Construction work is among the most dangerous occupations the world over, and New York is no different. Workers routinely perform tasks on scaffolds, ladders, roofs, elevated platforms, and other structures where a lack of proper safety equipment can result in serious injuries.
Fortunately, the New York Scaffold Law, or the NY Labor Law 240, provides significant protection for construction workers who suffer injuries in elevation-related accidents. What also helps is that, unlike many other personal injury claims, this law allows you to hold property owners and contractors responsible when injuries occur because of inadequate safety measures.
So, how does a Labor Law 240 personal injury claim work, and what should you expect if you decide to file one?
What Is New York Labor Law 240?
Section 240 under Article 10 of the New York State Labor Law is in place to provide workers a safeguard from gravity-related accidents. It highlights what courts can call an elevation-related hazard from the legal perspective. This law applies to two specific types of gravity-related construction injuries.
- Falling workers. This is when a worker falls from a height because of inadequate safety equipment, such as falling off a ladder or falling because of a scaffold collapse.
- Falling objects. An improperly secured tool, material, or piece of equipment falls from a higher level and strikes a worker below.
What sets New York apart from most other states is the standard of liability. This is because if you fall off a ladder in almost any other state, you have to prove that the property owner or contractor acted carelessly. However, the NY Scaffold Law functions under a standard of absolute liability.
What Is Absolute Liability?
Absolute liability in NY labor law means that if a contractor or an owner fails to provide adequate safety devices, such as proper scaffolding, hoists, stays, ladders, slings, and ropes, and the failure results in a gravity-related injury, the law automatically holds the owner and general contractor responsible. It does not matter if the owner never set foot on the construction site. The law places the ultimate responsibility for safety on the parties with the deepest pockets and the most control.
Who Is Liable Under Labor Law 240?
One of the most important aspects of the NY Scaffold Law is that it places responsibility on all parties that control construction projects and have the ability to ensure that proper safety measures are in place.
Property Owners
Owner liability under Labor Law 240 comes into the picture when property owners fail to provide the required safety protections, even if they never visit the site in question. This is because liability typically does not depend on whether the owner personally supervised or controlled the work.
General Contractors
General contractors often oversee construction sites and coordinate the work of multiple subcontractors. This is why it’s possible to seek compensation via contractor liability under Labor Law 240.
Certain Agents and Supervisory Entities
In some situations, it might be possible to hold parties acting on behalf of owners or contractors responsible if they exercise authority over the work.
What is the Difference Between Workers’ Comp and Labor Law 240?
If you get hurt on a New York job site, there’s a good chance that your employer’s insurance company will immediately steer you toward workers’ compensation. They do this because they stand to benefit if you opt for workers’ comp. However, it’s important to know the difference before you make a decision.
Worker’s Compensation Claim
In this case, you don’t have to sue anyone, and you don’t have to prove fault. While workers’ comp provides cover for necessary medical treatment, you must see insurance-approved doctors. If your injury results in loss of earnings, you may expect to receive two-thirds of your average weekly income from the preceding year, up to a predetermined maximum limit. You do not receive compensation for emotional distress or pain and suffering.
Labor Law 240 Injury Claim
Recovering damages under New York Labor Law 240 requires filing a claim or lawsuit against a general contractor, property owner, or third party, and you must prove that they failed to provide proper elevation safety devices. Compensation available under Labor Law 240 covers all your medical expenses, so you get to choose any doctor. There is no maximum limit on how much you may receive for loss of earnings, and you can also seek compensation for emotional distress.
Remember that while workers’ comp is a safety net, it’s a small one, and if you suffer a catastrophic injury, relying solely on workers’ comp can lead to significant financial challenges.
Can a Worker Be Blamed for a Labor Law 240 Accident?
The short answer is yes, but it happens seldom and not as often as insurance companies would like. This is mainly because the contributory negligence principle does not apply to NY Labor Law 240.
For example, if a jury finds you 20% guilty in a car accident case, your monetary award drops by 20%. With cases that hinge on Labor Law 240, even if you make a mistake that contributes to your fall, it’s still possible to hold the owner and contractor 100% liable. However, defense attorneys have two specific strategies they use to try to escape liability.
The Sole Proximate Cause Defense
An insurance company might argue that the sole proximate cause defense applies to your case. In this scenario, it must prove that the accident occurred only because of your actions, and that the safety devices provided were perfectly adequate. For example, if a safety harness is sitting next to you, and you fail to put it on despite being told to do so earlier, the opposing party might argue that you were the sole cause of your own injury.
The Recalcitrant Worker Defense
While the sole proximate cause and recalcitrant worker defenses are closely related, and courts sometimes discuss them together, they are not the same. The recalcitrant worker defense is narrower, and it focuses on a worker’s refusal to follow a direct instruction regarding safety. Merely forgetting to use a device, or using a defective device because no one else is around, does not make you a recalcitrant worker.
Protected Activities vs. Exemptions
Not every injury on a job site qualifies for a Labor Law 240 lawsuit or claim. The law specifies very distinct protected activities, and filing a claim requires that your work at a building or structure must involve some form of:
- Altering.
- Cleaning.
- Demolition.
- Erection.
- Painting.
- Pointing.
- Repairing
If you suffer an injury because of a falling object at a construction site while performing routine maintenance, like changing a standard lightbulb or sweeping a finished floor, Labor Law 240 protection might not apply. Not surprisingly, several Section 240 construction lawsuits see heavy litigation with one side arguing a protected activity, and the other, routine maintenance.
The Homeowner Exemption
The NY Labor Law 240 comes with a notable exception that governs owners of one- and two-family dwellings. What this basically means is that if you’re working at a residential single-family home or a two-family duplex, the law exempts the owners from liability completely. However, it is possible to hold them liable if they control, direct, or supervise the construction work personally.
This exemption aims to protect everyday homeowners from lawsuits when hiring local roofing or painting contractors.
Does the NY Scaffold Law Cover Independent Contractors?
Yes. New York courts have repeatedly ruled that the protections of Section 240 extend to independent contractors, sub-contractors, and day laborers. If you are performing a distinct protected activity at an elevated height, the label on your tax form (W2 or 1099) does not strip away your constitutional right to a safe workplace.
The Role of a Summary Judgment in a Labor Law 240 Lawsuit
If you choose to file a lawsuit, your legal team’s primary objective will be to secure a Labor Law 240 summary judgment on liability. In standard personal injury lawsuits, a case must go through a typically long trial where a jury decides who is at fault, and then determines how much money to award. In a Section 240 case, your lawyer can file a motion asking the judge to rule on liability even before the trial starts.
If a judge reviews the evidence and agrees that an owner or contractor failed to provide proper safety devices, you may expect a summary judgment, which means you win the liability portion of the case automatically. Then, the case shifts to determining how much compensation you deserve for your damages. Securing a summary judgment slashes months, sometimes years, off the timeline of a lawsuit and forces insurance companies to the negotiating table.
Conclusion
If you have suffered gravity-related construction injuries while working, know that the NY Labor Law 240 is in place to safeguard your rights. However, given the complexities that tend to come with such cases, getting in touch with an experienced construction accident lawyer might be in your best interest. Then, it becomes easy to determine if you were engaging in a protected activity, and to put a number on how much money to seek as compensation.