Martin W. Edelman Construction Law Blog on Lawyers.com

What is the Scaffold Law in New York?

The New York Scaffold Law is under Labor Law section 240.  This statute imposes strict liability on general contractors and building owners when workers are injured as the result of a fall from a height.   It requires them to provide workers with proper safety equipment and a safe worksite.  If a construction worker is injured because the owner or general contractor failed to provide for their safety, then the owner or contractor can be held fully liable. New York Scaffold Law applies only to work at elevated heights and does not apply to the owners of one or two family dwellings. This does not mean that the owners of the single family dwellings are exempt from liability.  They might be responsible for any injuries from a tort or negligence standard instead of the statute’s “strict liability.”

Strict liability often applies when people engage in inherently hazardous activities, such as construction work.  In essence, this means that no matter how careful the general contractor or building owner is, they are liable for the injury.  Strict liability in New York construction contract law discourages reckless behavior by forcing owners and contractors to take every possible safety precaution.  By making building owners and general contractors responsible for worksite safety, the Scaffold Law ensures that owners and general contractors pay attention to safety issues.

In the unfortunate event a construction injury occurs, some of the damages that a construction worker can sue for include loss of earnings, medical expenses, rehabilitative expenses, compensation for the pain inflicted, and compensation for permanent disability. There may be compensation for the level of impairment of a spouse or a parent and for permanent suffering such as a disfigurement.

To better know your rights and remedies in a construction site injury, please call toll free one of our construction accident attorneys in New York City at Edelman & Edelman, P.C. at  1-866-925-9195 and speak to a lawyer about your accident.