New York’s Scaffold Law, codified in Labor Law Section 240, has been a subject of considerable debate, often splitting opinions between construction professionals, legal experts, and lawmakers. Here are the four most commonly asked questions about New York’s Scaffold Law.
1. What is the Scaffold Law, and why was it enacted?
The Scaffold Law was enacted in 1885, making it one of the oldest labor laws in the United States. The purpose of this law was to protect construction workers from the dangers associated with working at elevations. It places a legal obligation on property owners/managers and contractors to ensure that scaffolding, hoists, ladders, and other equipment are safe for workers.
Under this law, if a worker is injured due to a fall or an object falling on them from a height, the construction company, property owner/manager or contractor can be held strictly liable for the accident. This means that injured workers do not need to prove negligence (carelessness) on the part of the property owner/manager or contractor to claim damages.
2. How does the Scaffold Law differ from other workplace injury laws?
The Scaffold Law stands out because it imposes strict liability on the responsible parties. Unlike most workplace injury laws, which require proving negligence (carelessness), the Scaffold Law holds employers accountable simply if a safety violation related to height contributed to the injury. Most personal injury cases require the injured party to prove that the defendant’s negligence (carelessness) caused the harm. In Scaffold Law cases, the injured worker does not have to show negligence (carelessness), but only that the injury occurred due to insufficient safety measures. The law specifically addresses injuries related to height such as falls from scaffolds, ladders and other elevated workspaces or injuries caused by falling objects.
While workers’ compensation typically provides benefits to injured workers regardless of fault, it limits the compensation to medical expenses and a portion of lost wages. The Scaffold Law allows workers to file lawsuits for additional damages including past and future pain and suffering, making it a more comprehensive avenue for compensation.
3. Who can file a claim under the Scaffold Law?
Workers engaged in specific construction-related activities may file a claim under the Scaffold Law. These activities include:
- Erection, demolition, or repair of buildings and structures.
- Alteration or painting of structures including cleaning or pointing.
- Scaffolding work, which may include assembly, disassembly or use of scaffolding.
For example, if a construction worker falls say, 15 feet from an inadequately secured scaffold while repairing a building then, under the Scaffold Law, the worker can file a claim against the property owner/manager or general contractor, for damages and injuries resulting from inadequate safety equipment.
4. How has the Scaffold Law helped?
One of the most significant impacts of this law is ensuring accountability. By imposing strict liability, the law gives incentive to contractors and property owners/managers to maintain safer work environments, reducing the likelihood of accidents. For injured workers, it facilitates access to compensation for medical expenses, lost wages, and pain and suffering without the need to prove negligence (carelessness). This is crucial in an industry where workers face high risks daily.
The law has also contributed to a cultural shift toward prioritizing safety on construction sites. Advocates say that the law ensures worker safety by compelling property owners/managers and contractors to adhere to strict safety standards. The law has also helped injured workers to recover substantial damages, providing financial security for workers and their families.
Contacting an Experienced Lawyer
Many construction workers in New York City such as ironworkers, steelworkers, carpenters, masons, bricklayers, painters, window washers, and electricians etc. tend to work from an elevation by using scaffolds, platforms, ladders etc. Scaffolding collapses have the potential to cause major injuries or fatalities.
If you or a loved one has been injured in a construction accident, the experienced New York Scaffolding accident attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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