NYC Personal Injury Lawyer » What Is NY Labor Law 240?

What Is NY Labor Law 240?

The ever-expanding real estate market, constant need for building construction, and the necessary repair and maintenance of aging infrastructure make New York one of the busiest construction states. Where there is construction, there are also accidents and injuries. Construction work is inherently dangerous, and falls are the most common cause of injury claims in the construction industry.

One of the most important labor laws in New York is known as the Scaffold Law, or Labor Law § 240. All New York property owners, construction companies, and construction contractors should be deeply familiar with this critical aspect of liability — a NYC construction accident attorney understands the complexities found in with this law and will help you pursue compensation.

Contact us today to schedule a free consultation.

What Is Labor Law 240 In New York?

Labor Law § 240 is unique to New York and allows the victims of falls on construction sites to file claims against property owners and contractors to recover compensation for injury-related damages. Most workplace injury claims are filed with workers’ compensation, which protects employers against liability; however, property owners and subcontractors are not immune to liability.

While this is true in all states, New York’s Labor Law § 240 takes it further by imposing “absolute liability.” Under absolute liability, the defendant has no legal defenses. Absolute liability goes beyond even the “strict liability” standard for some portions of tort law, like product manufacturing and dog bites.

Labor Law § 240 is sometimes called the scaffold law because it applies to all construction site fall injury cases, including the following:

• Falls from scaffolds
• Falls from heights and elevations
• Injuries caused by impacts from objects that fall from heights
• Injuries caused by trying to avoid a fall

Under absolute liability, there is no need for the injury victim to prove fault and no opportunity for the responsible party to mount a defense. Labor Law § 240 removes doubt from liability claims against job site owners and contractors.

What New York Labor Law 240 Means for Contractors and Job Site Owners

In states without the protection of New York’s Labor Law § 240, an injury victim who suffered harm from a fall on a construction site has to prove that the property owner or contractor owed them a legal duty of care to take reasonable measures to avoid allowing injuries to occur, and they breached that duty. This is proving fault for an injury.

Also, the property owner or contractor at fault can defend themselves by demonstrating that the injury victim caused or contributed to their injury through negligence. Under Labor Law § 240, an injury victim doesn’t have to prove fault, and the defendant cannot attempt to prove negligence due to absolute liability.

Because of this labor law in New York, construction contractors and job site owners have a powerful incentive to provide and maintain safety equipment to protect against falls, carefully maintain scaffolds, ladders, and other construction equipment, and provide frequent safety training. They also must carry Labor Law § 240-compliant insurance coverage.

Why Is NY Labor Law 240 Necessary When Construction Workers Have Workers’ Compensation?

An injured New York construction worker doesn’t have to choose between workers’ compensation and an injury claim against a property owner or contractor under Labor Law § 240. Instead, they may file a workers’ compensation claim to receive benefits, and also pursue an injury claim under New York Labor Law § 240 if the injury was caused by a fall or falling object.

Workers’ compensation is limited to medical expenses and a percentage of the injury victim’s lost income and does not provide compensation for pain and suffering. A claim against a contractor or job site owner allows compensation for pain and suffering and other non-economic damages, such as permanent scarring, chronic pain, and diminished quality of life.

How Can a New York Premises Liability Attorney Help?

Suffering fall-related injuries is a painful and traumatic experience that can have lasting or permanent consequences on all aspects of life.

Call The Law Offices of Jay S. Knispel for experienced legal representation with a NYC personal injury lawyer to maximize your financial recovery so that you can focus on your physical recovery.