Compared with the rest of the nation, New York has a higher concentration of tall buildings. With those big buildings comes more risk for the professionals who help build and maintain them.
The idea that New York needs a different or stricter set of rules for worker safety isn’t a new one. In fact, the current Scaffold Law, also known as New York State Labor Law 240, has led to substantial conflict.
Industry groups often advocate for the end of the law, while those who focus more on worker protections want to see it remain in place. Understanding why the state has this law and what it means for workers, construction companies and building owners and help those hurt while working on scaffolding.
The history of Labor Law 240
Federal workplace protections help keep people safe on the job. However, they are a relatively new creation. At the time that New York state lawmakers enacted Labor Law 240, so there were no federal rules protecting the lives of construction workers.
As buildings became taller and taller, the risks for workers became more significant. New York lawmakers set an important precedent in 1885 when they passed Labor Law 240. The New York Scaffolding Law creates absolute liability for building owners or those that contract workers to construct or repair all buildings in New York.
Employers and property owners alike could have liability for a worker’s injury if they fall on the job. New York is the only state in the country that still has absolute liability rules for gravity-related injuries in construction environments.
What does the Scaffolding Law mean for workers today?
New York’s Scaffolding Law helps protect workers from injury on the job. They have the benefit of knowing they can take legal action regardless of any mistake they may have made on the job to receive compensation after a fall.
Opponents of the law of point out how it can increase insurance expenses and construction project costs. Attempts to overturn the law have not yet succeeded, meaning workers in New York still have strong protections.
Those who are hurt in a construction setting due to a fall may have the right to bring a claim under New York’s Scaffolding Law for their medical costs, lost wages and similar financial losses.
