Helping Injured Construction Workers Build a Brighter Future
Under New York’s Labor Law 240, property owners and general contractors bear absolute liability when a worker is injured in a scaffolding fall, regardless of fault. This standard is what makes Bronx scaffolding accident cases different from every other personal injury claim in New York.
When Labor Law 240 applies, the focus shifts from proving negligence to proving the accident happened, and the statute covers it. Maggiano DiGirolamo & Lizzi Bronx scaffolding accident lawyer can evaluate your case. Call today for a free consultation and learn what these laws could mean for your Bronx injury claim.
New York Labor Law 240 Is Why Scaffolding Cases Are Different From Every Other Construction Claim
Most personal injury claims in New York require the injured person to prove negligence. Liability is measured against a standard of reasonable care, and any fault by the injured person can reduce recovery.
Labor Law 240 works differently.
Known as New York’s Scaffold Law, Labor Law 240 imposes absolute liability on property owners and general contractors when workers suffer gravity-related injuries during construction, demolition, repair, alteration, or similar work. Falls from scaffolds, collapsing platforms, and injuries caused by falling objects are among the incidents the statute was designed to address.
When the law applies, liability does not depend on whether the owner was present, supervised the work, or acted negligently. The focus shifts from proving fault to establishing that the statute covers the accident.
The law is not unlimited. It generally applies only to certain construction-related activities and excludes some one- and two-family homeowners. Determining whether Labor Law 240 applies is one of the first questions we examine in every Bronx scaffolding accident case.
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Michael Maggiano and his incredible colleagues took our case, even though extremely complex. They patiently answered our endless questions, diligently pursued every aspect of our case, handled our anxieties; especially during trial preparation and settlement discussions. Due to their experience and skill, the final outcome was a sizable settlement.
We hope that this message helps you make the right decision during what is probably a difficult and trying time by speaking with Mike Maggiano.
Nothing but praise for Maggiano, DiGirolamo, and Lizzi. I have never seen such a fantastic display of teamwork at all levels of the firm. (As an aisde, everyone one who works at the firm was extremely courteous and kind – character traits that one would not typically associate with a law firm. )
Furthermore, the legal results brought about by Mr. Maggiano’s tireless litigation efforts on our behalf were very fair and just. If you ever find yourself in a car accident, be sure to consult Maggiano, DiGirolamo, and Lizzi.
It was a pleasure having Maggiano, DiGirolamo & Lizzi take on my case. After a car accident left me jobless for several months, they helped get me back on my feet. They went above and beyond the call of duty!
Labor Law 241(6) and 200 Fill the Gaps That 240 Does Not Cover
Labor Law 240 is the most powerful tool in a scaffolding injury case, but it is not the only one. Two companion statutes extend protection to workers whose injuries fall outside the gravity-related categories that 240 covers, and both apply frequently in Bronx scaffolding accident cases.
Labor Law 241(6)
Labor Law 241(6) requires owners and general contractors to provide reasonable and adequate protection and safety to workers at construction, excavation, and demolition sites. Unlike 240, which imposes absolute liability for gravity-related injuries, 241(6) requires a violation of a specific provision of the New York Industrial Code.
The Industrial Code contains dozens of detailed safety regulations governing scaffold planking, guardrail height, scaffold load capacity, personal fall arrest systems, and the condition of surfaces workers must traverse. When a specific Industrial Code provision is violated and that violation causes the injury, 241(6) liability applies. It is not absolute in the same way as 240, but it is significantly broader in the categories of injury it covers.
Labor Law 200
Labor Law 200 is New York’s general duty statute for construction site safety. It covers situations where the injury resulted from a dangerous condition on the site rather than from the means and methods of the work itself.
A structurally defective scaffold platform is a condition of the site. A supervisor’s instruction to use an inadequately supported scaffold is a means and methods issue. Which theory applies determines which defendants are potentially liable and what evidence is needed to establish the claim.
In most serious scaffolding cases, we evaluate all three statutes simultaneously. The applicable combination depends on the facts of how the accident occurred, who controlled the site, and what safety failures preceded the fall.
Speak with a Bronx scaffolding accident attorney at Maggiano DiGirolamo & Lizzi. Free consultation, no obligation.
Workers’ Compensation Is Not the End of the Conversation
Most Bronx construction workers injured on a scaffold site know they can file for workers’ compensation through their employer. Workers’ compensation covers medical expenses and a portion of lost wages without requiring proof of fault. What it does not cover is pain and suffering, full lost wage replacement, or long-term disability damages that exceed the workers’ compensation schedule.
Critically, workers’ compensation does not bar a separate lawsuit against parties other than your direct employer. In New York, the rule is specific: you cannot sue your own employer in most circumstances once workers’ compensation is in play, but you can sue the property owner, the general contractor, the scaffolding subcontractor, and any other entity whose negligence or statutory violation contributed to the accident.
This is the structure that Labor Laws 240 and 241 were designed to reach. The property owner who hired the general contractor is liable under 240 even if they never set foot on the job site. The general contractor who oversaw the project is liable even if they delegated scaffold erection to a subcontractor. The chain of responsibility runs up the contracting hierarchy, not down to the individual worker.
In a serious scaffolding fall, the difference between workers’ compensation alone and a full Labor Law 240 recovery can be several hundred thousand dollars or more. Workers’ compensation provides a floor. Labor Law 240 provides the ceiling, and the ceiling is considerably higher.
What Evidence a Bronx Scaffolding Accident Lawyer Builds From Day One
Scaffolding accident cases require immediate evidence preservation on multiple fronts. Construction sites are active environments. Equipment gets moved. Scaffolding gets repaired or replaced. Contractors leave. The physical evidence that establishes what the scaffold looked like, how it was erected, and what safety failures existed at the moment of the accident deteriorates quickly.
We take the following steps as soon as we are retained:
Photograph and document the scene before any repairs or modifications are made, using our own investigators where the site can still be accessed. We send spoliation letters to the property owner, general contractor, and any known subcontractors demanding preservation of all records related to scaffold installation, inspection, and maintenance.
We pull the NYC Department of Buildings violation and inspection history for the site. Active construction projects accumulate DOB records throughout their duration, including stop-work orders, inspection results, and prior violation notices. A scaffold collapse that follows a prior DOB safety citation tells a different story than one that occurs on a site with a clean inspection record.
We obtain OSHA records. OSHA investigates serious construction accidents, and its investigation files, including inspection notes, photographs, and violation citations issued after the accident, are obtainable through formal records requests. OSHA findings do not control the outcome of a civil case, but they establish the regulatory baseline and often document the specific safety failures that caused the accident.
We identify every contract in the project chain. General contractor agreements, subcontractor scope of work documents, and scaffold erection contracts define which parties controlled what aspects of the site. Those documents determine who the proper defendants are and what each one’s obligations were under both contract and statute.
Talk to a Bronx scaffolding accident lawyer at Maggiano DiGirolamo & Lizzi before the site changes and evidence disappears. Free case review.
The Injuries That Follow Scaffolding Falls
The injuries in Bronx scaffolding fall cases tend to be severe because a fall from elevation covers the full distance before landing. The injuries that follow these falls are serious and frequently permanent, including traumatic brain injury, spinal cord damage, and fractures that reshape every aspect of daily life. These are not injuries that resolve in weeks.
They reshape a person’s working capacity, their family relationships, their financial situation, and their physical identity for years or permanently. The damages available under Labor Law 240 are built for that reality.
Medical expenses, full lost earnings, future lost earning capacity, pain and suffering, and loss of consortium claims for spouses are all recoverable. Workers’ compensation settles for a fraction of that total. A full Labor Law 240 recovery does not.
Verdicts and Settlements
$2,325,000 - Fall Through a Roof
An HVAC worker fell through the opening in a roof. The defense argued the opening was obvious and he should have watched where he was going. We proved that the unprotected opening was an OSHA violation and the worker was entitled to a reasonable coverage to protect him from an inadvertent slip and fall as required by Federal regulations.
$2,600,000 - Deceased Dock Builder
Settlement awared to the widow and child of a deceased dock builder injured during a pile driving operation. Defendant Developer and General Contractor placed blame on employer of deceased worker who could not be sued because of the Worker Compensation Statute that says you can not sue your employer. We proved that even though the employer was negligent, the Developer and GC had the primary duty of…
$1,500,000 - Pedestrian Fatality
75-year-old pedestrian struck while crossing the street at her local library and eventually dies as a result of her injuries. The driver claimed to have not seen the pedestrian prior to striking her and indicated she must not have been in the crosswalk. Witness testimony at the scene indicated the pedestrian was in the crosswalk at the time and this office interviewed the witnesses and…
Frequently Asked Questions
I was told I cannot sue because I already filed for workers' compensation. Is that true?
No. Workers’ compensation and a Labor Law 240 lawsuit are separate legal tracks. Filing one does not eliminate the other. You can file workers’ compensation and bring a third-party claim against the property owner, general contractor, and other responsible parties. That third-party claim is where Labor Law 240’s absolute liability applies, and full damages become available.
My foreman says the accident was my fault for not using the safety harness. Does that end my case under Labor Law 240?
Contributory negligence is not a defense under Labor Law 240. The statute imposes absolute liability on owners and general contractors for gravity-related injuries, even if a worker failed to use safety equipment or made an error. The only defense is the sole proximate cause, applied narrowly and rarely met. Statements blaming the worker are not legal conclusions but arguments tested in litigation.
The scaffolding was erected by a subcontractor, not the property owner. Can I still sue the owner?
Yes. Labor Law 240 liability extends to property owners and general contractors regardless of which subcontractor installed the scaffold. If a scaffold fails and causes injury, liability can still attach up the contracting chain. The only major exemption is for one- or two-family homeowners who do not direct or control the work. Commercial owners, developers, and landlords involved in renovations remain fully subject to the statute.
I was not an employee on the site. I was a delivery worker bringing materials. Does Labor Law 240 still protect me?
Coverage under Labor Law 240 depends on the nature of the work and its connection to the construction project, not formal employment status. Workers performing tasks integral to construction and injured by elevation-related hazards may still be protected, even if not directly employed by the general contractor.
The analysis is fact-specific and turns on what the worker was doing at the time of the accident. An attorney should evaluate applicability before any conclusions are made.
How long do I have to bring a Labor Law 240 case in New York?
New York’s personal injury statute of limitations is three years from the date of the accident under CPLR § 214. If a government entity owned the property, a Notice of Claim must be filed within 90 days, or recovery is permanently barred. In practice, evidence disappears far faster than any legal deadline.
Talk to a Bronx Scaffolding Accident Lawyer Before the Site Changes
Construction sites do not wait for litigation to proceed. Scaffolding is repaired or dismantled, contractors demobilize, and records are often archived or lost. The case you can build in the first days after an accident is stronger than the case you can build months later, and the first 48 hours are critical for preserving evidence and protecting your claim.
Maggiano DiGirolamo & Lizzi has handled serious construction injury cases in New York for decades. We understand how Labor Law 240 applies to Bronx scaffolding accidents, how to identify every responsible party, and how to build claims that reflect long-term harm. Consultations are free, and case evaluations are specific.
Call today and speak with a Bronx scaffolding accident attorney about your rights and recovery.
