- January 1, 2025
- Tucker Law
- Work Injury
Construction accidents can be quite dangerous, especially in a city with some of the tallest buildings in the U.S. On any given day in NYC, there are hundreds of construction projects, most incorporating some type of scaffolding. In an attempt to protect construction workers against injuries, the state of New York passed legislation. What is the NYC scaffold law? How does it affect injured workers? The answers to these questions can help you if you are injured in a construction accident in NYC.
What Is the NYC Scaffold Law?
While it is often referred to as the NYC scaffold law due to the prevalence of skyscrapers in New York City, the New York scaffolding law actually covers the entire state. The law was passed in 1885 to help protect victims of construction accidents during a time when federal safety rules didn’t yet exist. The scaffolding law is detailed in New York Labor Law sections 240 and 241. It applies a strict liability standard to property owners and employers when an employee is injured in a gravity-related fall from scaffolding due to a lack of proper safety equipment.
Who Is Protected Under the Scaffold Law?
This law was one of the first laws in the U.S. to provide worker protection. According to the law, it applies to any employee who suffers an injury in a gravity-related fall, regardless of what their position is or what work they are doing, if the owner or contractor fails to adhere to the law. Thus, this applies equally to riveters and foremen. It would even apply to a management-level employee if they were visiting a worksite and injured in a fall because they weren’t provided with appropriate safety equipment.
The law requires that all employees who use a scaffold, regardless of why they are on the scaffold, be given appropriate safety equipment to protect them from falls.
Benefits of the Scaffold Law for Injured Workers
The most important benefit that injured workers receive from the scaffold law is that the employer or property owners are strictly liable. This means that the comparative liability standard that applies to personal injury claims in most slip and fall cases doesn’t apply. Even if the worker might be found partially responsible for their injuries in a similar case, that won’t happen in a case involving the scaffolding law. As long as you can prove that your employer failed to provide you with the proper safety equipment to protect you from a fall or failed to meet other requirements under the law, you are eligible to be fully compensated for your injuries.
The other main benefit of this law is that construction employers take more care than they might otherwise to provide extensive protective equipment to employees. The cost of purchasing extra or more effective equipment is significantly cheaper than paying the medical costs and lost wages of a seriously injured worker. NYC construction employers need to meet these higher standards if they want to qualify for insurance. Thus, you are almost certainly better protected at a NYC construction site, at least against falls, than at a construction site in most other states.
If you or a loved one is injured in a construction accident in NYC, the law allows you to get compensation for your injuries. Contact the experienced attorneys at Tucker Lawyers at (516) 399-2364 to learn about your rights and how we can help protect them.
Common Construction Accidents Covered by the Scaffold Law
Despite strict worker protection laws, construction accidents are relatively common in NYC because there is so much construction happening at all times. With thousands of construction workers in the city, accidents are inevitable. The scaffolding law doesn’t protect workers from all types of accidents. The common accidents it will protect you from are:
- Slip and fall accidents due to loose equipment
- Accidents due to overextending to perform duties
- Weather-related falls, like falls related to high winds
- Falls due to equipment failures.
The Role of a Personal Injury Lawyer in Enforcing the NYC Scaffold Law
If you are injured in an NYC scaffolding accident, how can you take advantage of this law? Typically, you will begin the process by filing an insurance claim or lawsuit against your employer. In either situation, you will usually be better off if you hire a personal injury lawyer from Tucker Lawyers. Our legal team is familiar with NYC laws and the insurance processes of all major insurance companies. We know the ins and outs of construction laws in the City and also have the experience to know whether a settlement offer is adequate to meet your present and long-term needs.
You can count on Tucker Lawyers to help you better understand your legal options and how your case is likely to proceed. Let us speak on your behalf, advocating for fair compensation for your injuries. While the law says your employer is strictly liable, they can still dispute the value of your injuries or even claim that you were provided with appropriate safety equipment and failed to use it. Our attorneys will challenge those claims, preferably without having to go to court.
Contact a Construction Accident Lawyer at Tucker Lawyers Today
The New York scaffold law is designed to protect workers who are injured due to the negligence or intentional malfeasance of employers. It has existed for over a century, and yet employers still sometimes violate the law. If you believe that you were injured in a fall because your employer didn’t provide you with the safety equipment you needed to avoid the fall, or if your employer failed to abide by the provisions of construction law in other ways, the construction accident attorneys at Tucker Lawyers may be able to help you get compensation.
Don’t wait after getting injured in a construction accident fall in NYC. Contact our law firm at (516) 399-2364 as soon as possible to discuss your claim with attorneys who have decades of experience.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]