Understanding New York’s Scaffold Law and Its Impact on Construction Accident Claims

NYC construction accident lawyers explain how Labor Law §240 works

New York’s Scaffold Law – officially known as New York Labor Law §240 – is a unique state regulation designed to protect workers whose job requires them to work on scaffolding or certain other types of equipment that involve working at an elevated height.

New York City construction workers in particular often face serious danger due to working at great heights. If construction workers get hurt while working on scaffolding in New York, Labor Law §240 provides injured construction workers with certain legal protections.

So what does that mean when it comes to construction accident claims? Are injured construction workers still eligible to receive New York workers’ compensation benefits if they also file a construction accident lawsuit? The New York City construction accident lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP explain how the system works.

What is New York’s Scaffold Law?

The Scaffold Law was enacted more than a century ago to provide legal protection for construction workers and anyone else performing tasks at work at elevated heights. Created in 1885 – right around the time of the first “skyscrapers” – New York Labor Law §240 mandates that property owners and contractors must provide necessary safety equipment to workers involved in tasks such as:

Work that requires working “more than 20 feet from the ground or floor,” according to the law.
Erecting or dismantling scaffolding.
Working on ladders, hoists and other elevation devices.
Installing, repairing or maintaining building structures.
Cleaning or painting high surfaces.

If an employer or property owner fails to provide adequate protection and a worker is injured while working on a scaffolding or another elevated surface, the employer or business can be held legally responsible under New York State law.

How does the Scaffold Law protect construction workers?

The primary goal of New York’s Scaffold Law is to provide worker safety by requiring strict adherence to safety standards. Protections offered by the law include:

Strict liability – Employers and property owners cannot escape responsibility by arguing that the worker was partially at fault. If a violation of the law contributed to the injury, liability falls on the responsible parties.
Mandated safety equipment – Employers must provide proper equipment such as harnesses, guardrails and safety nets to prevent falls from scaffolding or a height.
Legal recourse for injured workers – Injured workers often have a direct path to financial compensation for medical expenses, lost wages and other damages, the legal term for financial losses due to negligence.

Common types of accidents covered under the Scaffold Law

The Scaffold Law applies to a wide range of workplace accidents that often occur due to elevation-related hazards, including:

Falls from heights – Whether from scaffolding, ladders, roofs, or other elevated structures, falls are among the most common construction site accidents.
Falling objects – Workers below scaffolding or ladders are at risk of being struck by falling tools, materials or debris.
Equipment failure – Collapsing scaffolds, defective harnesses and unstable ladders can result in severe injuries.
Improper safety measures – The absence or misuse of safety devices can lead to dangerous working conditions and accidents.

Common misconceptions about New York’s Scaffold Law

Despite its clear objective of worker protection, the Scaffold Law is often misunderstood. Some of the most common misconceptions include:

“The law only covers scaffolding.” While scaffolding safety is a primary focus, the law applies to all elevation-related risks, including ladders, hoists and harnesses.
“Workers are always at fault.” Employers and insurance companies may try to blame workers for accidents, but the law holds employers strictly liable for failing to provide adequate protection or violating other parts of New York’s Scaffold Law.
“It only applies to construction workers.” The law applies to a variety of industries, including painters, electricians and maintenance workers performing tasks at heights.

Can injured construction workers file a lawsuit under the Scaffold Law?

In most cases, yes. However, taking legal action in the event of a New York scaffolding construction accident can often be very complicated and typically involves multiple parties and their attorneys.

In general, injured New York construction workers can file a lawsuit under New York’s Scaffold Law if they were hurt in an elevation-related accident due to inadequate safety measures. Unlike workers’ compensation claims, which provide benefits regardless of fault, a lawsuit under Labor Law §240 allows workers to seek additional damages, such as financial compensation for pain and suffering, beyond what workers’ compensation covers.

To pursue a lawsuit under the Scaffold Law, injured workers must demonstrate that:

They were engaged in construction, repair or maintenance work covered under New York Labor Law §240.
The construction accident involved an elevation-related hazard, such as falling from a height or being struck by a falling object.
The property owner or contractor failed to provide necessary and adequate safety equipment.

Filing a lawsuit can provide greater financial recovery, but it often requires detailed documentation and legal representation. An experienced New York City construction accident lawyer can help injured workers understand their rights and navigate the legal process to maximize compensation.

How New York’s Scaffold Law affects injury claims

The strict liability aspect of the Scaffold Law means that injured workers often have legal protections when pursuing claims. Unlike standard personal injury cases, which require proving negligence, the Scaffold Law allows workers to seek compensation if safety violations contributed to their injuries. This can significantly impact claims by:

Simplifying the claims process – Workers do not have to prove employer negligence, only that proper safety measures were not provided.
Maximizing compensation – Injured workers may recover damages (financial compensation) for medical expenses, lost wages and pain and suffering without the hurdles of comparative negligence.
Holding responsible parties accountable – Property owners and contractors cannot shift blame onto subcontractors or workers to avoid liability.

Another important point to remember – even if you are already receiving workers’ compensation benefits as a result of your scaffolding accident, you can still file a lawsuit seeking damages, which is compensation for financial losses.

And if your lawsuit is successful and you receive additional financial compensation, it will not impact your workers’ compensation benefits. Most injured workers in New York are eligible to receive workers’ compensation, regardless of who was at fault.

Challenges workers face in New York Scaffold Law claims

While the law is worker-friendly, navigating a legal claim can still often be very challenging. Common obstacles injured construction workers often encounter include:

Disputes over fault – Employers may argue that the worker’s actions contributed to the accident to limit their liability and legal responsibility.
Insurance company pushback – Insurers often try to minimize payouts by disputing the severity of injuries or arguing that safety measures were provided.
Complex legal procedures – Filing a claim under New York’s Scaffold Law often involves extensive documentation, witness statements and legal expertise. This is why it’s critical that you have an experienced New York scaffolding accident lawyer handling your legal case.

Steps to take if you’re injured in an elevation-related accident

If you are injured while working at a height on a construction site in New York, taking the following steps can strengthen your legal claim and protect your rights:

Seek immediate medical attention – Even if your injuries seem minor, getting checked by a medical professional is essential for your health and to document the injury.
Report the incident – Notify your employer or site supervisor as soon as possible to make sure there is an official record of your construction accident.
Gather evidence – Take photos of the accident scene, your injuries, and any safety equipment (or lack thereof).
Consult an experienced attorney – A New York construction accident lawyer can help you navigate the complexities of a Scaffold Law claim and fight for the compensation you rightfully deserve.

Why legal representation matters in New York Scaffold Law claims

Due to the complexity of Scaffold Law claims and the resistance from employers and insurance companies, having experienced legal representation is crucial. A knowledgeable construction accident lawyer can:

Investigate your accident thoroughly.
Collect evidence to support your claim.
Negotiate with insurance companies.
File a construction accident lawsuit if necessary.
Represent you in court if your case goes to trial.

Protecting your rights under the Scaffold Law

New York’s Scaffold Law can be a powerful tool that protects construction workers from the risks associated with working at heights. Understanding how the law works, the types of accidents it covers and the legal options available can make a significant difference in obtaining compensation.

If you or a loved one has been injured in an elevation-related accident, an experienced New York City scaffolding accident lawyer at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP can help you every step of the way. Our legal team can help you navigate the claims process and fight for your rights.

Contact our law firm and schedule an appointment with a New York City construction accident attorney who puts your best interests first. We have 12 offices conveniently located in New York, including two offices in Brooklyn and one in Manhattan.

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