If you fell from a scaffold on a New York job site, you may be able to bring a third-party case against the owner and general contractor under Labor Law § 240 — in addition to receiving workers' compensation. Because § 240 imposes strict liability for qualifying elevation falls, these are frequently strong cases even when the insurer tries to blame the worker.
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How New York law applies
- § 240 may impose strict liability. For a qualifying scaffold fall, owners and general contractors can be liable regardless of fault.
- Comp doesn't block the third-party case. You generally can't sue your employer, but you can sue the non-employers who controlled the site.
- Carelessness usually isn't a defense. A worker's own mistake generally doesn't defeat a qualifying § 240 claim.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The property owner
- The general contractor
- A scaffold subcontractor or supplier
- A scaffold manufacturer in a defect case
- 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 fall qualifies under § 240
- Whether a safety device was missing or failed
- Injury severity and permanence
- Available project insurance
- Lost earnings and future care
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
I'm getting workers' comp. Can I still sue?
Usually yes — against the owner and general contractor as non-employers, separate from your comp benefits.
My supervisor says it was my fault. Does that end it?
For a qualifying § 240 fall, your own carelessness generally is not a defense because the law imposes strict liability.
Who do I sue?
Typically the property owner and general contractor, not your direct employer.
How long do I have?
Generally three years for the third-party case, shorter on public projects — and evidence fades quickly, so act early.