A Historic Commitment To Worker Safety
New York’s Labor Law § 240, commonly called the “Scaffold Law,” stands as a testament to the state’s early commitment to worker safety. Enacted in 1885 — decades before nationwide workers’ compensation systems existed — it imposed strict liability on property owners and general contractors for height-related injuries.
This unique law, still in force today, applies to any qualifying incident that occurs within New York, regardless of where the injured worker resides. Its purpose was, and remains, clear: to protect workers performing some of the most dangerous jobs in construction.
Why The Law Still Matters
Despite advances in safety standards, construction remains inherently hazardous — particularly when it involves working at heights. The frequency of workers’ compensation claims exceeding $5,000 in New York is nearly 85% higher than in all other states.
This statistic speaks volumes: New York’s laborers face more severe injuries, and more often. Labor Law § 240 ensures they have meaningful legal recourse when things go wrong, especially in cases where safety protocols are overlooked or cost-cutting trumps worker protection.
The Economic Trade-Off
However, absolute liability doesn’t come without consequences. Courts have expanded the interpretation of the statute, jury awards have climbed dramatically, and insurance carriers have responded by excluding Labor Law coverage from subcontractor policies. This effectively shifts the cost burden to general contractors and property owners — driving up insurance premiums and project costs.
Balancing Safety & Sustainability
Workers deserve the strongest of protections — and New York law and policy aim to deliver just that. But ensuring that those protections don’t cripple the industry that employs them is just as important.
The challenge now is to strike a better balance: preserving worker rights while creating a legal and economic environment that supports safe, affordable construction. Labor Law § 240 was built on justice; its future must be built on fairness — for all parties involved.
To learn more now, call the experienced NYS trial attorneys of Schwartzapfel Lawyers by dialing 516-342-2200 or scheduling online today. No matter your situation, it will be our honor and privilege to fight for you!
