Labor Law § 240(1) protects construction workers from gravity-related hazards by imposing strict liability on owners and general contractors when proper safety devices aren't provided. If you fell from a height, or were struck by a falling object that should have been secured, this law may put responsibility on the people who controlled the site — regardless of whether you made a mistake too.
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How New York law applies
- It covers elevation hazards. Falls from heights and falling objects that required securing or hoisting are the core of § 240.
- Liability is strict. Qualifying claims don't require proving the owner or contractor was careless.
- The worker's carelessness usually isn't a defense. Comparative fault generally doesn't reduce a qualifying claim unless the worker was the sole cause.
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 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 elevation-related
- 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
Who does Labor Law 240 protect?
Construction and certain repair workers injured by elevation-related hazards on a job site.
What injuries qualify?
Generally falls from a height and injuries from falling objects that should have been secured or hoisted — when proper safety devices weren't provided.
Does it matter if I made a mistake?
For a qualifying § 240 claim, your own carelessness usually isn't a defense, because the statute imposes strict liability.
Who is responsible?
Typically the property owner and general contractor — not necessarily your direct employer, who is generally covered by the comp bar.