Construction work involves serious risks, especially when working at heights. If you oversee projects in New York, you face unique legal obligations, such as adherence to Labor Law 240, that set this state apart from the rest of the nation.
Working with a knowledgeable construction accident lawyer in New York can help you understand these requirements and respond effectively when accidents occur. In this guide, the Law Office of Frank J. Cassisi, P.C., explains Labor Law 240 and what it means for your construction business.
New York Labor Law 240 Imposes Strict Liability on Contractors
New York Labor Law 240, or the scaffold law, creates absolute liability for property owners and contractors when workers suffer elevation-related injuries. This statute applies to construction, demolition, repair, and alteration projects. Unlike standard negligence claims, Labor Law 240 holds owners and contractors responsible even if the injured worker contributed to the accident.
The law requires these parties to provide proper safety equipment for any work involving:
- Scaffolding, ladders, hoists, and rigging
- Fall protection systems and guardrails
- Elevated platforms and staging areas
Property owners and contractors cannot delegate this responsibility to subcontractors or blame injured workers for their own carelessness. According to Chubb, New York experiences 85% more workers’ compensation claims exceeding $5,000 than other states. This high rate adds context to New York Labor Law 240 as it works to minimize complications when claims arise.
Our New York Labor Law 240 Compliance Guide for Contractors
The 2025 Deadly Skyline report for New York states that the construction fatality rate for New York City increased from 11.5 per 100,000 to 11.6 per 100,000 in 2022. According to OSHA, in 2023, there were over 5,200 workplace fatalities, which equates to 3.5 fatalities per 100,000 full-time workers. Construction accounts for a disproportionate share of these deaths, with falls representing the leading cause of fatalities in the industry.
Compliance with Labor Law 240 demands more than basic OSHA standards. Property owners and contractors must implement comprehensive fall protection protocols that address every elevation-related hazard on the site.
Safety programs should include:
- Daily equipment inspections before each use
- Proper anchor points for personal fall arrest systems
- Adequate training documentation for all workers
- Regular site audits to identify elevation hazards
- Written safety protocols specific to each project phase
Scaffold Law Requirements for Subcontractors Create Shared Liability Exposure
Many contractors mistakenly believe they can avoid Labor Law 240 liability by hiring subcontractors. The law explicitly rejects this approach. When a subcontractor’s employee suffers an elevation-related injury, both the general contractor and the property owner face potential liability regardless of who directly employed the worker.
This liability creates complex insurance challenges:
- The property owner’s and contractor’s general liability policy must cover Labor Law 240 claims.
- Subcontractor agreements must include proper indemnification language.
- The property owner or contractor needs additional insured endorsements from all subcontractors.
- Certificate tracking systems help verify continuous coverage.
Construction Site Safety and Liability Under Labor Law 240 Extends Beyond Falls
While falls are among the leading Labor Law 240 claims, the statute also covers injuries from falling objects. If equipment, materials, or debris strike a worker from an elevated position, property owners or contractors may face strict liability. This includes situations where inadequate hoisting equipment causes loads to fall or where improperly secured materials drop from scaffolding.
Protection protocols must address:
- Toe boards and debris nets on elevated work platforms
- Proper material storage to prevent rolling or sliding
- Barricades and warning systems below overhead work
- Tool tethering requirements for workers at heights
- Hard hat policies for all personnel on active sites
The law applies the same strict liability standards to falling-object injuries. Parties cannot argue that the worker below failed to stay clear of the danger zone or neglected to wear protective equipment.
The Legal Responsibilities of Contractors in Workplace Accidents
When an elevation-related accident occurs, the contractor or property owner’s response affects worker welfare and legal exposure. They must secure the scene, document the conditions, and report the incident in accordance with OSHA requirements. These actions in the immediate aftermath can significantly impact subsequent litigation.
Critical steps include:
- Preserving all equipment involved in the incident
- Photographing site conditions before cleanup or repairs
- Collecting witness statements while memories remain fresh
- Notifying the insurance carrier within the required timeframes
- Avoiding making admissions about fault or liability
Labor Law 240 allows injured workers to sue outside the workers’ compensation system, though they typically cannot sue their direct employer. A scaffolding accident lawyer representing the injured worker will help them pursue compensation under this statute.
Seek Legal Guidance From a Scaffolding Accident Lawyer After Construction Site Injuries
Construction work presents dangers, but New York’s labor laws create unique challenges for property owners, contractors, and subcontractors. Understanding fall protection laws for New York construction projects helps owners protect their businesses and workers understand their rights.
The Law Office of Frank J. Cassisi, P.C., provides comprehensive legal representation for accident victims. We help injured workers understand their legal rights after a trip and fall at a construction site and pursue compensation for damages. Contact the Law Office of Frank J. Cassisi, P.C. at (516) 294-5050 to discuss labor law 240 matters in New York.
FAQs Answered by a Construction Accident Lawyer in New York
Here are answers to common questions about New York’s scaffold law and contractor liability.
Does Workers’ Compensation Prevent Labor Law 240 Lawsuits?
No, workers’ compensation does not bar Labor Law 240 claims against property owners and general contractors. Injured workers can pursue workers’ compensation benefits while simultaneously pursuing a civil lawsuit against a third-party contractor.
Can Contractors Be Held Liable If Workers Ignore Safety Rules?
Yes, Labor Law 240 imposes absolute liability regardless of worker negligence. Even if the injured worker removed safety equipment or violated company policies, contractors and property owners remain fully liable for elevation-related injuries.
What Should Contractors Know About Labor Law 240 Insurance Requirements?
Contractors must verify that their general liability policies specifically cover labor law 240 claims without exclusions. They need substantial liability limits, proper additional insured endorsements from subcontractors, and continuous coverage to protect against strict liability.
