Construction sites are among the most dangerous workplaces in New York City. Workers often perform their duties at significant heights, relying on scaffolds, ladders, and other equipment for safety. When this equipment fails, the results can be catastrophic. Fortunately, New York has a specific law designed to protect these workers: Labor Law § 240, commonly known as the “Scaffold Law.”
What is the Scaffold Law?
The Scaffold Law provides special protections for workers who are injured due to gravity-related accidents, such as falls from heights or being struck by a falling object. This law places absolute liability on property owners and general contractors, meaning they are held responsible for ensuring that safety equipment is properly constructed, placed, and operated to protect workers.
Unlike a standard negligence case, an injured worker does not need to prove that the owner or contractor was careless. If the required safety devices were absent or failed, and that failure led to an injury, the owner and contractor are legally responsible. This makes the Scaffold Law a powerful tool for injured workers seeking fair compensation.
How Does It Affect Your Injury Claim?
If you were injured in a fall from a ladder, scaffold, or other elevated platform, the Scaffold Law may apply to your case. It also covers incidents where you were hurt by tools, materials, or debris falling from above. This protection is critical because it ensures that the parties with the most control over job site safety are held accountable.
Because of this “absolute liability” standard, defenses that are common in other injury cases, like blaming the worker for being partially at fault, are generally not allowed. This significantly strengthens an injured worker’s position when pursuing a claim for damages beyond what workers’ compensation provides, including pain and suffering, full wage loss, and future medical expenses.
Protecting Your Rights After an Accident
Navigating the complexities of the Scaffold Law requires skill and experience. If you have suffered a height-related injury on a construction site, you need an advocate who understands how to build a strong case on your behalf.
At Eric M. Nass, Attorney at Law, PLLC, I am dedicated to fighting for the rights of injured construction workers. I can help you understand your legal options and pursue the maximum compensation you deserve. Contact my office today at 212-300-9881 or complete the online form to schedule a free consultation.