The Scaffolding Law in New York State has been on the books for over 100 years. It does not say that if you are at work and fall off a ladder or scaffold that you automatically recover money. What it does say is that if you are working at a height (because working at heights is considered so dangerous) the owner and general contractor on that project have a duty to make sure that you are provided with appropriate safety devices including ladders, scaffolds, hoists, etc. If they do not do that and you fall and are injured, you then have an absolute claim you can make against them for violating that law. Your claim is not valid simply because you fall. It is only valid if they did not do what the law, for over 100 years, has obligated them to do—provide you with safety devices to use when working at a height.

Construction Accident Attorney Tells the Truth About New York's Scaffold Law

THE TRUTH ABOUT NEW YORK’S SCAFFOLD LAW

There has been a lot of talk lately, from the insurance industry and the contractors’ lobby, that New York State’s scaffolding Law should be abolished. They say that according to this law, anyone who falls off a ladder or scaffold while at work automatically recovers money for their injuries even if they were drunk, on drugs or totally at fault in causing the accident. As a lawyer who represents construction workers injured on the job, I felt it important to set the record straight. What the insurance companies and contractors’ lobby are claiming about this law is absolutely 100% false.

The Scaffolding Law in New York State has been on the books for over 100 years. It does not say that if you are at work and fall off a ladder or scaffold that you automatically recover money. What it does say is that if you are working at a height (because working at heights is considered so dangerous) the owner and general contractor on that project have a duty to make sure that you are provided with appropriate safety devices including ladders, scaffolds, hoists, etc. If they do not do that and you fall and are injured, you then have an absolute claim you can make against them for violating that law. Your claim is not valid simply because you fall. It is only valid if they did not do what the law, for over 100 years, has obligated them to do—provide you with safety devices to use when working at a height.

If you are provided with appropriate safety devices and you choose to not use them and you then fall, you are not going to recover anything under the New York State Scaffold Law. Or if you are totally at fault, e.g. drunk, on drugs or horsing around, you are not going to recover.

There are not many laws that have withstood the test of time. This one has. Any law that has been on the books for over 100 years should not be abolished simply because the insurance companies would prefer to have people who are seriously injured in construction accidents live off of taxpayers’ money rather than the insurance companies’ money. People who are seriously injured and do not collect money from the responsible insurance company usually end of collecting money under Medicare, Medicaid, Social Security, and other state and federal disability programs that we, the taxpayers are paying for.


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