Why Trust This Analysis
This article is part of our ongoing personal injury coverage, with 180 published articles analyzing personal injury issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Bottom line: New York Labor Law §240 (the Scaffold Law) has driven more than $1.1 billion in construction-injury payouts in the last decade — far more per-capita than any other state’s construction-injury regime. The combination of absolute liability for owners and general contractors, the elimination of comparative-negligence defenses, and aggressive Industrial Code application under §241(6) make NY uniquely protective of construction workers. Reform efforts in Albany continue; the substantive law has not changed.
Construction work on Long Island and throughout New York has become increasingly dangerous—and increasingly valuable from a legal compensation standpoint. Recent data reveals that the top 15 New York personal injury outcomes in 2024 and 2025 totaled more than $1.1 billion, with construction cases dominating the list. At the center of these massive recoveries is New York Labor Law 240, known as the “Scaffold Law,” which provides unparalleled protection for injured construction workers.
If you’re a construction worker in Nassau County, Suffolk County, or anywhere on Long Island, understanding Labor Law 240 could be the difference between a modest workers’ compensation claim and a life-changing personal injury settlement.
Record-Breaking Construction Settlements Highlight Law’s Power
The construction industry led 2024-2025’s biggest personal injury payouts, including:
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- $272.5 million settlement for the 2016 Tribeca crane collapse—the largest construction accident settlement in U.S. history
- $53.5 million verdict for a scaffold collapse case with severe injuries
- Multiple eight-figure outcomes for falls, equipment failures, and safety violations
These numbers aren’t outliers—they represent the power of New York’s unique legal framework for construction accidents. The median New York personal injury jury award sits at $287,628, roughly 8.3 times the national median of $34,623. Construction cases under Labor Law 240 routinely exceed even those elevated expectations.
What Makes New York Labor Law 240 Different
Labor Law 240 imposes absolute liability on property owners and general contractors when workers are injured in gravity-related accidents. This means:
No Comparative Negligence Defense
Unlike every other state, New York removes the worker’s conduct from liability considerations. Even if you made a mistake, weren’t wearing safety equipment, or took a risk, the property owner and contractor remain fully liable for your injuries.
Automatic Liability for Specific Accidents
If you were injured in:
- Falls from heights (ladders, scaffolds, roofs)
- Falling object incidents
- Scaffold collapses
- Equipment failures involving elevation changes
The only question isn’t whether the defendants are liable—it’s how much they owe you.
No Damage Caps
Unlike most states, New York doesn’t cap pain and suffering damages. Severe injuries like paralysis, amputations, or traumatic brain injuries can support seven-, eight-, and nine-figure awards when the liability framework holds.
Labor Law §200 vs. §240 vs. §241(6) — Side-by-Side Comparison
The three sections of New York’s Labor Law that protect construction workers operate differently and reach different parties. Every construction-injury complaint should plead all three where the facts support — they’re not duplicative, they’re cumulative.
| Provision | What It Covers | Defendants | Standard of Liability | Comparative Fault as Defense? |
|---|---|---|---|---|
| Labor Law §200 | General workplace-safety duty; “common law of negligence codified” | Owners, general contractors, subcontractors who control means and methods | Ordinary negligence (must show actual or constructive notice) | Yes — full comparative-fault defense available |
| Labor Law §240(1) (“Scaffold Law”) | Gravity-related injuries — falls from height, falling objects | Owners + general contractors (non-delegable) | Absolute / strict liability | No — even if worker was 99% at fault, owner/GC still 100% liable on damages |
| Labor Law §241(6) | Construction-site safety; violations of the NY Industrial Code | Owners + general contractors (non-delegable) | Negligence per se when a specific Industrial Code provision is violated | Yes — comparative fault applies on damages but plaintiffs still get to a jury more easily |
The litigation chess move: §240(1) is the most powerful because comparative fault is not a defense — but it only covers gravity-related risks. §241(6) covers non-gravity construction risks but requires a specific Industrial Code citation. §200 is the catch-all for everything else. Strong complaints plead all three and let the proof at trial determine which sticks.
Who Can Be Sued Under §240(1) — Defendant Map
The defendants reachable under Labor Law §240 are narrower than under a typical negligence claim — but the non-delegable nature of the duty means owners and general contractors cannot escape liability by pointing to the subcontractor whose employee actually got hurt.
| Defendant Category | §240(1) Liability? | Comparative Defense? | Practical Notes |
|---|---|---|---|
| Property owner | Yes (non-delegable) | No (strict liability) | Even an absentee landowner who hired a GC and walked away — still liable |
| General contractor | Yes (non-delegable) | No (strict liability) | Even where the GC was not at the site or actively supervising |
| Construction manager | Yes if it acted as agent of owner/GC | No (strict liability) | Fact-intensive — control over means and methods is key |
| Subcontractor (employer of injured worker) | No for §240 (workers’ comp is the exclusive remedy against employer) | N/A | Sub is reachable through indemnity/contribution from owner/GC |
| Subcontractor (NOT the worker’s employer) | Yes if it controlled work or hired the worker’s employer | No (strict liability) | Most common third-party defendant pattern |
| Equipment lessor (scaffold/lift rental) | Generally no for §240 directly; possible product-liability claim | N/A | Independent product-liability theory available |
| Homeowner | No (one- and two-family-dwelling exemption) | N/A | Important carve-out — does not apply to GCs/owners of larger projects |
| Property owner who is acting as own GC | Yes — non-delegable duty | No | A “double exposure” pattern — owner-acting-as-GC is fully liable |
The defendant map drives the indemnification and contribution chess that dominates §240 litigation: the worker sues the owner and GC under §240; the owner and GC bring third-party actions against the subcontractor (the actual employer) for indemnity. Workers’ comp exclusivity does not bar the third-party action under the Castro/Frangiadakis doctrine.
How Long Island Construction Workers Benefit
Nassau and Suffolk Counties see significant construction activity—from residential developments in Nassau to commercial projects throughout Suffolk County. Long Island construction workers injured in gravity-related accidents have access to compensation that simply isn’t available in other states.
Recent Trends Favoring Workers
Higher Settlement Values: With construction booming and safety violations common, insurance companies increasingly settle Labor Law 240 cases at trial-equivalent values rather than risk jury verdicts.
Inflation Protection: Medical costs and lost wages are calculated against New York’s high cost of living, creating larger economic damages baselines before pain and suffering awards.
Mental Health Recognition: Courts now regularly compensate PTSD, anxiety, and depression resulting from construction accidents, adding substantial value to cases.
Types of Construction Accidents Covered
Labor Law 240 applies to gravity-related injuries in construction, demolition, excavation, and alteration work, including:
Fall Accidents
- Ladder falls due to defective equipment or inadequate support
- Scaffold collapses from improper assembly or maintenance
- Roof falls through unsafe surfaces
- Unprotected edge falls on multi-story projects
Falling Object Injuries
- Tools or materials dropped from heights
- Crane load accidents
- Structural collapse incidents
- Equipment falling from scaffolds or platforms
Equipment Failures
- Scaffold component failures
- Hoist and crane malfunctions
- Safety line breaks
- Platform collapses
What Labor Law 240 Doesn’t Cover
The law’s protection is specific to gravity-related injuries. It doesn’t apply to:
- Slip and fall accidents on level surfaces
- Same-level tripping incidents
- Injuries from power tools or electrical equipment
- Chemical exposure or repetitive stress injuries
These injuries may still qualify for significant compensation under other legal theories, but won’t benefit from Labor Law 240’s absolute liability standard.
Long Island Construction Sites and Common Hazards
Nassau and Suffolk Counties present unique construction challenges that frequently lead to Labor Law 240 claims:
Residential Development Projects
Rapid suburban expansion creates pressure for faster construction timelines, often compromising safety protocols around scaffolding and fall protection.
Commercial and Industrial Sites
Large-scale projects in areas like Hauppauge, Melville, and Garden City involve complex multi-story construction with heightened fall risks.
Infrastructure Work
Road construction, bridge work, and utility projects throughout Long Island involve elevation changes and heavy equipment that create gravity-related hazards.
Seasonal Factors
Long Island’s harsh winters add ice and wind conditions that increase the likelihood of scaffold collapses and fall accidents.
Maximizing Your Labor Law 240 Claim
If you’ve been injured in a construction accident on Long Island, several factors can significantly impact your recovery:
Immediate Documentation
- Report the accident to your employer and site supervisor
- Seek medical attention even for seemingly minor injuries
- Document the accident scene if possible
- Preserve any defective equipment or safety gear
Medical Evidence
- Follow all medical treatment recommendations
- Document ongoing pain, limitations, and mental health impacts
- Obtain objective testing (MRIs, CT scans, neurological exams)
- Keep detailed records of medical expenses and missed work
Legal Timing
New York’s statute of limitations gives you three years from the accident date to file a lawsuit. However, evidence disappears quickly, and early legal intervention preserves your strongest case.
Settlement vs. Trial Considerations
Most Labor Law 240 cases settle before trial, but the settlement values reflect trial exposure. The $272.5 million Tribeca crane settlement was negotiated against trial exposure that defense counsel estimated would exceed that amount.
Cases that do reach trial in New York City often produce eight-figure verdicts because:
- Juries receive strict liability instructions
- No comparative negligence defense is available
- Pain and suffering awards aren’t capped
- Economic damages reflect New York’s high cost of living
Why Labor Law 240 Cases Require Experienced Counsel
The stakes in construction accident cases are simply too high for generic personal injury representation. Successful Labor Law 240 claims require:
Technical Construction Knowledge
Understanding scaffolding standards, OSHA regulations, and safety protocols to prove equipment failures and code violations.
Complex Liability Analysis
Identifying all potentially liable parties, including property owners, general contractors, subcontractors, and equipment manufacturers.
Damage Calculation Expertise
Accurately projecting lifetime medical costs, lost earning capacity, and pain and suffering in catastrophic injury cases.
Trial Experience
Insurance companies pay attention to counsel’s trial record. Lawyers who consistently achieve large verdicts get larger settlement offers.
Workers’ Compensation vs. Labor Law 240
Many construction workers don’t realize they have rights beyond workers’ compensation. While workers’ comp provides basic medical coverage and limited wage replacement, Labor Law 240 allows full civil recovery including:
- Complete medical expenses (not just approved treatments)
- Full lost wages and diminished earning capacity
- Pain and suffering compensation
- Loss of enjoyment of life damages
- Spouse/family impact compensation
Workers’ compensation typically provides a fraction of what’s recoverable through a successful Labor Law 240 claim.
Recent Labor Law 240 Developments
2026 Trends Favoring Workers
- Increased recognition of mental health damages in construction cases
- Higher settlement values reflecting post-pandemic construction demand
- More aggressive jury awards as construction safety violations increase
Technology and Evidence
Modern construction sites often have surveillance cameras, digital time logs, and electronic safety monitoring that can strengthen your case when properly preserved.
Industry Safety Focus
Ironically, increased industry attention to safety violations has made it easier to prove that proper precautions weren’t taken, strengthening Labor Law 240 claims.
Next Steps After a Construction Accident
If you’ve been injured in a construction accident on Long Island:
- Seek immediate medical attention - Your health comes first, and medical records are crucial evidence
- Document everything - Photos, witness information, equipment defects, and safety violations
- Report the accident - Follow workplace procedures while preserving your legal rights
- Consult experienced counsel - Labor Law 240 cases require specific expertise and immediate investigation
- Don’t settle quickly - Initial offers rarely reflect the full value of construction accident cases
Contact Our Long Island Construction Accident Team
The Law Offices of Jason Tenenbaum has successfully represented Nassau and Suffolk County construction workers in complex Labor Law 240 cases. Our team understands the unique challenges of Long Island construction sites and the specific evidence needed to maximize your recovery.
We handle construction accident cases on a contingency fee basis—you pay nothing unless we win. Our track record includes significant recoveries for scaffold collapses, fall accidents, crane injuries, and equipment failures throughout Long Island.
Don’t let insurance companies minimize your claim or pressure you into a quick settlement. Construction accidents can change your life permanently, and New York law provides powerful protections that simply don’t exist anywhere else.
Call 516-750-0595 for a free consultation. We’re available 24/7 to discuss your case and explain your rights under New York Labor Law 240. Time is critical for evidence preservation and case development—contact us today to protect your family’s future.
If your fall happened off a job site — in a store, a parking lot, or an apartment building — the claim proceeds under ordinary premises liability rather than the Labor Law; our Nassau County slip and fall lawyer page explains how those cases are proven.
Related Reading
- Mental Health Damages in Personal Injury Claims: Long Island’s Growing Recognition in 2026 — companion piece on the PTSD, anxiety, and depression damages that now meaningfully add to construction-injury verdicts post-fall.
- New York’s No-Fault Reform 2026: How Proposed Changes Could Deny Concussion and TBI Victims Fair Compensation — concussion and mTBI documentation issues that surface in nearly every construction-fall case as a damages component.
- $8 Million Yonkers Verdict Highlights Municipal Liability for Truck Accidents in New York — sibling municipal-defendant analysis for Labor Law 240 cases on government construction projects, where Notice-of-Claim deadlines stack on top of the §240 liability framework.
Related Practice Areas
For a deeper dive into the firm’s coverage of related topics:
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[Legal Encyclopedia — NY no-fault, personal injury, and employment-law glossary](/legal-encyclopedia/)
Authoritative External Resources
- U.S. Equal Employment Opportunity Commission (EEOC) — federal anti-discrimination enforcement
- U.S. Department of Labor — Fair Labor Standards Act — federal wage-and-hour rules
- New York Division of Human Rights — state anti-discrimination charges
- New York Department of Labor — Wage and Hour Laws — NYLL framework and Wage Theft Prevention Act
- New York State Department of Motor Vehicles — Crash Reports — accident report retrieval and crash statistics
- New York State Senate — Consolidated Laws — official text of CPLR, EPTL, Labor Law, and Insurance Law
Free Consultation — Talk to a New York Attorney
The Law Office of Jason Tenenbaum, P.C. has recovered more than $100 million for clients across personal injury, employment, and no-fault matters since 2002. We work on contingency — no fee unless we win — and the initial consultation is free.
- Call (516) 750-0595 (Mon–Fri 9am–5pm; 24/7 emergency line)
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The firm is licensed in New York State only. Nothing in this article constitutes legal advice; everything is provided for informational purposes.
Last reviewed: 2026-05-20.
Legal Context
Why This Matters for Your Case
Personal injury law in New York is governed by a complex web of statutes, case law, and procedural rules that differ from most other states. The statute of limitations for most personal injury claims is three years under CPLR 214(5), but claims against municipalities require a Notice of Claim within 90 days. Motor vehicle accident victims must meet the serious injury threshold under Insurance Law §5102(d) before they can recover pain and suffering damages.
The Law Office of Jason Tenenbaum has recovered over $100 million for injured clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. With 24+ years of trial and appellate experience, more than 1,000 appeals written, and 2,600+ published legal articles, Jason Tenenbaum provides the authoritative legal analysis that practitioners and injury victims need to understand their rights.
This article reflects real courtroom experience and a deep understanding of how New York courts actually evaluate personal injury claims — from the initial filing through discovery, summary judgment, trial, and appeal.
About This Topic
New York Personal Injury Law
When negligence causes serious injury, New York law entitles victims to compensation for medical bills, lost income, pain and suffering, and more. From car accidents and slip-and-falls to construction injuries and medical malpractice, the Law Office of Jason Tenenbaum has recovered over $100 million for injured Long Islanders and New Yorkers since 2002.
180 published articles in Personal Injury
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Apr 4, 2026Frequently Asked Questions
Common Questions About This Topic
10 answers from the firm's New York personal-injury and employment-law practice. Click any question to expand.
What is New York Labor Law § 240 (the Scaffold Law)?
Labor Law § 240(1) requires all contractors and owners and their agents, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure, to furnish or erect scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices so constructed, placed and operated as to give proper protection to the worker. The Court of Appeals calls the liability absolute: once a violation and proximate cause are shown, the worker's own negligence is no defense (Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 (2003)).
Can I still recover under Labor Law § 240 if I was partially at fault?
Yes. Once a violation of Labor Law § 240(1) and proximate cause are established, the worker's contributory negligence cannot defeat the claim; Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 (2003), calls the section an exception to CPLR 1411, which otherwise reduces damages by the plaintiff's share of fault. The limit is causation. Blake holds there is no liability when there was no violation and the worker's own conduct was the sole proximate cause, and Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35 (2004), applied that rule where adequate devices were available, the worker had been told to use them, and he chose not to.
How is Labor Law § 240 different from Labor Law § 241(6) and § 200?
Labor Law § 240(1) requires owners, contractors and their agents to furnish devices giving proper protection against elevation-related risks, and the worker's own negligence is no defense once a violation and causation are shown (Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 (2003)). Labor Law § 241(6) requires construction, excavation and demolition areas to be arranged, operated and conducted to provide reasonable and adequate protection, and directs owners and contractors to comply with the commissioner's rules, the Industrial Code. Labor Law § 200(1) is the general workplace safety duty. Comparative fault under CPLR 1411(a) applies to the latter two.
Who can be sued under Labor Law § 240?
Labor Law § 240(1) names all 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. Your direct employer is generally not a defendant: Workers' Compensation Law § 11 makes the employer's compensation liability exclusive and in place of any other liability to the employee. The claim therefore runs against the owner, the general contractor, and any other contractor or agent with authority over the work.
How long do I have to file a Labor Law § 240 lawsuit in New York?
Three years from the accident for personal injury (CPLR 214(5)), and two years from the death for wrongful death (EPTL 5-4.1(1)). A claim against a city, county, town, village or school district requires a notice of claim within ninety days after the claim arises (General Municipal Law § 50-e(1)(a)) and a lawsuit within one year and ninety days (General Municipal Law § 50-i(1)); the transit authorities use the same periods (Public Authorities Law § 1212(2), § 1276(2)). A claim against the State is filed in the Court of Claims within ninety days, or within two years after a timely notice of intention (Court of Claims Act § 10(3)).
Can I collect workers' compensation and still sue under Labor Law § 240?
Yes. Workers' Compensation Law § 29(1) says an employee injured by the negligence or wrong of another not in the same employ need not elect between compensation and a lawsuit against that party; the employee may take compensation and medical benefits and also pursue the third-party remedy. The compensation carrier then has a lien on the proceeds of any recovery, after deduction of the reasonable expenses of obtaining it, to the extent of the compensation and medical expenses it paid. Workers' Compensation Law § 11 keeps the employer itself out of the lawsuit.
What types of accidents qualify as gravity-related under Labor Law § 240?
The Court of Appeals asks whether the injury was the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential (Runner v New York Stock Exch., Inc., 13 NY3d 599 (2009)). That covers a worker's fall from a ladder, scaffold, roof or other elevated surface when the required device was absent or failed, and injury from an object that falls because a hoisting or securing device was inadequate. Runner applied the statute where a worker was pulled into a makeshift pulley as a heavy reel descended a staircase.
What does the sole proximate cause defense look like under Labor Law § 240?
It applies when the statute was not violated and the worker's own conduct was the only cause. In Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 (2003), the Court of Appeals held there is no liability under Labor Law § 240(1) when there is no violation and the worker's actions are the sole proximate cause. Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35 (2004), applied that rule where a jury could find the worker had adequate devices available, knew he was expected to use them, and chose for no good reason not to.
What damages can a Long Island construction worker recover under Labor Law § 240?
A worker who proves a Labor Law § 240(1) violation recovers the ordinary damages of a personal injury action: past and future medical expenses, lost earnings and reduced earning capacity, and pain and suffering, which New York does not cap by statute. Because comparative fault is not a defense under § 240(1), the award is not reduced by the worker's share of fault (Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 (2003)). In a wrongful death case, EPTL 5-4.3(a) allows fair and just compensation for the pecuniary injuries to the distributees, plus medical and funeral expenses.
What should I do immediately after a construction accident on Long Island?
Get medical care the same day, even if you think you are not badly hurt. Give your employer written notice of the injury within thirty days, as Workers' Compensation Law § 18 requires for a compensation claim, and keep a copy. Photograph the ladder, scaffold, harness or other equipment and the place you fell before the site changes, and write down the names and phone numbers of coworkers who saw what happened. Do not give a recorded statement to any insurer before speaking with a lawyer. If the owner or contractor is a public entity, the notice of claim under General Municipal Law § 50-e(1)(a) is due within ninety days.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a personal injury matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
