New York State Labor Law §240, known as the "Scaffold Law," protects workers against falls from height, such as a scaffold, as well as from objects that fall from on them from an elevated position.

With very few exceptions Labor Law 240 imposes strict liability on building owners, their agents, and general contractors for gravity-related worker injuries. That is, the worker does not have to prove the owner or contractor was negligent or careless. In addition, it generally does not matter whether the injured worker acted negligently, unless their negligence was the sole cause of injury.

Without strict liability, an injured worker would have the much higher burden of proving that an owner's or contractor's negligence caused their injuries. New York Labor Law 240 does not guarantee a monetary award every time a worker falls from a ladder or scaffold or is hit by a falling object, but it does limit an owner’s or contractor’s defenses when that happens. In view of this, at least one workers compensation insurance carrier has estimated that injured workers win more than 90% of Labor Law 240 cases.

Workers' compensation pays hospital and medical bills, provides an injured worker with disability benefits to replace lost income, and reimburses rehabilitation and retraining costs. New York Labor Law 240 provides payments that are above and beyond workers' compensation benefits, including compensation for both past and future pain and suffering. Neither is a replacement for the other, but they work together to ensure that a worker who is injured in New York State receives full payment for a job-related injury that results from a fall or a falling object.

If you are injured from a gravity-related incident while on a construction job, your best chance of recovering maximum compensation comes from hiring an attorney from Aronova & Associates who knows both workers' compensation law and NY Labor Law 240.