Construction sites in New York are inherently dangerous, with workers regularly exposed to falls from heights, moving equipment, and hazardous structures. For those injured while working on elevated surfaces, Labor Law § 240—commonly known as the Scaffold and Fall Protection Law—provides crucial protections. This law is designed to safeguard workers and ensure that property owners, contractors, and employers take responsibility for maintaining safe work conditions at heights.
What Is Labor Law § 240?
Labor Law § 240 is a New York State statute aimed specifically at preventing injuries caused by falls from heights or accidents involving scaffolds, ladders, and other safety devices. Unlike Section 200, which establishes a general duty of care, Section 240 imposes a strict liability standard. This means that if a worker is injured due to a failure to provide proper fall protection, the employer or property owner may be held legally responsible regardless of whether they exercised ordinary care.
The law applies to construction, demolition, and repair work where workers are exposed to elevated hazards. It is particularly significant because falls remain one of the leading causes of serious injuries and fatalities in the construction industry.
Who Is Protected by Section 240?
Section 240 covers all construction workers who are exposed to a risk of falling while performing their duties. This includes:
- Workers on scaffolding, ladders, or temporary platforms
- Roofers, window installers, and painters working at heights
- Electricians, carpenters, and other tradespeople performing elevated work
Essentially, if you are injured while working above ground level due to unsafe scaffolding, improper safety devices, or failure to provide fall protection, Section 240 may apply to your case.
Common Accidents Covered Under Section 240
Section 240 specifically addresses injuries resulting from falls and inadequate safety measures at elevated worksites. Examples of common accidents include:
- Falls from scaffolds that were improperly assembled or maintained
- Accidents involving ladders that were unstable, damaged, or used incorrectly
- Workers struck by falling tools or materials due to missing guardrails or harnesses
- Collapse of temporary platforms or hoisting equipment
These types of accidents often occur because employers or contractors fail to provide proper safety devices or training, which Section 240 strictly requires.
How Section 240 Protects Injured Workers
Unlike general negligence claims under Section 200, Section 240 allows injured workers to pursue compensation without proving that the employer was careless. To recover damages, the injured worker must show that:
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- They were performing work that involved a risk of falling
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- The accident was caused by the failure to provide adequate fall protection, scaffolding, or safety devices
Compensation under Section 240 can include medical expenses, lost wages, pain and suffering, rehabilitation costs, and long-term disability. Many claims also overlap with workers’ compensation, but Section 240 allows injured workers to seek additional recovery from responsible parties such as contractors or property owners.
Why Hiring a Construction Accident Lawyer Is Critical
Claims under Section 240 can be complex. Insurance companies and contractors often attempt to minimize payouts, even though the law imposes strict liability. An experienced New York construction accident lawyer can:
- Investigate the accident and identify all responsible parties
- Collect evidence, including photographs, safety inspections, and witness statements
- Determine whether proper scaffolding, ladders, or fall protection equipment was provided
- Pursue maximum compensation through negotiation or litigation
Having legal guidance ensures that workers can focus on recovery while their attorney handles the intricate legal process.
Steps to Take After a Fall or Scaffold Accident
If you experience a fall or scaffold-related accident, it is important to act quickly. Begin by seeking immediate medical care and reporting the incident to your employer. Document the scene with photographs and preserve any evidence related to the safety devices or scaffolding involved. Identify coworkers or witnesses who observed the conditions leading to the fall. Contact a construction accident lawyer promptly to discuss your rights under Section 240. Early action is critical to preserving evidence and building a strong case.
Key Responsibilities of Employers and Property Owners
Section 240 places strict duties on employers, contractors, and property owners to provide adequate protection against falls. Responsibilities include:
- Ensuring scaffolds, ladders, and other elevated platforms are properly designed, constructed, and maintained
- Providing personal protective equipment, such as harnesses and guardrails, when necessary
- Supervising elevated work and ensuring proper safety practices are followed
- Correcting known hazards immediately to prevent accidents
Failure to meet these responsibilities can result in significant liability for injuries sustained at elevated worksites.
How Section 240 Differs from Section 200
While both Section 200 and Section 240 protect construction workers, there are important differences. Section 200 establishes a general duty of care and requires proof of negligence, while Section 240 imposes strict liability for falls and scaffold-related injuries. In other words, under Section 240, injured workers do not need to prove that the employer was careless—simply showing that proper safety measures were not provided is sufficient.
Moving Forward After a Section 240 Accident
Construction work carries serious risks, but Section 240 ensures that workers injured from falls or inadequate safety devices are not left unprotected. If you or a loved one has suffered a scaffold or ladder-related injury, it is essential to consult a New York construction accident lawyer. With proper legal guidance, you can identify all liable parties, pursue full compensation for injuries and losses, and hold employers and property owners accountable. Acting quickly is critical to protecting your rights and maximizing recovery under Section 240.