Scaffold Law Alive and Well in New York
Ongoing Attempts to Weaken Worker Protections Continue to Falter
New York’s landmark Scaffold Law has long stood as one of the strongest worker safety laws in the country. It ensures that when property owners and general contractors fail to provide adequate safety protections for workers at heights, they can be held fully accountable for resulting elevation or gravity-related injuries. Despite repeated attempts by lobbyists and lawmakers to weaken this essential protection, the law remains firmly in place.
Once again, efforts in Albany to curtail the Scaffold Law stalled during the 2025 legislative session. A bill aimed at limiting liability for certain types of residential construction projects failed to advance out of committee before the session adjourned in June. While that bill is technically still alive and could resurface next year, its failure this time around represents another victory for construction workers across New York.
At Leandros A. Vrionedes, P.C., we have seen firsthand how vital the Scaffold Law is in protecting injured workers and their families. Below, we look at what this latest legislative development means, how the law works, and why it continues to play such a critical role in promoting safety and accountability in the construction industry. If you or a family member has been hurt in a fall or hit by a falling object on a construction project in Manhattan, Queens, Brooklyn, or the Bronx, contact our office to speak with an experienced and dedicated New York construction accident attorney.
What the Scaffold Law Does
New York Labor Law §240(1) was enacted in the late 19th century, at a time when industrial construction accidents were rampant and worker protections were minimal. The statute remains as relevant today as ever, covering accidents involving elevation-related hazards such as falls from ladders, scaffolds, or roofs, or being struck by falling, swinging or rolling objects on a construction site.
The scaffold law requires that property owners and general contractors:
“Furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”
When these protections are not provided or are defective and a worker is injured as a result, the owner and contractor can be held absolutely liable. This means the injured worker does not have to prove negligence. Instead, the focus is on whether the injury resulted from a failure to provide adequate safety equipment for work performed at height.
Importantly, comparative fault—the idea that a worker’s own negligence can reduce or eliminate their recovery—does not apply under §240(1). Even if the worker made a mistake, the law places full responsibility on the parties who control the job site and who are best positioned to prevent dangerous conditions from arising in the first place.
A Lifeline for Injured Workers
The Scaffold Law is sometimes called a “strict liability” statute, but that phrase can be misleading. The law doesn’t automatically make owners or contractors responsible for every accident. Workers still must show that the injury was caused by a gravity-related hazard that the law was designed to prevent.
For example:
- A roofer who falls because a harness or anchor point failed.
- A painter who falls when a scaffold collapses or shifts unexpectedly.
- A laborer struck by a falling beam that was not properly secured overhead.
In each of these cases, the Scaffold Law ensures that injured workers have a strong legal remedy. The result has been safer job sites, better training, and higher accountability among construction employers, although accidents still happen when profit pressures lead to shortcuts.
Recent Legislative Efforts to Change the Law
During the 2025 legislative session, lawmakers once again introduced a bill, this time known as S3418 in the Senate, that sought to limit the reach of §240(1). The bill proposed exempting certain contractors who build new one-family homes from Scaffold Law liability. It also would have made corresponding changes to Labor Law §241, which governs general site safety and requires compliance with New York’s Industrial Code (Rule 23).
Supporters of the bill claimed it would lower the cost of home construction by reducing insurance premiums for small builders. Opponents, including labor unions, worker advocates, and safety professionals, warned that the proposal would open the door to widespread abuse and would weaken essential protections that have kept New York’s construction industry among the safest in the nation.
Ultimately, the bill failed to advance out of committee before the legislative session ended in June. That means it never reached the floor for debate or a vote. However, the measure can still be revived in the 2026 session, so advocates for worker safety will continue to keep a close watch.
Why Attempts to Weaken the Scaffold Law Keep Failing
This is far from the first time legislators have tried to roll back New York’s Scaffold Law. Similar bills have been introduced regularly for more than a decade—often backed by powerful real estate and construction industry lobbies—but none have made it past the committee stage.
The reasons are clear:
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Worker safety remains a public priority. New York has a long tradition of supporting labor rights and workplace safety. Weakening the Scaffold Law would undermine one of the few remaining statutes that place the burden squarely on those in control of job site safety.
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The data doesn’t support the critics. Industry groups often claim the law increases insurance costs, but multiple studies have failed to find a clear link between the Scaffold Law and excessive insurance rates.
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Union and community opposition. Any proposed change tends to face strong resistance from labor organizations, worker advocates, and the public.
In short, the law’s supporters continue to make a persuasive case that the human cost of construction accidents far outweighs the financial concerns of large developers.
The Broader Legal Framework: Sections 240(1), 241(6), and 200
The Scaffold Law is just one of several New York statutes that protect construction workers. Together, Labor Laws §§240(1), 241(6), and 200 form a comprehensive safety net:
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§240(1) (the Scaffold Law) covers gravity-related hazards and imposes absolute liability for failure to provide proper protection.
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§241(6) requires owners and contractors to comply with detailed safety standards in the Industrial Code. It allows injured workers to sue when those standards are violated, though comparative fault can apply.
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§200 reflects the general duty to provide a safe workplace, similar to traditional negligence principles.
These laws are critical because workers’ compensation benefits, while essential, often fall short of fully compensating an injured worker for their losses. Through a civil lawsuit under these provisions, an injured worker may recover damages for pain and suffering, lost wages, reduced earning capacity, and other long-term harm.
Why the Scaffold Law Still Matters
Construction remains one of the most dangerous industries in New York. Despite advances in safety technology, falls from height continue to be the leading cause of death and serious injury among construction workers.
Without the Scaffold Law, many injured workers would be left with no recourse beyond workers’ compensation, which does not cover pain and suffering and often provides limited wage replacement. The law shifts the incentive structure by making it financially imperative for contractors and property owners to take safety seriously and ensure that protective equipment is properly installed and maintained.
Every year, the Scaffold Law holds negligent actors accountable and ensures that families are not financially devastated because an employer failed to provide safe working conditions.
The Law Remains Strong—for Now
While the latest attempt to amend the Scaffold Law has failed, advocates caution that the debate is far from over. The same bill can easily be reintroduced in 2026, and industry lobbyists will continue pushing for changes that limit liability and weaken worker protections.
For now, however, the Scaffold Law remains alive and well, a testament to New York’s ongoing commitment to protecting construction workers from preventable, gravity-related accidents.
Protecting the Rights of Injured Construction Workers in New York
If you or someone you love has been injured in a fall from a scaffold, ladder, or other elevated surface, you have important rights under New York law. These cases are complex, and property owners and contractors often have powerful insurance companies working to minimize their exposure.
At Leandros A. Vrionedes, P.C., we are committed to standing up for injured construction workers and holding negligent owners and contractors accountable. We have extensive experience litigating claims under Labor Law §§240(1), 241(6), and 200, and we fight tirelessly to secure full and fair compensation for our clients.
Call Leandros A. Vrionedes, P.C., today for a free consultation. We’ll review your case, explain your legal options, and help you pursue the justice you deserve.
