Falls from heights are the most serious accidents in construction. New York has a law written for exactly this danger.
Labor Law 240, known as the Scaffold Law, requires owners and contractors to give workers proper protection when they work at a height. When they fail and a worker falls, they are responsible.
Accidents the Scaffold Law Covers
- Scaffold collapses and missing guardrails
- Ladders that slip, shift, or break
- Falls from roofs and through floor openings
- No harness, lifeline, or tie-off point
- Tools, materials, or loads falling on a worker from above
- Hoist and rigging failures
Why This Law Is Different
If you were injured in a fall from a height or were struck by a falling object at work, New York's Scaffold Law (Labor Law § 240(1)) may protect you. Under this law, building owners and contractors can be held responsible even if you made a mistake that contributed to your accident. Your own carelessness is generally not a defense. The main way they can escape responsibility is by proving that you alone caused the accident.
There are exceptions. Owners of one and two family homes who do not direct the work are exempt, and the defense will try to argue the worker was the only cause of the fall. We know those arguments and prepare for them from day one.
Who Is Covered
The law covers workers doing construction, demolition, repair, alteration, painting, and cleaning of a building or structure. Union and non-union workers are both covered.
What You Can Recover
- Medical bills, past and future
- Full lost wages and benefits
- Loss of future earning ability
- Pain and suffering
This is in addition to workers' compensation.
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
If the building is owned by the City, NYCHA, a public school, or another public agency, a notice of claim is generally due within 90 days.
Common Questions
I set up the ladder myself. Do I still have a case?
Often, yes. The question is whether you were given proper equipment for the job, such as a secured ladder, a scaffold, or a harness.
I only fell a few feet. Does the law apply?
It can. The law is about the risk created by working at a height, not a minimum number of feet.
Can I collect workers' compensation and bring this case?
Yes. They are separate claims. Part of the compensation benefits may have to be repaid from the recovery, and we account for that.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.