New York’s Scaffold Law – formally called New York Labor Law 240 – is an unusual state measure intended to protect workers whose work requires them to perform tasks on scaffolding or certain other kinds of equipment that require working at an elevated height.
Especially New York City construction workers, who are at serious risk working thousands of feet above ground. If, however, construction workers become injured on the job site while working on scaffolding in New York, they are afforded particular legal rights by way of Labor Law 240.
So what does that mean with regards to construction accident claims? If injured construction workers file a construction accident lawsuit, are they still able to receive New York workers’ compensation benefits? Napoli Shkolniks New York City construction accident lawyers explain how the system works.
What Is New York’s Scaffold Law?
The Scaffold Law was implemented more than a century ago to help protect construction workers and others who are doing work at heights from legal backlash if they were harmed while on the job.
Enacted in 1885 — roughly during the era of the first “skyscrapers” — New York Labor Law 240 requires that property owners and contractors furnish necessary safety equipment to workers engaged in tasks like:
- Work “more than 20 feet from the ground or floor,” per the law.
- Assembling or removing scaffolding.
- Will at times be working on ladders, hoists and other elevation devices.
- Install, repair, or maintain building structures.
- Washing or painting overhead areas.
In such cases, if the proper protection is not offered by an employer or property owner, and a worker is injured while they are working on a scaffolding or otherwise on a high surface, the employer or business can be held legally responsible under New York State law.
Why does the Scaffold Law protect construction workers?
New York’s Scaffold Law is intended primarily to protect workers, by ensuring that safety requirements are followed to the letter. Provision of law include protection for:
- Strict liability – Employers and property owners cannot avoid responsibility by claiming that the worker was partially at fault. If a violation of law caused or contributed to the injury, those who are responsible for the violation can be liable.
- Required safety gear — Workers should be provided with appropriate equipment such as harnesses, guardrails and safety nets to avoid falls from scaffolding or a height.
- Legal remedy for injured workers — Injured workers usually have a straightforward route to getting paid for medical expenses, lost wages and other damages, the legal term for financial losses due to negligence.
Accidents typically covered by the Scaffold Law
The Scaffold Law encompasses a broad variety of workplace accidents that are commonly associated with elevation related risks such as:
- Falls from heights – Falls from scaffolding, ladders, roofs and other elevated structures are some of the most common accidents found on construction sites.
- Falling objects — Scaffolding or ladders can also be common in work environments in construction or building repair, and workers below these areas are at risk of being struck by objects falling from above, including tools and debris.
- Equipment failure — Collapsing scaffolds, defective harnesses and unstable ladders can cause serious injuries.
- Inadequate safety protocols – Failure to use or poorly using safety equipment can result in unsafe work environments and accidents.
Dispelling run-of-the-mill myths regarding New York’s Scaffold Law
Although its aim is clear — to protect workers — the Scaffold Law is often misunderstood. A few of the most discussed of the common myths are:
- “The law applies only to scaffolding.” Scaffold safety is a central focus of the law, but it applies broadly to all risks related to elevation, including ladders, hoists and harnesses.
- “Workers are always to blame.” While employers and their insurance companies may attempt to blame workers for these accidents, the law holds employers strictly liable for failing to provide proper protection or violating other provisions of New York’s Scaffold Law.
- “It only applies to construction workers. The law is applicable to various industries, including painters, electricians and maintenance workers who work from heights.
What is a scaffold law lawsuit for injured construction workers?
In most cases, yes. New York scaffolding construction accidents, however, often need to be brought to court in legal proceedings, comprised of multiple parties and can be extremely complex.
More broadly, New York construction workers who are injured upon elevation as a result of insufficient safety protections can pursue a lawsuit under New York’s Scaffold Law. Unlike workers’ compensation claims, which pay benefits regardless of fault, a lawsuit under Labor Law 240 enables workers to seek additional damages, including money for pain and suffering, in addition to what workers ’compensation would pay.
To file a case under the Scaffold Law, injured workers must show that:
- They were performing construction, repair or maintenance work covered by New York Labor Law 240.
- A construction accident related to an elevation hazard, such as a fall from height or struck by falling object.
- The owner, useful, or contractor with no adequate equipment.
A lawsuit can get you a better financial recovery, albeit you need more documentation and legal representation.
Given the complexities surrounding New York construction accident claims, an injured worker should reach out to an experienced New York City construction accident lawyer, knowledgeable in this area to understand their rights and navigate the process as quickly and efficiently as possible, to potentially maximize compensation.
How the Scaffold Law in New York affects injury claims
The strict liability nature of the Scaffold Law affords injured workers more legal protections when pursuing claims.
Unlike with typical personal injury cases, which require proving negligence, the Scaffold Law allows workers to pursue compensation when safety violations played a role in their injuries. That can make a huge difference to what you can claim by:
- Easing the claims process — Workers do not have to demonstrate employer negligence, only that safe practices were not implemented.
- Maximizing compensation– Injured workers may recover damages (financial compensation) for medical expenses, lost wages and pain and suffering without the hurdles of comparative negligence.
- Accountability of all parties – The owners and contractors cannot push this liability down to their subcontractors or employees and expect to not be liable.
One last thing to keep in mind — even if you’re already receiving workers’ compensation benefits for your scaffolding accident, you’re not precluded from suing for damages, or compensation for lost funds.
And if you win in your lawsuit and obtain additional financial compensation as a result, it won’t affect your workers’ compensation benefits. Most injured employees in New York are entitled to workers’ compensation, no matter who is responsible.
New York Scaffold Law Claim Worker Challenges
The law is beneficial for workers, but pursuing a legal claim can remain a daunting task. Injured construction workers face many hurdles, including:
- Disputes over fault – Employers will try to argue that the worker’s actions caused or contributed to the accident to reduce their liability and legal responsibility.
- Insurance company pushback — Insurers regularly work to limit payouts by disputing how serious injuries are or claiming that safety measures were given.
- Complicated Legal Process – Usually filing a claim under New York’s Scaffold Law requires a significant amount of documentation, testimonial evidence and legal experience. And this is why you need an experienced New York scaffolding accident lawyer to deal with your legal case.
What to do if you are injured in an elevation-related accident
In the unfortunate event of an injury while working at a height on a construction site in New York, taking the following steps is crucial to ensuring that your legal claim is as strong as possible, and that your rights are protected:
- Get Medical Attention Right Away– You should visit a medical professional even if you think your injuries are minor.
- Report the incident — As soon as possible, notify your employer or site supervisor to ensure an official record of your construction accident.
- Collect evidence — Photograph the accident site, your injuries, and any safety equipment (or lack of it).
- Speak to an experienced attorney — An experienced New York construction accident lawyer can help you navigate the intricacies of a Scaffold Law claim and secure you the compensation you rightfully deserve.
Why having a lawyer is vital to New York Scaffold Law claims
Scaffold Law claims are complex, and there may be resistance on the part of the employer and/or the insurance companies, making it important to have an experienced attorney to represent you. A skilled construction accident attorney can:
- Gather evidence that substantiates your claim.
- Negotiate with insurance companies
- If needed, file a construction accident lawsuit.
- Represent you at any trial if your case goes to trial.
Keeping your rights protected under the Scaffold Law
In particular, New York’s Scaffold Law protects workers who perform outdoor tasks from the inherent risks of working at heights.
Knowing how the law operates, what type of accidents are covered and legal options can be very crucial to achieve compensation.
An experienced New York City scaffolding accident lawyer at Napoli Shkolnik can help you every step of the way if you or a loved one have been injured in an elevation-related accident.
Our lawyers can guide you through the claims process and advocate for your rights to maximize your recovery.