Ley Laboral §240 de Nueva York: La Ley del Andamio Explicada para Trabajadores de Construcción

If you work construction in Nueva York and you have been hurt falling from a scaffold, ladder, or elevated surface — or si te golpearon by a falling object — you need to understand one law before anything else. Labor Law §240 is unlike any other personal injury statute in Nueva York. It is more powerful. And it exists specifically to protect you.

¿Qué es la Ley Laboral §240?

Nueva York Labor Law §240, commonly called the Scaffold Law, was enacted in 1885 and has been strengthened repeatedly since. It reads in relevant part:

"All contractors and owners and their agents...in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed."

The key word is shall. This is not a standard of reasonable care. It is an absolute obligation. Los dueños de propiedades and general contractors must provide proper protection. When they fail and a worker is injured, they are absolutely liable — meaning the worker's own negligence does not reduce or eliminate their liability.

Responsabilidad Absoluta: Lo que Significa en la Práctica

In ordinary personal injury law, comparative negligence applies. Si estabas 30% at fault for your accident, your recovery is reduced by 30%. Under §240, this calculus does not apply to the owner and contractor's core liability for elevation-related accidents.

Courts have repeatedly held that even if the worker made a mistake — chose the wrong ladder, failed to wear a harness, was not following safety instructions — the owner and GC remain absolutely liable for failing to provide adequate protection in the first place. The burden shifts entirely to the defendants.

¿Qué Tipos de Accidentes Cubre el §240?

Section 240 covers two categories of accidents: falls from elevation and injuries from falling objects. Both require a "gravity-related" nexus to the work being performed.

Caídas desde Altura

If you fell from any of the following and were injured, §240 likely applies:

• Scaffolding, including baker's scaffolds and swinging stage scaffolds
• Ladders — A-frame, extension, step ladders
• Roofs and roof edges
• Elevated platforms and work surfaces
• Trenches and excavations (in some circumstances)
• Floor openings and unguarded edges
• Hoists and lifts

Objetos en Caída

Si te golpearon by a falling tool, material, or piece of equipment, §240 applies if the object was being hoisted or secured, or required securing for the purposes of the undertaking but was not adequately secured. Courts have found §240 liability for:

• Steel beams, pipes, and structural members
• Tools dropped from upper floors
• Unsecured construction materials
• Crane loads and rigging failures
• Debris from demolition work above the worker's level

¿Quién Está Protegido por el §240?

Section 240 covers workers — including:

• Union and non-union construction workers
• Workers employed by subcontractors, not directly by the owner or GC
• Day laborers and undocumented workers (immigration status is irrelevant)
• Workers on alteration, renovation, and repair projects — not just new construction
• In some cases, workers doing maintenance on an existing structure

It does not protect homeowners who are doing work on their own one or two-family residence and who did not direct or control the work. It also generally does not cover building occupants who are not performing the covered work.

¿A Quién se Puede Demandar bajo el §240?

Liability under §240 runs against:

• Los dueños de propiedades — the person or entity that owns the land and building where the work is being done, even if they had no supervisory role whatsoever
• General contractors — the prime contractor responsible for coordinating the work
• Their agents — in limited circumstances, a construction manager or agent with significant control

Notably, your direct employer — the subcontractor — is generally shielded from §240 claims by the Compensación Laboral Law. But the owner and GC are liable. This is why §240 cases are valuable: the parties being sued typically have substantial insurance and assets.

Compensación Laboral y una Demanda bajo §240: Puedes Tener Ambas

Many construction workers believe that accepting compensación laboral benefits from their employer means they cannot sue anyone else. This is incorrect. Workers' compensation covers your direct employer's liability. Your §240 lawsuit is against the property owner and general contractor — entirely different parties with different insurance. You can collect both simultaneously.

¿Cuánto Vale un Caso bajo el §240?

Construction accident cases under Labor Law §240 are among the highest-value personal injury matters in Nueva York. Because liability is clear and often cannot be disputed, the fight is over damages — and those can be substantial. Compensation includes:

• All facturas médicas, including future medical costs
• Lost wages — past and future
• Loss of earning capacity if you cannot return to your trade
• Pain and suffering
• Loss of consortium (your spouse's claim for loss of companionship)
• Potential punitive damages in egregious cases

Spinal injuries, traumatic brain injuries, and orthopedic injuries requiring surgery routinely result in seven-figure settlements in Nueva York §240 cases. The absolute liability standard eliminates the largest variable in most personal injury cases — whether the defendant is actually liable — leaving only the damages calculation to resolve.

La Regla de 90 Días para Propiedades Gubernamentales

If your accident occurred on property owned by the City of Nueva York, NYCHA, the MTA, the Port Authority, or any other government entity, you must file a Notice of Claim within 90 days of the accident before any lawsuit can proceed. This deadline is absolute — there are virtually no exceptions and courts will not forgive a missed Notice of Claim. Call an attorney the el mismo día as your accident if a government site may be involved.