US-New YorkAm I protected by the Scaffold Law if I'm injured on a construction site?
Yes, if you're a worker injured while performing construction, demolition, or repair work at an elevation in New York, you are likely protected by the Scaffold Law (Labor Law § 240(1)).
What the Law Says
New York’s Scaffold Law — Labor Law § 240(1) — imposes strict liability on owners and contractors for gravity-related injuries to workers performing elevated construction, demolition, or repair work.
The law requires employers and property owners to provide proper safety devices — like scaffolds, hoists, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices — to protect workers from elevation-related hazards.
It applies regardless of whether the worker was negligent or contributed to the accident. If a safety device is missing, inadequate, or improperly placed — and that failure leads to a gravity-related injury (e.g., fall from height, falling object striking worker) — the defendant is automatically liable.
The law covers employees engaged in 'erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.' It does not apply to routine maintenance or purely interior tasks without elevation risk.
Statutory TextAll 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, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure, shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
— New York Labor Law § 240(1) — Safety for workers at elevations
What Courts Have Said
New York courts have consistently interpreted Labor Law § 240(1) broadly to prioritize worker safety in elevation-related tasks.
Held that § 240(1) applies even when the injury results from a falling object (not a fall), as long as the object’s descent was caused by gravity and the safety device failed to prevent it.
Clarified that the statute applies only when the work involves an elevation differential and the injury stems from that differential — routine floor cleaning without elevation risk is excluded.
What to Do
Seek immediate medical attention and document all injuries and conditions at the scene.
Report the incident in writing to your supervisor and union rep (if applicable) within 24 hours.
File a workers’ compensation claim promptly — this is separate from your Labor Law § 240(1) lawsuit.
Consult a New York construction injury attorney within 30 days — the statute of limitations for filing suit is 3 years from the injury date.
Preserve evidence: photos of the site, equipment used, witness names, and any safety violation notices.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.