The patterns: ladder kicks out at the base, ladder slips at the top, defective ladder, ladder too short, ladder collapse, wrong ladder for the job. In nearly every case, what looks like worker error turns out to be inadequate equipment, setup, or fall protection — all §240 violations.
Ladders are explicitly listed in Labor Law §240 as a covered safety device. If the ladder failed and a worker fell, the contractor and owner are typically liable.
“The worker should have asked for a different ladder” — §240 places the duty on the contractor, not the worker. “The worker overreached” — overreaching is a function of inadequate equipment, not worker carelessness. “The worker didn’t tie the ladder off” — if the contractor didn’t provide a means to tie off, that’s the contractor’s failure.
Liability: property owner, general contractor, subcontractor employing the worker, ladder supplier or rental company, ladder manufacturer in product liability claims.
Common injuries: spinal fractures and herniated discs, pelvic and hip fractures, wrist and elbow fractures, calcaneus fractures, knee injuries, traumatic brain injury, shoulder dislocations and rotator cuff tears, internal injuries.
Damages: medical past and future, lost earnings past and future, pain and suffering, loss of consortium, wrongful death where applicable.
Prior results do not guarantee a similar outcome.
Jordan reads project documents the way a developer reads them. He knows which subs cycle defective ladders through multiple projects, recognizes when inspection logs are paper-only, and knows a GC running behind schedule will pull alternative equipment instead of waiting for the right ladder.
In a typical negligence case, the defense will argue your case down with comparative-fault arguments — that you weren’t paying attention, that you took a shortcut, that you should have known better. Under §240, those arguments generally cannot defeat the claim. That is why §240 cases tend to settle higher and earlier than negligence-only construction cases.
The Scaffold Law is New York Labor Law §240(1). It places absolute liability on owners and general contractors for gravity-related injuries that occur because workers weren’t given proper safety equipment — scaffolds, ladders, hoists, harnesses, anchor points, or other protective devices. If you were injured by a fall from a height, or by a falling object that wasn’t properly secured, §240(1) likely applies. Comparative negligence is not a defense.
Yes. The Scaffold Law applies to the owner and general contractor, not your employer. You generally cannot sue your direct employer for a workplace injury because of New York’s Workers’ Compensation exclusivity rule (WCL §11). But you can pursue the property owner and the GC who controlled the site. Workers’ comp benefits run in parallel — you don’t have to choose.
Labor Law §241(6) covers injuries from violations of specific Industrial Code rules — things like inadequate lighting, unsafe walking surfaces, missing guardrails, improper hoisting. You have to identify a specific Industrial Code section the defendant violated. Comparative negligence applies. §240 is narrower (height + falling objects) but easier to prove. Many construction cases plead both.
§200 is the codification of general negligence on a worksite. It applies when an owner or general contractor exercised supervision or control over the work and was on notice of the dangerous condition that caused the injury. It’s broader than §240 and §241 but harder to win — you have to prove notice and control.
Yes. New York protects all injured workers regardless of immigration status. The Court of Appeals confirmed this in Balbuena v. IDR Realty LLC, 6 N.Y.3d 338 (2006). Your status cannot be used to limit your recovery for past or future lost wages, and it does not affect Workers’ Compensation eligibility. Your immigration information is not disclosed to immigration authorities in the course of your civil case.
Three years from the date of the accident under CPLR §214(5) for personal injury, or two years from the date of death for a wrongful death claim under EPTL §5-4.1. If the defendant is a public entity (NYCHA, the MTA, a school district), you must file a Notice of Claim within 90 days under General Municipal Law §50-e. Some §240 cases against public entities require the 90-day notice; talk to a lawyer before the deadline.
