NY Labor Law 240 Explained for Construction Workers

If you’ve been injured on a construction site in New York, NY Labor Law 240 (often called the “Scaffold Law”) protects workers who are hurt in falls or by falling objects—and it can make property owners and contractors automatically responsible. In simple terms, if proper safety equipment wasn’t provided or failed, you may have a strong claim for compensation beyond workers’ compensation.

What Is NY Labor Law 240?

NY Labor Law § 240 is a powerful safety law designed to protect construction workers from gravity-related accidents—meaning injuries caused by falls from heights or objects falling onto workers.

This law applies to workers involved in:

• Construction
• Demolition
• Repair work
• Alteration of buildings or structures

Unlike many other laws, Labor Law 240 imposes “absolute liability.” That means if the law was violated and it caused your injury, the owner or contractor can be held responsible—even if they weren’t directly supervising your work.

What Types of Accidents Does Labor Law 240 Cover?

Labor Law 240 focuses specifically on elevation-related hazards. Common examples include:

Falls from Heights

• Falling off scaffolding
• Falling from ladders
• Falling from roofs or beams

Falling Objects

• Tools or materials dropping from above
• Equipment not properly secured
• Debris falling from upper levels

For example, construction work anywhere in Westchester County — including along I-287 and the Cross Westchester Expressway — often involves elevated work zones where these risks are high.

What Safety Equipment Is Required Under Labor Law 240?

The law requires contractors and property owners to provide proper safety devices, including:

• Scaffolds
• Ladders
• Harnesses and lifelines
• Hoists and pulleys
• Guardrails and braces

If any of this equipment is:

• Missing
• Defective
• Improperly installed

—and that failure leads to injury, you may have a Labor Law 240 claim.

Why Is Labor Law 240 So Important for Injured Workers?

Most workplace injuries in New York are limited to workers’ compensation—but Labor Law 240 is different.

You Can Sue for Full Compensation

While it is true that workers’ compensation in New York does cover medical bills and a portion of lost wages, it does not provide full recovery for everything you’ve lost.

Specifically, workers’ compensation:

• Covers medical expenses
• Provides partial wage replacement (not full lost wages)
• Does not compensate you for pain and suffering

That’s where Labor Law 240 becomes critically important.

If your case qualifies under Labor Law 240 (often called the “Scaffold Law”), you may be able to file a lawsuit and recover damages that workers’ compensation simply does not allow—most importantly:

• Pain and suffering from the date of the accident through today
• Future pain and suffering for the rest of your life
• Additional economic losses beyond basic workers’ compensation benefits

Why This Matters

The ability to recover pain and suffering—past and future—is the key difference.

For many injured construction workers, this category of damages represents the largest portion of a financial recovery, especially in cases involving serious or permanent injuries.

Absolute Liability Makes Cases Stronger

Because of the strict liability standard, you don’t have to prove negligence the same way you would in other cases.

Real-World Impact

Cases across Westchester County — including those handled at the Westchester County Supreme Court in White Plains — frequently involve serious injuries from falls at construction sites, especially in rapidly developing areas.

How Does Labor Law 240 Work With Other NY Laws?

Labor Law 240 is often used alongside other New York laws, including:

• NY Labor Law § 241(6) – Covers general construction site safety violations
• NY Labor Law § 200 – General duty to provide a safe workplace
• CPLR § 214 – Gives you 3 years to file a personal injury lawsuit

These laws can work together to strengthen your case depending on the circumstances of your accident.

What Do You Need to Prove in a Labor Law 240 Case?

To bring a successful claim, you generally need to show:

1. You were working on a covered activity (construction, repair, etc.)
2. You were exposed to an elevation-related risk
3. Proper safety equipment was not provided or failed
4. That failure caused your injury

You do not need to prove your employer was careless in the traditional sense—this is what makes Labor Law 240 so powerful.

What Compensation Can You Recover?

If your claim is successful, you may be entitled to:

• Medical expenses (current and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Rehabilitation and therapy costs

For serious injuries—like traumatic brain injuries, spinal damage, or fractures—this compensation can be substantial.

Many injured workers across Westchester County — including those treated at facilities like Westchester Medical Center in Valhalla — receive care at Level 1 trauma centers equipped to handle severe construction accidents.

What Should You Do After a Construction Accident?

If you’ve been injured on a job site:

1. Get Medical Attention Immediately

Your health comes first. Even if injuries seem minor, get checked out.

2. Report the Incident

Notify your supervisor or employer as soon as possible.

3. Document Everything

Take photos of:

• The accident scene
• Equipment involved
• Your injuries

4. Speak With a Lawyer

Labor Law 240 cases are complex, but they can be extremely valuable. An experienced attorney can help protect your rights.

How Can Billy Cooper Law Help?

At Billy Cooper Law, we understand how devastating construction accidents can be—not just physically, but financially and emotionally.

• William H. Cooper, recognized by Super Lawyers 2024
• A firm built on a 60+ year legacy (Marvin A. Cooper, P.C.)
• Proven results, including multi-million-dollar recoveries

We’ve helped injured workers throughout Westchester County — including White Plains, Yonkers, New Rochelle, and surrounding communities — navigate complex Labor Law claims and fight for the compensation they deserve.

If you want to learn more about your rights, visit our construction accident lawyers page. 

Frequently Asked Questions

What is the “Scaffold Law” in New York?

It’s another name for NY Labor Law § 240, which protects workers from falls and falling objects on construction sites.

Do I still have a case if I was partially at fault?

Yes. Even if you made a mistake, you may still have a strong claim under Labor Law 240 because of its strict liability standard. In some cases, CPLR § 1411 (comparative fault) may also apply.

How long do I have to file a claim?

Under CPLR § 214, you generally have three years from the date of the accident to file a lawsuit.

Can I sue if I’m already getting workers’ compensation?

Yes. A Labor Law 240 claim is separate from workers’ compensation and can provide additional compensation.

What if my employer didn’t provide safety equipment?

That is exactly what Labor Law 240 is designed to address. Lack of proper equipment is often the key factor in these cases.

Final Thoughts

Construction work is dangerous—but New York law provides strong protections for workers who are put at risk. If you were injured in a fall or struck by a falling object, NY Labor Law 240 may give you the right to pursue full compensation.

If you were injured anywhere in Westchester County — including White Plains, Yonkers, New Rochelle, or along major corridors like I-287 — contact Billy Cooper Law at (914) 809-9945 for a free consultation or fill out our contact form to get started.