Renovating buildings in the fall is a common task for construction workers. However, as the weather changes and conditions become less predictable, the risks associated with working at height increase. Ladders and scaffolds are necessary tools for completing renovation tasks, but they also come with a significant risk of injury. Unfortunately, ladder and scaffold falls are among the most common accidents in the construction industry. These types of falls can lead to serious injuries, including broken bones, spinal cord injuries, and traumatic brain injuries.
New York’s Labor Law 240, also known as the Scaffold Law, provides specific protections for workers injured due to falls while working at height. This law holds contractors and property owners strictly responsible for accidents involving scaffolds, ladders, or other safety equipment. Understanding how Labor Law 240 works can make a significant difference in obtaining the compensation you deserve if you suffer from a fall during a renovation project.
What is NY Labor Law 240? 
New York Labor Law 240 provides workers in the construction, demolition, and repair industries with important safety protections. Specifically, the law requires that workers who perform tasks at elevated heights, such as using scaffolds or ladders, be provided with proper safety equipment and fall protection devices. The law emphasizes the responsibility of contractors and property owners to ensure that their workers are safe while working at height.
Labor Law 240 is unique because it is a strict liability law. This means that an injured worker does not need to prove negligence on the part of the employer or property owner in order to receive compensation. Instead, the law assumes that property owners and contractors are liable for injuries that result from falls if the necessary safety measures, like scaffolds or safety harnesses, were not properly provided or maintained.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Robert J.
Maranto, III
Attorney
Thanon
Rezvi
Attorney
Who is Protected Under Labor Law 240?
Labor Law 240 applies to all workers involved in construction, demolition, and repair tasks in New York. The law is particularly relevant for workers who are required to use ladders, scaffolds, or other height-based equipment. If a worker is injured as a result of a fall from a ladder or scaffold, and the required safety equipment was not provided, they may be entitled to compensation under this law.
This strict liability law extends beyond just general contractors. It holds property owners and anyone who controls the worksite accountable for maintaining a safe environment for workers. Even if the worker is at fault in some way for the accident, Labor Law 240 still allows them to claim compensation from the property owner or contractor. This protection ensures that workers receive adequate care and compensation for injuries caused by preventable accidents.
Common Injuries Resulting from Ladder and Scaffold Falls
Ladder and scaffold falls can result in a wide range of injuries, many of which are severe and life-changing. These injuries are often caused by inadequate safety measures, unstable scaffolds, or failure to properly inspect equipment. Workers who fall from heights are at risk for fractures, head injuries, neck injuries, and even fatalities. The consequences of these injuries can be long-lasting, affecting a worker’s ability to return to work or live independently.
In addition to physical injuries, ladder and scaffold accidents can also cause significant emotional and psychological distress. Victims of these accidents may experience anxiety, depression, or PTSD due to the trauma of the incident. It is important for workers who have been injured in falls to seek immediate medical attention and pursue legal options to ensure they receive the proper compensation for their injuries.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
How Does Labor Law 240 Protect Workers?
Labor Law 240 offers protection to workers by holding contractors, property owners, and others in control of a construction site accountable for accidents that result from falls. The law mandates that appropriate safety measures be taken, such as the installation of scaffolds, guardrails, safety nets, or the use of personal fall protection equipment. These measures are intended to prevent accidents before they happen, ensuring that workers are given the best possible opportunity to stay safe.
In the event that a worker does fall, Labor Law 240 allows them to seek compensation for medical bills, lost wages, and pain and suffering. The law’s strict liability nature means that workers do not have to prove fault or negligence on the part of the employer, making it easier for them to secure the compensation they need to recover.
What to Do After a Fall on the Job Site
If you are injured in a ladder or scaffold fall while working in New York, it is crucial to take certain steps to protect your rights and pursue compensation. First, ensure that you receive immediate medical treatment. Even if your injuries seem minor, it is important to be examined by a doctor to prevent long-term complications.
Once you have received medical attention, document the scene of the accident as thoroughly as possible. Take photos of the area where the fall occurred, including the equipment and any hazardous conditions, such as wet surfaces or faulty scaffolding. This documentation will serve as important evidence in your case. Additionally, report the accident to your employer and file an incident report.
Related Videos
Should I Take The First Settlement Offer?
Steps to File a Personal Injury Claim
You should also consult with a personal injury lawyer who specializes in construction accidents. A lawyer can help you navigate the complexities of Labor Law 240 claims, gather the necessary evidence, and ensure that your case is handled properly. Having an experienced attorney on your side will increase your chances of receiving fair compensation for your injuries.
The Role of a Lawyer in a Labor Law 240 Case
Labor Law 240 cases can be complicated, and having a skilled attorney is essential for navigating the legal process. A personal injury lawyer with experience in construction accidents will understand the intricacies of the law and can help you build a strong case. They can assist with gathering evidence, interviewing witnesses, and working with experts to prove that the necessary safety measures were not provided or maintained.
Additionally, a lawyer can handle negotiations with insurance companies and ensure that you are not pressured into accepting a low settlement offer. If necessary, they can also represent you in court to ensure that you receive the compensation you deserve. Attorneys from firms like Andrews, Bernstein & Maranto, PLLC can provide the expertise and support you need during this difficult time.
Injuries resulting from ladder and scaffold falls are all too common on construction sites, particularly during fall renovations when weather conditions can complicate safety. Fortunately, New York’s Labor Law 240 provides strong protections for workers who are injured due to falls while working at height. If you are injured on the job, you may be entitled to compensation for your injuries, regardless of who was at fault.
Verdicts & Settlements
Labor Law 240 ensures that contractors and property owners are held accountable for maintaining a safe environment for workers, and it provides workers with the opportunity to receive compensation without the need to prove negligence. If you have been injured due to a fall, don’t hesitate to contact Andrews, Bernstein & Maranto, PLLC for a free consultation. Our experienced attorneys are here to help you understand your rights and fight for the compensation you deserve.
If you’ve been injured in a fall while working on a construction site, it’s important to understand your rights under Labor Law 240. Andrews, Bernstein & Maranto, PLLC is committed to helping workers receive the compensation they deserve. Contact our office today for a free consultation with one of our experienced personal injury attorneys.