claim?
New York’s personal injury statute of limitations gives most workers up to three years from the date of a construction accident to file a claim under the Scaffold Law. That might seem like a lot of time, but waiting can be risky. As construction sites change, surveillance video is overwritten, and witnesses become harder to locate, the strength of your case can fade significantly with time.
To protect your rights and give yourself the best chance of success, you should reach out to a knowledgeable construction accident attorney as soon as possible.
Get Help With Your New York Scaffold Accident Claim
If you or a loved one were hurt in a construction accident, the Chopra & Nocerino team is ready to fight for you to get the compensation you deserve under the Scaffold Law. We’re Real New Yorkers who power through the nonsense, advocate for our clients’ rights, and refuse to back down. Contact us online or call (855) NYC-HURT today to schedule a free consultation.
