New York Labor Law 240(1) Scaffold Law Lawyer
Section 240(1) of New York Labor Law, commonly called the Scaffold Law, imposes absolute liability on property owners and general contractors when a worker is injured by a gravity-related hazard at a construction site. That means if a scaffold collapses, a ladder shifts, or a worker falls from an elevated surface, the owner and contractor cannot escape liability by blaming the worker or pointing to a subcontractor. No comparative fault. No apportionment. Either the protection was adequate or it wasn’t, and if it wasn’t, liability attaches. For workers in New York City’s construction industry, this law represents one of the strongest protections available anywhere in the country.
What makes New York Labor Law 240(1) Scaffold Law cases both powerful and complicated is the specificity of what the law actually covers. Not every fall at a construction site triggers Section 240(1). Courts have wrestled for decades with questions about what constitutes a “gravity-related” risk, which devices are covered, and what makes a safety device “inadequate” under the statute. A missed interpretation can turn a near-certain recovery into a contested fight. That’s the difference between having an attorney who handles these cases routinely and one who picks them up occasionally.
Cohan Law Firm represents construction workers and laborers injured under Labor Law 240(1) across all five boroughs of New York City. If you were hurt on a scaffold, fell from a ladder, were struck by a falling object, or suffered any gravity-related injury at a construction site, you may have a claim that goes well beyond ordinary workers’ compensation. This page explains what that claim looks like, who is liable, and what steps matter most right now.
What Section 240(1) Actually Covers at New York Construction Sites
The statute requires owners, general contractors, and their agents to provide proper scaffolding, ladders, hoists, slings, stays, braces, ropes, blocks, pulleys, irons, and hooks to give proper protection to workers engaged in covered activities. Those activities include erection, demolition, repair, alteration, painting, cleaning, and pointing of a building or structure. If the work fits that description and the injury involved a gravity-related risk, Section 240(1) applies.
The “absolute liability” standard means a court will not weigh how careful the worker was or whether the worker contributed to the accident. If the required protection was absent or defective, that’s enough. Property owners sometimes argue they didn’t know about the hazard or they weren’t present at the site. That argument doesn’t work under 240(1). The duty is non-delegable, meaning an owner cannot hand it off to a contractor and wash their hands of responsibility.
Courts have also wrestled with the “sole proximate cause” defense, which is the primary way defendants try to defeat 240(1) claims. Under this defense, a contractor or owner argues that the worker’s own completely unforeseeable conduct, not any failure of protection, was the only cause of the accident. This is a narrow defense and courts have applied it cautiously, but it is real. Building the right factual record at the investigation stage is critical to defeating it.
Why Cohan Law Firm Handles These Cases Differently
Cohan Law Firm has recovered over $100 million for accident victims across New York City. That track record was built on the kinds of cases that require serious legal infrastructure, including construction accident claims where the opposing side is an insurance carrier or a real estate developer with substantial resources and experienced defense counsel. Our attorneys bring large-firm backgrounds to cases that smaller personal injury practices may be unprepared to push through to full value.
Members of our team hold membership in the Multi-Million Dollar Advocates Forum, a distinction reserved for attorneys who have secured verdicts or settlements of $1 million or more. Labor Law 240(1) cases frequently reach that level when a worker has suffered significant orthopedic injuries, traumatic brain injuries, or long-term disability. Having attorneys on the team who have already navigated multi-million dollar construction cases is not a credential that’s nice to have. It’s directly relevant to what your case may require.
We work with medical professionals who help us understand the full scope of injuries from the beginning, not after the fact when documentation gaps have already formed. We also use AI-powered legal technology to build stronger evidentiary records, identify patterns in how specific property owners or contractors have responded to prior safety violations, and move cases forward faster. Our clients consistently describe us as responsive, organized, and genuinely focused on their outcome. Across more than 550 five-star reviews, those themes appear again and again. For a worker facing a long recovery, medical bills, and lost wages, that responsiveness is not a luxury. It’s part of how we build cases that hold up.
Types of 240(1) Claims We Handle for NYC Construction Workers
- Scaffold collapses and failures: When scaffold planks give way, support structures buckle, or improperly assembled staging comes apart, workers sustain catastrophic injuries from falls or from being struck by falling materials. These are core Section 240(1) claims, and liability typically attaches directly to the owner and general contractor.
- Ladder accidents: A ladder that shifts, slides, tips, or breaks because it wasn’t secured, was missing feet, or was placed on an unstable surface can give rise to a 240(1) claim. The inquiry focuses on whether the ladder provided adequate protection for the task being performed.
- Falling object injuries: Section 240(1) covers workers struck by objects that fall because of the absence of proper hoisting or securing equipment. This includes tools, materials, concrete, and debris falling from above at active construction sites throughout Manhattan, Brooklyn, Queens, and the Bronx.
- Unsecured floor openings and roof work: Workers who fall through floor openings, roof hatches, or unguarded edges at elevation are protected under the Scaffold Law when proper covers, guardrails, or safety nets were not in place.
- Demolition and renovation projects: Labor Law 240(1) applies not just to new construction but to demolition, gut renovations, and alteration work. Many serious injuries in New York City occur at occupied residential and commercial buildings undergoing renovation, not just large commercial sites.
- Hoist and rigging failures: When a hoist, pulley, or rigging system fails while lifting heavy materials, the worker operating or working near the equipment may have a direct 240(1) claim based on the failure of a specifically enumerated safety device under the statute.
- Trench and excavation elevation risks: Courts have extended 240(1) protection to certain below-grade elevation risks where the danger arises from the difference in elevation between the worker and the worksite surface.
After a Scaffold or Fall Accident in New York: What the Next Hours and Days Require
New York Labor Law claims have a three-year statute of limitations from the date of injury for most Section 240(1) cases. But that deadline is deceptive. The evidence that makes or breaks these cases degrades fast. Scaffolding gets reassembled or replaced. Ladders disappear from job sites. Safety logs are altered or discarded. Witnesses move on to other projects. The attorney who investigates within days of the accident works with an entirely different evidentiary record than one who shows up six months later.
Report the accident to your employer or the general contractor supervisor on site immediately, and do it in writing if at all possible. Get medical attention right away, both for your health and because medical records from the day of injury are foundational to proving the extent and cause of your injuries. If you can take photographs of the scene, the equipment that failed, and the area where the accident occurred before anything is changed, do so. If coworkers witnessed what happened, note their names.
One critical point for construction workers in New York: you may have both a workers’ compensation claim and a separate Labor Law 240(1) claim against the property owner and general contractor. These are not the same thing. Workers’ compensation from your employer is one avenue, but it caps your recovery and limits what you can pursue. A Section 240(1) claim against a third party, meaning the owner or GC who is not your direct employer, can recover full lost wages, pain and suffering, and long-term damages that workers’ comp will not cover. Many workers do not realize they have both claims available, and settling only the workers’ comp piece without pursuing the Labor Law claim leaves significant money on the table.
Construction injury cases in New York City may be litigated in Supreme Court in the county where the accident occurred, whether that’s New York County in Manhattan, Kings County in Brooklyn, Queens County, Bronx County, or Richmond County in Staten Island. Each courthouse has its own procedural pace and local rules that an attorney familiar with the venue will navigate more efficiently than one who is not.
Avoid speaking with insurance adjusters representing the property owner or general contractor without counsel. These are experienced professionals whose job is to minimize what the insurance carrier pays. Anything you say in those conversations can be used to build a sole proximate cause defense against you.
Questions New York Construction Workers Ask About Labor Law 240(1)
Does Section 240(1) apply if I was partially at fault for my accident?
For most Section 240(1) claims, comparative negligence is not a defense. The liability is absolute, meaning if the protective device was inadequate, the owner and contractor are liable regardless of how the worker’s actions contributed. The only recognized exception is the narrow “sole proximate cause” defense, where defendants argue that the worker’s completely unforeseeable act was the only cause of the accident and that adequate protection was available but the worker chose not to use it. Courts apply this defense narrowly.
My employer is saying this was covered by workers’ compensation and I can’t sue anyone. Is that true?
Workers’ compensation from your direct employer generally limits your right to sue that employer. However, Labor Law 240(1) claims are typically brought against the property owner and general contractor, who are different parties from your direct employer. New York law expressly allows these third-party claims, and pursuing one does not affect your right to receive workers’ compensation benefits from your employer simultaneously.
Does 240(1) cover injuries that happen on a private one- or two-family home?
New York Labor Law includes an exception for owners of one- and two-family dwellings who contract for work but do not direct or control it. This exception is specific and contested. Homeowners who exercise supervision or control over the work may not qualify for the exception. Whether the exception applies is a fact-specific inquiry that depends on the owner’s actual involvement in the project.
What if the general contractor says I was using the ladder wrong?
The general contractor and property owner will almost always argue that the worker misused the equipment as part of a sole proximate cause defense. The strength of that argument depends on what the evidence actually shows. Photographs, witness statements, OSHA records, and expert analysis of the equipment all bear on whether the device was defective independent of how it was used. This is why immediate investigation matters so much.
Can I bring a 240(1) claim if I was injured by a falling object, not a fall from height?
Yes. Section 240(1) protects workers from two categories of gravity-related hazard: workers who fall from elevation, and workers who are struck by objects that fall from elevation because of inadequate securing or hoisting equipment. A worker struck by materials, tools, or debris falling from above may have a direct 240(1) claim even if the worker themselves was at ground level at the time of the accident.
Does 240(1) apply to maintenance and cleaning work, not just construction?
The statute covers several enumerated activities including cleaning, painting, and repair in addition to construction and demolition. Whether cleaning or maintenance work qualifies as a covered activity under 240(1) depends on the nature of the task, the type of structure, and how courts have interpreted those categories. Building services workers, window cleaners, and maintenance workers have successfully brought 240(1) claims, but the analysis is activity-specific.
How long do 240(1) cases typically take in New York City courts?
Timeline varies significantly based on the complexity of the injuries, how quickly liability is contested, and the specific court where the case is filed. Many Labor Law cases resolve through negotiated settlement after depositions and expert discovery. Cases that go to trial can take several years in some New York City courts. Serious injury cases tend to involve more extended litigation because more is at stake and defendants resist early settlement. A firm with the infrastructure to sustain that process without pressuring clients to settle early is important for maximizing the final recovery.
What if my employer pressures me not to file a claim?
New York law prohibits retaliation against workers for pursuing workers’ compensation claims or workplace injury claims. If an employer pressures, threatens, or retaliates against a worker for asserting their legal rights after a construction accident, that conduct may itself give rise to additional legal claims. Document any such pressure in writing.
Can undocumented workers bring a Section 240(1) claim in New York?
New York courts have consistently held that immigration status does not bar a worker from bringing a Labor Law claim. The protections of Section 240(1) apply based on the nature of the work performed, not the worker’s documentation status. Undocumented workers are entitled to pursue full compensation for their injuries under the Scaffold Law.
Do I need an expert witness to win a 240(1) case?
Expert testimony is frequently used in these cases, particularly to establish what safety standard applied to the work being performed, whether the equipment in use met that standard, and the causal relationship between the failure of protection and the worker’s specific injuries. Engineering experts, safety consultants, and medical experts often all play a role in serious scaffold and fall cases. An attorney handling these cases routinely will have established relationships with the right experts for each aspect of the claim.
Representing Construction Injury Clients Across New York City and Beyond
Cohan Law Firm represents construction workers injured under Labor Law 240(1) throughout New York City and the surrounding region. In Manhattan, we handle claims arising from residential and commercial high-rise construction in neighborhoods from Midtown and the Financial District through the Upper West Side, Upper East Side, Harlem, and Washington Heights. In Brooklyn, we represent workers injured at construction sites throughout Downtown Brooklyn, Williamsburg, Bushwick, Crown Heights, East Flatbush, Sunset Park, and Bay Ridge. Our Queens clients come from Long Island City, Flushing, Jackson Heights, Jamaica, Astoria, Forest Hills, and communities throughout the borough. In the Bronx, we handle claims from workers in the South Bronx, Mott Haven, Fordham, Pelham Parkway, and Riverdale. We also represent workers from Staten Island, as well as those working on projects in Nassau County, Suffolk County, and Westchester County. Construction is one of New York City’s dominant industries, and jobsite injuries happen across all of these communities at residential renovations, commercial builds, infrastructure projects, and public works sites alike. Wherever the accident occurred within our service area, our team is prepared to investigate and pursue the claim.
Talk to a New York Labor Law 240(1) Scaffold Law Attorney Today
A serious fall or construction site injury can take months or years to recover from, and the financial pressure that builds in that time is real. Medical bills accumulate. Wages stop. Insurance companies on the other side are already working to protect their interests. A New York Labor Law 240(1) scaffold law attorney at Cohan Law Firm can evaluate your claim, explain exactly what you may be entitled to recover beyond workers’ compensation, and begin building the evidentiary record your case needs before it disappears from the job site. We handle consultations and retain clients digitally, so you never have to leave home to get started. Reach out to Cohan Law Firm for a free and confidential consultation. Hablamos Espanol.