Walking past a New York City construction site, you may see scaffolding overhead, workers moving materials, and sidewalk sheds lining the block. If falling debris or construction materials strike you, you may wonder whether you can sue under New York Labor Law § 240, also known as the Scaffold Law. In most cases, the answer is no. Labor Law § 240 generally protects covered construction workers, not pedestrians, passersby, or members of the public.
However, that does not mean you are out of legal options. A New York City construction accident lawyer at Chopra & Nocerino can review what happened, explain your options, and help you pursue the compensation you may be entitled to recover. Contact us online or call (855) NYC-HURT to get help from real New Yorkers who fight for you.
- Labor Law § 240 protects certain construction workers by holding owners and contractors strictly liable for covered gravity-related injuries.
- Pedestrians and passersby generally are not covered because the law is designed to protect workers engaged in covered construction activities.
- Pedestrians injured by falling debris or other construction hazards may still have negligence claims against owners, contractors, subcontractors, or other responsible parties.
What Is Labor Law 240 and Who Does It Protect?
Under New York Labor Law § 240, contractors, property owners, and their agents must provide certain workers with proper safety devices for elevation-related construction work. These devices may include scaffolds, ladders, hoists, ropes, braces, and similar equipment designed to protect workers from gravity-related hazards.
Labor Law § 240 may apply when a covered worker is injured because of:
- A fall from a height, such as from a scaffold, ladder, roof, or other elevated work surface
- A falling object, when the object should have been properly secured and the injury resulted from the force of gravity
Owners and contractors can be held strictly liable for covered elevation-related injuries. This means an injured worker may not have to prove that the owner or contractor was negligent if the statute applies.
However, Labor Law § 240 is aimed at protecting workers engaged in covered construction-related activities. It generally does not apply to pedestrians, passersby, or other members of the general public.
Why Aren’t Pedestrians and Passersby Covered?
Labor Law § 240 is limited because it was created to protect workers from the unique elevation-related risks they face on construction sites. These risks often include accidents involving scaffolding, ladders, and falling objects.
Construction work is one of the most dangerous industries. According to OSHA, some of the leading causes of serious and fatal construction injuries include falls and being struck by objects. Labor Law § 240 addresses these specific dangers by requiring owners, contractors, and their agents to provide proper safety devices for covered workers.
Because the law can make owners and contractors strictly liable for certain gravity-related injuries, it places a significant legal burden on them. New York lawmakers created this protection because construction workers face these hazards as part of their jobs.
Pedestrians and passersby may be injured by the same types of hazards, but they are not the workers Labor Law § 240 was designed to protect. However, they may still have other legal options, including negligence claims against responsible parties. A personal injury lawyer can help you navigate these in the aftermath of an accident.
Can a Pedestrian Still Sue After a Construction Site Injury?
Yes. A bystander, pedestrian, or visitor injured in a NYC construction accident may still be able to bring a personal injury lawsuit and pursue compensation for medical bills, lost wages, pain and suffering, and emotional distress, even if Labor Law § 240 does not apply. The key difference is that pedestrians generally cannot use Labor Law § 240 to claim strict liability. Instead, they usually must show that a property owner, contractor, subcontractor, or another responsible party was negligent.
Labor Law § 200 reflects the duty to keep construction sites reasonably safe for workers and others who may lawfully be in or near the work area. Depending on the circumstances, this may include non-workers injured by hazards such as falling debris, unsafe equipment, unsecured materials, or other dangerous site conditions.
It is also important to know that, effective December 11, 2024, New York City lowered the threshold for a “major building” from 10 stories or 125 feet to seven stories or 75 feet. This means more projects may be subject to stricter safety requirements. If those rules were violated, that violation may provide strong evidence of negligence. A New York construction accident lawyer can investigate what happened and pursue compensation on your behalf.
What Can an Injured Pedestrian Recover?
Construction workers injured on the job are often limited to workers’ compensation benefits, which generally do not cover pain and suffering. Injured pedestrians, however, may be able to pursue a personal injury claim for the full range of damages available under New York law, including:
- Medical bills, including past care and future treatment
- Lost wages and reduced earning capacity if your injuries affect your ability to work
- Pain and suffering caused by the physical effects of your injuries
- Emotional distress, including anxiety, PTSD, or other mental health effects related to the accident
If a construction accident is fatal, surviving family members may be able to bring a wrongful death claim. In New York, wrongful death damages are primarily based on financial losses, such as funeral expenses, certain medical costs, lost financial support, lost services, and, in some cases, the value of parental guidance.
A personal injury lawyer can help victims and families gather evidence, document losses, and pursue compensation through settlement negotiations or litigation.
Speak With a New York Personal Injury Lawyer About Your Case
A New York construction accident lawyer at Chopra & Nocerino is here and ready to help you. Our history of past verdicts and settlements demonstrates our success in construction accident claims, and our decades of experience ensure we know New York laws inside and out. We’re real New Yorkers who fight for you, and our law firm is like no other due to the compassionate advocacy we provide.
To find out more about how we can help, contact us online or call us at (855) NYC-HURT to schedule your free consultation today.
