Labor Law § 240(1) is the most powerful tool in New York construction-injury law. For gravity-related hazards — a worker falling, or an object falling on a worker — it imposes absolute (strict) liability on property owners and general contractors when proper safety devices weren't provided or failed. Because liability is strict, the usual defense that the worker was careless generally does not apply.
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How New York law applies
- Strict liability. For qualifying elevation-related injuries, owners and general contractors can be liable regardless of how careful they were.
- The worker's carelessness usually isn't a defense. Comparative-fault arguments generally don't reduce a qualifying § 240 claim, unless the worker was the sole cause.
- It covers two hazards. Falls from a height and being struck by a falling object that required securing or hoisting both fall within § 240.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The property owner
- The general contractor
- An agent of the owner or contractor who controlled the work
- A scaffold or equipment supplier
- Your employer (through workers' compensation)
Deadlines that matter
A third-party construction case generally must be filed within three years, and a related wrongful-death claim within two years. Public projects can shorten these windows. Just as important, job sites change quickly — equipment and witnesses disappear — so prompt documentation matters.
What to do now
- Report the injury to your employer or supervisor in writing the same day, and start a workers' compensation claim to protect your benefits.
- Get medical care immediately and tell the provider exactly how the injury happened on the job.
- Write down which contractors were on site, what equipment was involved, and any safety device that was missing, broken, or not provided.
- Identify co-workers who saw what happened — job sites change fast and witnesses move on.
- Photograph the location, the equipment, and the conditions if you safely can.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Assuming workers' compensation is your only option — a separate third-party case against a contractor, owner, or equipment maker is often available and can recover far more.
- Letting the job site get cleaned up or repaired before the conditions are documented.
- Giving a recorded statement to the site's insurer or signing forms you don't understand.
- Waiting to act — memories fade, workers leave, and key deadlines can be short.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- Whether the injury is truly elevation-related
- Whether a safety device was missing or inadequate
- Injury severity and permanence
- Lost earnings and future care
- Available project insurance
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
What does “strict liability” mean here?
It means that for a qualifying elevation-related injury, owners and general contractors can be held liable even without proving they were careless — the focus is on whether proper safety devices were provided.
Does § 240 cover falling objects too?
Yes. It covers both a worker falling and an object that needed securing or hoisting falling on a worker.
My employer blames me. Does that defeat my § 240 claim?
Usually not, unless your conduct was the sole cause of the injury. The strict-liability standard generally overrides ordinary carelessness arguments.
Who actually gets sued — my boss?
Typically the owner and general contractor, not your direct employer (who is generally covered by the workers'-comp bar).