NY Labor Law 240: New York Scaffold Law Explained (2026)
Short answerYes. New York’s scaffold law, Labor Law § 240(1), makes building owners and contractors liable when a worker is hurt by a fall or a falling object because a ladder, scaffold or other safety device was missing or failed. The worker’s own carelessness is no defense unless it was the only cause of the injury.
Last verified: November 5, 2026 against Labor Law §§ 200, 240 and 241 and Assembly bill A9633
NY Labor Law 240 is the best-known worker injury statute in the state and one of the most debated. It dates back to 1885 and applies to construction, repair, painting and cleaning work on buildings and structures. This page covers what the law requires, who can be held responsible, which defenses work and where the repeal debate stands today.
Key facts
- The law covers falls from heights and objects that fall on workers, not every job-site injury.
- Owners, general contractors and their agents carry the duty, even if they did not supervise the worker.
- An employer is shielded from suit by workers’ compensation, but the owner and general contractor are not.
- The usual deadline to sue for a personal injury is 3 years under
CPLR 214. - Owners of one and two family homes who hire a contractor but do not direct the work are exempt.
- A bill to repeal the law, A9633, has sat in an Assembly committee since January 2026.
What does the New York scaffold law say?
The statute requires contractors, owners and their agents to furnish or erect scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and “other devices” that give workers proper protection. The devices must be built, placed and operated so that they actually protect the worker.
Two more subdivisions add specific rules. Under Labor Law § 240(2), scaffolding more than 20 feet above the ground or floor needs a safety rail at least 34 inches high. Under Labor Law § 240(3), scaffolding must be able to hold four times the maximum weight it will carry.
Why is it called absolute liability?
Courts treat the duty as nondelegable and strict. If a worker falls because a safety device was not provided or did not work, the owner or general contractor is usually liable even if the owner never saw the job site and followed every other safety rule.
The Court of Appeals has said the law protects against “elevation-related risks,” meaning harm from the force of gravity. A worker who falls off a ladder is covered. A worker who cuts a hand on a saw is not. This is why the law is also called the scaffold law, even though ladders cause many of the claims.
Who is protected and who can be sued?
The law protects a person doing covered work such as erecting, demolishing, repairing, altering, painting, cleaning or pointing a building or structure. Union and non-union workers, subcontractors and day laborers can all qualify.
| Party | Can the worker sue under Labor Law 240? |
|---|---|
| Building owner | Yes, unless a one or two family home owner who hired a contractor and did not direct the work |
| General contractor | Yes |
| Subcontractor with authority over the work | Yes, as an agent of the owner or contractor |
| The worker’s direct employer | Generally no, because workers’ compensation is the exclusive remedy |
Because the employer is protected, owners and general contractors often try to pass costs back through contracts and insurance. A claim against an employer for that kind of indemnity is limited by Workers' Compensation Law § 11 to cases of a “grave injury” unless a written contract says otherwise.
What defenses can an owner or contractor raise?
Comparative negligence is not a defense to a Labor Law 240 claim. A worker who was partly at fault can still recover in full. In ordinary New York injury cases, by contrast, fault is split under CPLR 1411.
The main defense is that the worker’s own conduct was the sole proximate cause of the injury. This applies when, for example, the worker had adequate safety devices and chose not to use them or ignored a specific instruction. The Court of Appeals described this limit in Blake v. Neighborhood Housing Services (2003). Owners can also argue that the work or the injury falls outside the statute, such as an injury with no height-related hazard.
How is Labor Law 240 different from 241(6) and Labor Law 200?
| Law | What it covers | Standard |
|---|---|---|
Labor Law § 240(1) | Falls from heights and falling objects | Strict liability, no comparative fault |
Labor Law § 241(6) | General construction site safety, tied to specific rules in the state Industrial Code (12 NYCRR Part 23) | Liability for breaking a specific rule, but comparative fault applies |
Labor Law § 200 | General duty to provide a reasonably safe workplace | Negligence, usually needs notice of the danger or control over the work |
Injured workers often plead all three. Section 241(6) can reach hazards that 240(1) does not, such as a trip on debris, but only if a specific Industrial Code rule was violated.
Is Penal Law 240 the same thing?
No. People searching for “NY Penal Law 240” are looking at a different law. Penal Law Article 240 covers offenses against public order, such as disorderly conduct. The scaffold law is a civil statute in the Labor Law, and it does not create a crime.
Example scenarios (hypothetical)
- Hypothetical, ladder fall: A painter in Brooklyn falls when an unsecured ladder slips. Courts often treat a ladder that slips or collapses for no fault of the worker as evidence that it gave inadequate protection.
- Hypothetical, falling object: A mason in Manhattan is hit by a brick that was not secured while being hoisted. This is a classic falling-object claim.
- Hypothetical, homeowner: A homeowner in Buffalo hires a roofer for a two family house and stays out of the job. The owner exemption likely applies, though the roofer is still responsible.
- Hypothetical, warehouse: An upstate worker is hurt lifting a heavy box with no gravity-related hazard. This is outside Labor Law 240, and workers’ compensation is the main remedy.
New York City rules
Labor Law 240 is a state law, so it applies the same way in New York City and the rest of the state. The city adds its own site safety and scaffold rules through the Department of Buildings, but those rules do not change who is liable to an injured worker under the Labor Law. Federal OSHA rules also apply, and for construction they generally require fall protection at heights of 6 feet or more.
Is the scaffold law being repealed or reformed?
Not yet. Assembly bill A9633, introduced January 21, 2026, would repeal Labor Law 240(1) and Labor Law 241. It was referred to the Assembly Labor Committee and no further action has been recorded. In September 2026, the governor’s office said it had no proposal to announce and that her agenda would come in January. Business groups and affordable housing advocates say they expect a reform push in the next legislative session, while worker safety groups and trial lawyers oppose changes. Until a bill passes both houses and is signed, the current law stays in force.
Pending bills are not law. A bill can change before it passes, so check the status before relying on it.
What to do after a fall at work
- Get medical care and report the injury to your employer right away.
- File for workers’ compensation benefits with the Workers’ Compensation Board. These benefits are separate from a Labor Law claim.
- Write down what device was used, who owned or controlled the site and who gave instructions.
- Keep photos, names of witnesses and the ladder or scaffold if you can.
- Do not wait. The general deadline to sue is 3 years, and claims against a public owner such as a city or state agency have a much shorter notice period.
Frequently asked questions
What is NY Labor Law 240 in simple terms?
It is a state law that requires owners and contractors to provide proper ladders, scaffolds and similar devices for work at heights. If a worker falls or is hit by a falling object because those devices were missing or failed, the owner and contractor are generally liable.
Does the scaffold law only cover scaffolds?
No. The law also lists ladders, hoists, ropes, braces and “other devices.” Many claims involve ladders. The key question is whether the injury came from a gravity-related risk and a missing or inadequate safety device.
Can a worker who was careless still recover?
Usually yes. Comparative negligence does not reduce a Labor Law 240 recovery. The exception is when the worker’s actions were the sole proximate cause, such as refusing available safety equipment.
Does the law apply to homeowners?
Owners of one and two family dwellings are exempt if they hire a contractor but do not direct or control the work. A homeowner who runs the job and supervises the workers can still be liable.
How long do I have to file a claim?
The general deadline for a personal injury lawsuit in New York is 3 years from the injury under CPLR 214. Claims against government owners require an earlier written notice, so act quickly.
Is the scaffold law only in New York?
New York is the state most associated with this strict standard. Reform supporters say most other states moved to fault-based rules long ago, and critics of reform say the strict rule keeps workers safer.
What changed on this page
- November 5, 2026: Published. Confirmed Assembly bill A9633 remains in committee and the governor’s office had announced no proposal as of September 2026.
If this affects you
For a workplace injury, contact the Workers’ Compensation Board and the New York State Department of Labor for safety complaints. A New York-licensed personal injury attorney can explain a Labor Law claim, and the New York State Bar Association lawyer referral service can help you find one. This page is general information, not legal advice. See our Work & Pay guides, New York labor laws, personal injury deadlines, editorial policy and corrections page.
