Falls, slips, and trips killed 370 construction and extraction workers in the United States in 2024, according to the Bureau of Labor Statistics. New York Labor Law 240 exists because of that risk, and it gives injured workers a stronger claim than almost any other state offers.
The law is also technical, with defenses and exceptions that insurers raise in nearly every case. With the I-81 viaduct project and steady commercial construction across Onondaga County, more Syracuse workers are working at height than at any point in recent memory.
What Does New York Labor Law 240 Mean for a Construction Worker Hurt in a Fall?
New York Labor Law 240, known as the New York Scaffold Law, makes property owners and general contractors fully responsible when a worker is hurt in a fall from height or struck by a falling object because proper safety equipment was missing or failed. The worker’s own carelessness generally does not reduce the recovery. Each case turns on its facts, and a lawyer can explain whether the law applies to yours.
Labor Law 240 imposes what courts call absolute liability. If an owner or contractor failed to provide proper protection against an elevation-related hazard, and that failure caused the injury, they are liable. The worker does not have to prove anyone was careless.
In most New York injury cases, a jury weighs everyone’s fault and reduces the recovery by the injured person’s share. Section 240 cases work differently. A worker who was rushing, who set a ladder poorly, or who didn’t tie off perfectly can still recover in full if the safety device provided was inadequate or missing.
Property owners and general contractors are responsible under the statute, along with anyone acting as their agent with authority over the work. The duty is non-delegable. An owner cannot escape liability by hiring a contractor and pointing to that contractor’s safety program.
That rule means the owner can be liable even if it never set foot on the site. A developer, a hospital system adding a wing, or a public agency rebuilding a highway can all be owners under the statute.
There is a narrow statutory exemption under Labor Law § 240 and § 241 for owners of one- and two-family dwellings. A homeowner who contracts for construction, repair, or renovation work on their single-family or two-family home is exempt from absolute liability, provided they do not direct or control the work being performed. However, this exemption does not protect commercial property owners, multi-family apartment buildings, or general contractors.
The text of Labor Law § 240 lists scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, and ropes. Courts also treat harnesses, lanyards, anchor points, and netting as safety devices within the law’s reach.
The question in most cases is simple to state. Was the worker given a device that was adequate for the job, and was it properly placed and secured? An unsecured ladder that slides out, a scaffold without guardrails, or a hoist rope that snaps all point to a violation.
Labor Law 240 covers two kinds of gravity-related accidents: a worker falling from a height, and an object falling on a worker because it was not properly hoisted or secured. The hazard must come from a meaningful difference in elevation.
Covered situations include:
The law also covers specific kinds of work: building, demolition, repair, altering, painting, cleaning, or pointing a building or structure. Routine maintenance, such as replacing a light bulb, usually falls outside it. The line between repair and maintenance is one of the most argued issues in these cases.
A fall at height can cause spinal injuries, fractures, and traumatic brain injury. The medical proof in those cases is its own project, and our team also handles head injuries from a fall at height.
New York has three Labor Law provisions that protect construction workers, and most injury lawsuits plead all three. Each one covers a different kind of hazard and requires different proof.
| Provision | What it covers | What the worker must prove | Does the worker’s fault reduce recovery? |
|---|---|---|---|
| Section 240(1) | Falls from height and falling objects | A safety device was missing or inadequate and caused the injury | No |
| Section 241(6) | Construction, excavation, and demolition hazards | A violation of a specific Industrial Code regulation | Yes |
| Section 200 | General workplace safety | The defendant controlled the work or knew about the hazard | Yes |
Labor Law § 241(6) reaches hazards that are not about height, such as tripping over debris or an unguarded saw. It requires pointing to a specific, concrete rule in the state Industrial Code, not a general safety principle. Section 200 is the broadest and the hardest to win, because it looks like an ordinary negligence claim.
Pleading all three protects the worker. If a court decides the fall was not elevation-related enough for Section 240, the 241(6) or 200 claim can still carry the case.
Owners and contractors cannot argue ordinary carelessness in a Section 240 case, so they rely on a few narrow defenses. Knowing them ahead of time explains why early evidence matters so much.
The defense argues that the worker’s own conduct was the only cause of the accident. It works only when adequate safety devices were available, the worker knew they were expected to use them, chose not to for no good reason, and would not have been hurt if they had.
If the proper device wasn’t provided, or the one provided was defective, the defense fails. Photos of the site, the equipment itself, and coworker accounts decide these disputes.
Owners of one- and two-family homes are exempt from Sections 240 and 241(6) if they did not direct or control the work. The exemption protects a homeowner who hires a roofer. It does not protect a homeowner who is running the project, or one who uses the property mainly for commercial purposes.
Courts also recognize the “recalcitrant worker” defense, which applies when a worker ignored specific, immediate instructions to use an available safety device. It is narrow, and a general instruction to “be safe” is not enough.
Yes. Workers’ compensation pays your medical bills and part of your lost wages, but it does not pay for pain and suffering. A Labor Law claim is a separate lawsuit against the owner and general contractor, not against your own employer.
In New York, workers’ compensation is generally the only remedy against your direct employer. That is why the Labor Law claim matters so much. It reaches the parties who controlled the site, and it opens the door to damages that comp never pays. Put simply, workers’ compensation does not bar a claim against the owner or general contractor.
The owner or contractor may try to bring your employer into the case. New York limits that to cases involving a “grave injury,” such as death, loss of a limb, paralysis, or a brain injury causing permanent total disability, or to cases where the employer agreed in writing to indemnify the owner.
The comp carrier also has a lien on your Labor Law recovery for the benefits it paid, which is negotiated at settlement.
A Labor Law 240 lawsuit can recover the losses workers’ compensation leaves out: pain and suffering, full lost wages rather than the capped comp rate, loss of future earning capacity, and future medical costs. A spouse can also bring a claim for the loss of the injured worker’s services and companionship.
The value depends on the injury and on how long it keeps the worker off the job. A construction career depends on a body that can climb, lift, and kneel. A back fusion or a shattered heel can end that career even if the worker recovers enough for other work, and the lost earning capacity becomes the largest part of the claim.
Because liability under Section 240 is often clear, many of these cases turn on damages. Medical records, vocational testimony, and union wage scales are used to show what the injury actually cost. The comp lien is then negotiated at settlement and reduced by a share of the legal fees the worker paid to recover the money.
Most Labor Law 240 lawsuits must be filed within three years of the injury under CPLR 214. Claims that involve a public owner move on much shorter deadlines.
When a city, county, school district, or public authority owns the project, a notice of claim is generally due within 90 days. When the State of New York is the owner, as on many highway and bridge jobs, the claim goes to the New York Court of Claims, which has its own 90-day window to file a claim or a notice of intention in most cases.
That matters locally. The I-81 viaduct project in downtown Syracuse is a New York State Department of Transportation project, which can put the claim against the owner in the Court of Claims while claims against contractors proceed in state Supreme Court. Sorting out who owns what, early, protects both claims.
Evidence at a job site changes fast. Scaffolds come down, ladders go back on the truck, and the area gets cleaned for the next shift.
Photos of the equipment and the spot where you fell are worth taking as soon as you or a coworker can. Write down the names of the general contractor, your foreman, and anyone who saw the fall. Report the injury to your employer in writing, since workers’ compensation has its own 30-day notice requirement. Keep your boots, harness, and any damaged gear.
Union members can also ask their business agent for the site’s safety records and any incident reports. Those documents can identify who controlled the work that day.
A construction fall case usually involves three insurance companies before it involves a courtroom: the comp carrier, the owner’s insurer, and the general contractor’s insurer. Knowing which one to pursue first shapes everything that follows.
Passalacqua & Associates, LLC offers a free consultation and handles construction injury cases on contingency, so there is no fee unless we recover compensation. A Syracuse construction accident lawyer can evaluate a Labor Law claim alongside your comp benefits. Call +1 (315) 500-6425 to schedule a time at our Syracuse office on South Warren Street.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.