How Does New York’s Scaffold Law Impact Construction Accident Claims?

Posted in Construction Accidents on May 29, 2026

Scaffolding poses inherent risks, especially when construction employers, project managers, and contractors fail to carefully comply with New York’s laws and OSHA regulations. When a construction worker or a bystander suffers a serious injury in a scaffold accident, an important question is: How does New York’s scaffold law affect my case?

Under New York Labor Law § 240, the law states the following:

“… All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work … shall furnish or erect,

or cause to be furnished or erected for the performance of such labor, scaffolding …and other devices which shall be so constructed, placed and operated as to give proper protection…”

In other words, the law imposes strict liability on contractors and property owners.

Contact a construction accident lawyer in New York City to pursue compensation for your injuries — call (212) 564-2800.

How Does Strict Liability Affect a Scaffold Accident Claim In New York?

Most personal injury cases require the injury victim to prove that another party’s negligence or wrongdoing caused their injury. When the law imposes strict liability on specific parties, an injury victim does not have to prove negligence. Under New York’s scaffold law, the property owner and/or the contractor who erected a scaffold is strictly liable for an injury victim’s damages, without the injury victim having to prove that they were negligent.

What Types of Scaffold Accidents Happen In New York?

Scaffolds are an essential aspect of nearly all construction and renovation projects, including in New York City and throughout the state. Unfortunately, scaffolds are complex structures that must be able to be repeatedly transported, assembled, erected, and disassembled. When a property owner or contractor cuts corners or doesn’t follow the state’s labor law requirements and Occupational Safety and Health Administration (OSHA) regulations, the results can be deadly. Common scaffold accidents in New York include the following:

Slips, trips, and same-level falls
Falls from heights
Struck-by injuries from falling objects or debris
Partial scaffolding collapses
Total scaffolding failure, or total collapse

All of the above accidents result in injuries ranging from mild to severe, causing damages, such as pain, suffering, and potential disability, as well as expensive medical costs and lost wages.

What Types of Injuries Occur In NYC Scaffold Accidents?

Because scaffold accidents range from slip-and-falls on platforms to falls from heights and struck-by injuries from falling objects, there is a wide range of injury types in scaffold accident claims. Common injuries include the following:

Traumatic brain injuries
Bone fractures and skull fractures
Neck injuries
Back injuries
Spinal cord injuries
Internal organ injuries
Lacerations, abrasions, and contusions
Soft-tissue injuries like sprains, strains, and ligament or tendon injuries
Crush injuries

When injuries have adverse consequences on your health, job, and ability to manage daily routines, these are the damages in an injury claim against a property owner or contractor under New York’s strict liability law.

What Damages Can I Recover In a Scaffold Accident Claim In New York?

If you’ve suffered an injury in a scaffold accident, your damages may add up quickly. A successful claim cannot erase the injury, but it does bring compensation for losses such as the following:

Reimbursement for medical expenses
Anticipated future medical costs
Out-of-pocket costs
Lost income
Future income loss or compensation for reduced future earning ability
Compensation for pain and suffering
Catastrophic injury compensation for permanent injuries, such as scarring, loss of limb, disability, hearing loss, vision loss, loss of enjoyment of life, or diminished quality of life

If you lost a loved one in a scaffold accident in New York, you don’t have to be left responsible for the financial consequences of the accident as well as the physical ones. A New York scaffold accident lawyer can help maximize your financial recovery while you focus on your physical and emotional healing after the accident.

Contact our firm online for a no-obligation consultation.