New York's Labor Law §240 — The Scaffold Law
New York Labor Law §240(1), known as the Scaffold Law, imposes absolute liability on owners and contractors when a worker is injured by an elevation-related hazard — a fall from a height or being struck by a falling object — and proper safety devices (scaffolds, harnesses, hoists, ladders) were not provided or were inadequate. "Absolute liability" means that, when the statute applies, the worker's own negligence is generally not a defense. This makes §240 one of the most powerful tools in American injury law, and proving its application is central to these cases.
Labor Law §241(6) and §200
Beyond the Scaffold Law, Labor Law §241(6) requires owners and contractors to comply with specific safety regulations in the Industrial Code, covering hazards like debris, slipping, and inadequate protection in excavation and demolition work. Labor Law §200 codifies the general common-law duty to provide a safe workplace. Together with §240, these statutes create overlapping protections — and a skilled attorney pleads each theory that fits the facts of your accident.
Injured in New York? You may be entitled to compensation for medical bills, lost wages, and pain and suffering. Your case review is free, confidential, and carries no obligation.
Workers' Compensation and Third-Party Claims
If you were injured on the job, workers' compensation provides medical coverage and partial wage replacement regardless of fault — but it does not compensate you for pain and suffering and bars suing your direct employer. The key to full recovery is often a third-party lawsuit against another responsible party, such as the property owner, general contractor, or a subcontractor, under the Labor Law. Pursuing both the comp claim and the third-party case in tandem is how injured workers achieve complete compensation.
Compensation for Construction Injuries
Construction injuries are frequently catastrophic — spinal cord damage, traumatic brain injury, amputations, and multiple fractures. Through a Labor Law third-party action you may recover full medical expenses and future care, lost wages and earning capacity, pain and suffering, and damages for permanent disability, on top of your workers' compensation benefits. We coordinate both claims to maximize what you receive.
Frequently Asked Questions
Labor Law §240 imposes absolute liability on owners and contractors for gravity-related construction injuries — falls from heights or falling objects — when proper safety equipment wasn't provided. When it applies, your own negligence generally isn't a defense, making it extremely powerful for injured workers.
Often yes. Workers' comp bars suing your direct employer, but you can usually bring a separate third-party lawsuit against the property owner, general contractor, or others under New York's Labor Law — and recover pain and suffering that comp doesn't cover.
New York's Labor Law protections and workers' compensation generally apply regardless of immigration status. You have the right to pursue compensation for a construction injury, and your status does not bar your claim.
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