New York Labor Law 240 “Scaffold Law” Attorneys Serving All Five Boroughs and New Jersey

The construction accident attorneys at Hofmann & Schweitzer represent workers injured in scaffold, ladder, and roof falls throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as New Jersey. For more than 40 years, our firm has used New York's construction Labor Laws Labor Law 240 (the Scaffold Law), Labor Law 241(6), and Labor Law 200 to recover full compensation for injured workers, well beyond what workers' compensation pays.

If you were hurt on a construction site, your employer, the property owner, the general contractor, and their insurance companies all have representation. You should, too.

Please contact our office at 212-465-8840 for a FREE, personalized review of your case.

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What Is New York Labor Law 240, the Scaffold Law?

New York Labor Law § 240(1)—commonly called the “Scaffold Law”—requires owners and general contractors to furnish and properly place safety devices such as scaffolds, hoists, ladders, harnesses, and guardrails so that workers are protected from elevation-related hazards. When that protection is missing or defective and a worker is hurt in a fall or a struck-by-object accident, the owner and contractor face strict, or “absolute,” liability.

Strict liability means the injured worker does not have to prove the owner or contractor was careless—only that a statutory safety violation was a proximate cause of the injury. It is the strongest construction-worker protection statute in the United States, and it exists only in New York. You can read more about all three of the state's key statutes in our overview of the Labor Laws that protect New York City construction workers.

What Must Be Proven Under Labor Law 240

• The work involved an elevation-related (gravity) risk—a fall from height, or an object that fell or was being hoisted;
• An adequate safety device was absent, defective, or improperly placed; and
• That failure was a proximate cause of the injury.

Why Labor Laws 240, 241(6), and 200 Make Construction Cases Different

Most workplace injuries are limited to workers' compensation benefits. Construction accidents are different because three New York Labor Laws let injured workers hold property owners and contractors directly responsible, often resulting in recoveries far larger than workers' compensation alone. Serious cases are frequently built on more than one of these statutes.

New York Labor Law Protections for Construction Workers

• Labor Law 240 (“Scaffold Law”): Absolute liability for height-related accidents, including falls from scaffolds, ladders, and elevated work areas, and injuries from falling objects.
• Labor Law 241(6): Requires safe working conditions and compliance with specific New York Industrial Code (12 NYCRR Part 23) rules. In Bazdaric v. Almah Partners (2024), New York's highest court broadened the slipping-hazard rule 23-1.7(d), expanding the violations that can support a 241(6) claim.
• Labor Law 200: Addresses general workplace-safety negligence by owners and contractors who created the hazard or had notice of it and control over the work.

Scaffold Law Accidents Our NYC Attorneys Handle

The Scaffold Law reaches two broad categories of gravity-related accidents—falls from height and injuries from falling or hoisted objects. Our attorneys handle the full range, including:

Scaffolding Collapses and Falls

Falls from scaffolding caused by unsecured, defective, or improperly built structures are the classic Labor Law 240 case. We investigate whether appropriate safety devices were provided and pursue Scaffold Law claims where they were not.

Ladder Falls

Ladder slips, kick-outs, and defects that cause a worker to fall are covered when a proper safety device was not provided. New York's ladder safety laws for construction sites and Labor Law 240 give these workers powerful claims.

Falls From Roofs, Edges, and Openings

Falls from roofs, beams, and unguarded building edges, and falls through unguarded floor openings, hatches, or skylights, all involve the elevation differential the statute addresses.

Falling and Hoisted Objects

Tools, materials, or debris that fall on a worker below, and loads that fall while being hoisted, are covered by the Scaffold Law. New York's highest court has confirmed that the law protects against the harmful application of the force of gravity even where the worker does not personally fall.

Crane and Hoist Accidents

Crane failures and collapses and hoist accidents can result in devastating injuries. Our attorneys identify every responsible party in these complex cases.

Who Can Be Held Liable Under the Scaffold Law?

Labor Law 240 places a non-delegable duty on:

• Property owners, including many owners who never set foot on the site;
• General contractors; and
• Their agents, such as construction managers with authority to supervise or control the work.

Because the duty is non-delegable, an owner or general contractor cannot escape liability by arguing that a subcontractor was responsible for safety. Your own employer is usually protected from a direct lawsuit by workers' compensation, but the owner and general contractor remain fully answerable. That is why a third-party Labor Law case can be brought alongside a workers' compensation claim, and it is a good idea to report safety violations on the construction site as soon as possible.

Which Workers Are Protected and the Homeowner Exemption

Labor Law 240 protects people engaged in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure. Protected workers commonly include ironworkers, carpenters, masons, and laborers; roofers, painters, and window washers; electricians, plumbers, and HVAC installers on construction and alteration projects; and demolition and renovation crews.

Routine maintenance that is not part of a construction or alteration project is generally not covered. Owners of one- and two-family homes are exempt when they contract for work but do not direct or control how it is done; that exemption does not apply to buildings with three or more units, commercial property, or homeowners who actively supervise the work.

Does Your Own Fault Reduce Your Recovery?

In a standard negligence case, your own carelessness can reduce or defeat your claim. Labor Law 240(1) is different: comparative negligence is not a defense. If a statutory safety violation helped cause your fall, the fact that you may have made a mistake does not cut your recovery. Owners and insurers frequently try to blame the injured worker anyway, so experienced counsel matters. Under Labor Law 241(6), comparative fault can reduce a recovery, but it will not eliminate a valid claim.

How Long Do You Have to File a Scaffold Law Claim?

• Personal injury: generally three years from the accident (CPLR § 214).
• Wrongful death: generally two years from the date of death (EPTL § 5-4.1).
• Claims involving a public or municipal entity (such as the City of New York, the MTA, or a public authority): a Notice of Claim usually must be served within 90 days, with suit filed within one year and 90 days (General Municipal Law § 50-e).

Deadlines are strict, and shorter timelines can apply. Missing one can permanently end an otherwise strong claim, so it is important to speak with an attorney as soon as possible after an injury.

Construction Accident Case Results

Results matter when choosing a construction accident law firm. Recent recoveries by our attorneys include a $7 million settlement for a dock builder injured by a mooring cable on an offshore wind project, a $1,425,000 settlement for an injured surveyor under Longshore 905(b), and a $950,000 recovery for a construction worker's neck and shoulder injuries. Review more of our construction accident case results to see what our clients have recovered.

Frequently Asked Questions About the Scaffold Law

Compensation for Your Scaffold Law Claim

A third-party Labor Law claim can recover damages that workers' compensation does not, including:

• Medical Expenses: Hospital charges, surgery, medications, rehabilitation, and future treatment needs.
• Lost Income: Full past and future lost earnings, not just the fraction workers' compensation pays.
• Diminished Earning Capacity: If your injuries prevent you from resuming your construction career.
• Pain and Suffering: For the physical and emotional toll of your injuries.
• Wrongful Death Damages: Where a construction accident is fatal (EPTL § 5-4.1).

Serious falls often cause traumatic brain injuries and spinal cord trauma, which carry lifelong costs. Insurance companies often try to minimize payouts, particularly for non-economic damages like pain and suffering. Our NYC construction accident attorneys vigorously pursue maximum compensation for you.

Why Choose Hofmann & Schweitzer for Your Scaffold Law Case

For over 40 years, we've exclusively represented injured workers—never insurance companies or employers. Our attorneys understand construction site hazards, safety regulations, and the tactics insurers use to minimize Scaffold Law claims.

• Deep knowledge of New York Labor Laws 240, 241(6), and 200.
• Experience with OSHA regulations and safety standards.
• Immediate investigation that preserves scene photos, equipment, safety logs, and records before conditions change.
• A network of construction-safety engineers, life-care planners, and medical specialists to prove the full value of your case.
• No fee unless we win. We advance case costs, and you owe nothing unless we recover for you.

Our attorneys represent injured workers in every borough, including through our Queens construction accident lawyers, from our Midtown Manhattan office at 212 W 35th Street and our Raritan, New Jersey office.

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Contact Our NYC & NJ Construction Accident Attorneys Today

Don't let general contractors, property owners, or insurance companies take advantage of you. You have valuable rights under New York Labor Law 240, 241(6), and 200, but those rights must be protected from the moment of your injury. During your free consultation, our construction accident attorneys will review the details of your accident, explain your rights under New York's construction labor laws, discuss the compensation you may be entitled to, and outline a strategy for your case.

New York Office: 212 W 35th St Fl 12, New York, NY 10001 — 212-465-8840
New Jersey Office: 1130 US-202 Ste A7, Raritan, NJ 08869 — 908-393-5662

Proudly serving injured construction workers throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Newark, Jersey City, and the entire New York and New Jersey metropolitan area. You can also request our FREE guide, Hurt in a Construction Accident? You're Not Alone.