When Does the Scaffold Law Apply?

New York’s Labor Law Section 240 is one of the most powerful legal protections for construction workers you’ll find anywhere. Often referred to as the “Scaffold Law,” this statute imposes strict liability on property owners and general contractors for elevation-related injuries suffered by workers engaged in certain construction-related tasks. The law is unique to New York and provides critical safeguards for workers whose jobs involve working at heights or being exposed to falling objects.

The law office of Leandros A. Vrionedes, P.C., represents construction workers in New York City who have been hurt in a gravity-related construction accident in NYC, including Manhattan, the Bronx, Brooklyn and Queens. Contact us for a free case review from an experienced New York construction accident lawyer.

The Scaffold Law Explained

Labor Law Section 240(1) mandates that all contractors, owners, and their agents involved in the construction, demolition, repair, alteration, painting, cleaning, or pointing of a building or structure must provide proper safety devices to protect workers from gravity-related risks. This includes devices such as scaffolds, hoists, ladders, slings, ropes, pulleys, braces, and other equipment necessary to prevent falls or to catch falling objects that could strike workers.

What sets the Scaffold Law apart is that it imposes absolute liability on owners and general contractors. This means that if a violation of the statute results in a worker being injured, the responsible party can be held liable regardless of whether they were directly negligent. In other words, the injured worker does not have to prove that the owner or contractor did anything wrong—only that the required safety measures were not provided or failed, and that this failure caused the injury.

Who Is Covered Under the Scaffold Law?

The Scaffold Law is designed to protect a specific group of workers: those who are performing work related to the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure. Workers covered under the law typically include laborers, carpenters, ironworkers, painters, electricians, roofers, and similar tradespeople who perform tasks at heights or are at risk from falling objects.

It’s important to note that the law applies to employees of contractors and subcontractors who are hired to perform the relevant work. Independent contractors may also be covered if they meet certain criteria. In addition, the law covers union and non-union workers alike and applies regardless of the worker’s immigration status.

Who Is Not Covered by the Scaffold Law?

Not everyone associated with a construction project is subject to liability under Labor Law Section 240(1). Notably, owners of one- and two-family homes who contract for work on their property for residential purposes are generally exempt from liability under the Scaffold Law—unless they exert direction or control over the work. This exemption is meant to protect homeowners who hire contractors for renovations or repairs from being held strictly liable for construction-related accidents.

Similarly, architects and engineers are not liable under the Scaffold Law unless they exercise control over the manner in which the work is performed. Suppliers, delivery drivers, and people merely passing through a construction site are also not covered under the law.

What Activities Are Covered?

Labor Law Section 240 applies to specific construction-related activities. Covered tasks include:

• Erection or demolition of buildings and structures
• Repairing or altering any part of a building
• Painting and cleaning, especially when performed on the exterior or in elevated areas
• Pointing of masonry or brickwork

These activities must involve a building or structure, although the definition of a “structure” is interpreted broadly. Courts have found that items such as bridges, water towers, tunnels, and even utility poles can qualify as structures under the law.

Maintenance tasks that are routine, non-construction-related, or cosmetic in nature generally do not fall under the Scaffold Law. For example, replacing a lightbulb in a building might not be considered an alteration, whereas replacing a lighting fixture or rewiring electrical systems likely would be.

What Types of Accidents Are Covered?

The Scaffold Law is triggered by gravity-related accidents—that is, injuries resulting from a worker falling from a height or being struck by a falling object due to inadequate safety measures. Common types of covered accidents include:

• A worker falling from a scaffold, ladder, or roof because the equipment was defective or missing
• A falling object, such as a tool or construction material, striking a worker due to a lack of protective devices like netting or barriers
• Collapses of scaffolds, hoists, or ladders while in use

To establish liability under Section 240, the injured worker must show that the accident was caused by the failure to provide adequate safety devices and that the risk of the accident was foreseeable. If the injury occurred because the worker failed to use the provided safety equipment or acted in a completely unforeseeable way, the defense may argue that the worker was the sole proximate cause of the accident. However, this is a high bar, and courts are often sympathetic to injured workers when safety equipment is inadequate or absent.

It is also essential to understand that Section 240 is not limited to falls from great heights. A fall from a ladder that is only a few feet off the ground may still qualify, depending on the circumstances. Likewise, if a worker is injured by a falling object dropped from just a few feet, but proper precautions were not in place, the law may apply.

How the Scaffold Law Affects Construction Accident Claims

Because Labor Law Section 240 imposes strict liability, it can provide a strong legal basis for an injured worker to pursue a personal injury lawsuit instead of or in addition to receiving workers’ compensation benefits. Workers’ compensation covers medical expenses and a portion of lost wages but does not provide compensation for pain and suffering. A lawsuit under the Scaffold Law allows injured workers to seek full damages, including:

• Pain and suffering
• Full lost wages
• Future medical care and rehabilitation costs
• Loss of earning capacity

These claims are often complex and hotly contested, particularly because insurance companies and defense attorneys frequently challenge whether Section 240 applies in a given case. That’s why it is essential to work with an attorney who is well-versed in New York construction law.

Why the Scaffold Law Remains Controversial

Despite its importance in protecting workers, the Scaffold Law has been the subject of ongoing debate in Albany and among construction industry stakeholders. Critics argue that it drives up insurance premiums and construction costs, particularly on public infrastructure projects. Supporters maintain that the law is vital for holding owners and contractors accountable and ensuring safe working conditions for laborers who take on inherently dangerous jobs.

The law’s future remains a political issue, but for now, it continues to serve as a powerful tool for injured construction workers seeking justice.

Turn to an Experienced New York Construction Accident Lawyer

If you’ve been injured in a fall or struck by a falling object on a construction site in NYC, you may have a valid claim under New York Labor Law Section 240(1). At Leandros A. Vrionedes, P.C., we have deep experience handling Scaffold Law claims and a strong record of success. We understand the challenges workers face after a serious injury and are committed to helping you recover full and fair compensation.

Contact our office today to schedule a free consultation. We’ll evaluate your case, explain your legal options, and fight tirelessly on your behalf. Don’t leave your rights to chance—get the experienced legal representation you need to move forward with confidence.