What Are My Rights Under New York’s Labor Laws?
NY Labor Laws 101
Construction sites are no place for the careless or unprepared. And yet, even the most careful workers can find themselves injured due to unsafe conditions.
Fortunately, New York's labor laws exist to ensure that the responsibility for these accidents doesn’t fall solely on the shoulders of the injured. If you or a loved one has been hurt on a NY construction site, you may have more options than you realize — options that go beyond workers’ compensation, which, sadly, often provides too little, too late.
The Scaffold Law: Accountability at Higher Levels
New York’s Labor Law Section 240(1), or the “Scaffold Law,” is a game-changer for injured workers. This statute doesn’t merely offer financial compensation; it imposes absolute liability on property owners and general contractors when elevation-related hazards cause injuries. So whether it’s a worker falling from a poorly secured scaffold or being struck by an object dropped from above, the law demands accountability.
Significantly, your right to recover damages doesn’t depend on whether the contractor directly supervised your work. The only thing that can defeat your claim is if your own actions were the sole cause of the accident. In other words, the law acknowledges that employers are responsible for ensuring safe worksites — not just pointing fingers when things go wrong.
What The Law Does & Doesn't Cover
Not every task or structure is covered by Labor Law Section 240(1). While workers repairing buildings, erecting towers, or painting bridges are protected, routine maintenance and cosmetic tasks generally fall outside the law’s scope. Similarly, single-family and two-family homeowners are typically exempt unless they directly control the work being performed.
Why You Need A Skilled Lawyer
Insurance companies are not in the business of paying claims without a fight. They will argue that you caused your own accident or refused to use provided safety equipment. This is why it's so important that you hire an attorney who understands these laws and can cut through the noise to maximize your financial compensation.
To that end, please call Schwartzapfel Lawyers at 516-342-2200 or schedule your free consultation online today, and allow our award-winning team the honor and privilege of fighting for you!