Strict Liability vs. Comparative Negligence: How Labor Law §240 Protects Workers (Even if They Made a Mistake)
Construction work often involves significant fall hazards, from ladders and scaffolds to roofs and elevated platforms. When an accident occurs, injured workers may worry that a mistake on their part will prevent them from recovering compensation.
However, New York Labor Law §240, commonly known as the Scaffold Law, provides protections that differ substantially from traditional negligence laws. In many cases, workers may recover compensation even if they contributed to the accident.
Understanding Comparative Negligence
Most personal injury claims in New York are governed by comparative negligence. Under this system, a court assigns a percentage of fault to each party involved in an accident.
For example, if an injured person is found 20% responsible for an accident, their compensation may be reduced by 20%. Defendants often rely on comparative negligence arguments to reduce their financial liability.
Labor Law §240, however, operates under a different standard.
What Is Labor Law §240?
Labor Law §240 was enacted to protect construction workers from gravity-related hazards, including falls from heights and injuries caused by falling objects.
The law requires owners, contractors, and other responsible parties to provide proper safety devices, including:
- Ladders
- Scaffolds
- Hoists
- Safety harnesses
- Lifelines
- Guardrails
When these protections are absent, inadequate, or defective, and a worker is injured as a result, Labor Law §240 may impose strict liability on responsible parties.
Unlike ordinary negligence claims, workers generally do not have to prove that an owner or contractor acted carelessly. Instead, the focus is on whether proper safety equipment was provided and whether the lack of adequate protection contributed to the injury.
Can a Worker Receive Compensation Even If They Made a Mistake?
One of the most important features of Labor Law §240 is that an injured worker can often receive compensation even if they made a mistake that contributed to the accident.
Construction sites are demanding environments, and workers can make mistakes. A worker may misstep, lose balance, or make a judgment error while performing a task. Under comparative negligence principles, those actions could reduce compensation. Under Labor Law §240, however, the central question is whether proper safety devices were available and adequate for the work being performed.
For example, a worker who falls from an unsecured ladder may still have a valid workers’ compensation claim even if they lost their footing before the fall. If the ladder was improperly secured or otherwise inadequate, liability may still exist under the statute.
This reflects the Legislature’s determination that contractors and property owners are in the best position to provide safe working conditions.
The Sole Proximate Cause Defense
Labor Law §240 does not automatically guarantee recovery in every case.
Defendants may avoid liability by proving that the worker was the sole proximate cause of the accident. This defense typically applies when proper safety equipment was available, the worker knew they were expected to use it, and they unreasonably failed to do so.
For example, if a worker is provided with a functioning safety harness, instructed to wear it, and chooses not to use it, a court may conclude that the worker’s actions were the sole cause of the accident.
Importantly, simply showing that a worker made a mistake is usually not enough. The defendant must establish that the worker’s conduct alone caused the injury.
Additional Recovery Options for Injured Workers
Many injured workers assume that workers’ compensation benefits are their only source of recovery. While these benefits can help cover medical expenses and lost wages, they may not fully compensate workers for serious injuries.
In some situations, injured workers may also pursue claims against negligent owners, contractors, or other third parties. Learn more about the rights of construction workers and the legal options that may be available beyond workers’ compensation.
When a Construction Accident Is Fatal
Falls from heights remain one of the leading causes of fatal construction accidents. When a worker loses their life because adequate safety protections were not provided, surviving family members may have legal options. A wrongful death claim may allow eligible family members to recover compensation for funeral expenses, lost financial support, and other losses resulting from the death of a loved one.
Protecting New York Construction Workers
Labor Law §240 remains one of the strongest worker-protection statutes in New York. Unlike traditional comparative negligence rules, it recognizes that workers should not bear the consequences of injuries caused by inadequate safety equipment.
Even when a worker makes a mistake, Labor Law §240 may provide a path to compensation and help hold responsible parties accountable for unsafe working conditions.
