The Capital District is booming with development, from massive infrastructure overhauls along I-787 to new commercial buildings in downtown Albany. But this rapid growth carries risk of serious injury or even death for the laborers, ironworkers, and carpenters who build it.
Construction is inherently dangerous, but when a general contractor or property owner cuts corners on safety by failing to ensure worker safety, the results are catastrophic. If you suffered a severe fall or were struck by a falling object on a Capital District job site, workers’ compensation benefits will barely scratch the surface of your true financial losses.
At Anderson, Moschetti & Taffany, PLLC, our Albany construction accident lawyers leverage over 100 years of combined experience to fight for injured tradesmen. We’ve handled hundreds of lawsuits to recover millions for injured workers through the protections afforded under New York Labor Law 240.
The Game Changer: What is NY Labor Law 240 (The Scaffold Law)?
New York stands alone among all 50 states in offering construction workers a powerful, unique legal shield known as Labor Law 240, or “The Scaffold Law”.
Under normal personal injury law, a jury decides what percentage of fault belongs to the injured person and reduces their financial award accordingly. Labor Law 240 throws that rule out the window.
The Scaffold Law imposes absolute liability on general contractors and property owners for gravity-related injuries. If they fail to provide adequate safety equipment (like proper scaffolding, harnesses, or netting) and that failure caused you to fall or be struck by a falling object, they are 100% financially responsible for your injuries.
Key insight: General contractors cannot contract their way out of this responsibility. Even if they hired your direct employer (a subcontractor) to handle site safety, the general contractor and property owner remain strictly liable to you.
What Types of Accidents Does the Scaffold Law Cover?
Despite its nickname, the Scaffold Law covers far more than just scaffolding collapses. It applies to a broad range of “gravity-related” hazards that occur during the erection, demolition, repairing, altering, painting, or cleaning of a building.
We aggressively litigate Labor Law 240 claims involving:
- Falls from Heights: Including defective ladders, collapsing roofs, unguarded floor openings, and improper hoist platforms.
- Falling Objects: If a tool, brick pallet, or poorly rigged steel beam falls from an elevated height and strikes you, the statute applies.
- Safety Equipment Failures: When harnesses snap, safety lines are inadequate, or netting is improperly installed.
Workers’ Compensation is Not Enough
Following a job site accident, you cannot sue your direct employer; you are limited to filing for Workers’ Compensation.
While Workers’ Comp pays for medical bills and a fraction of your lost wages, it pays nothing for pain and suffering and little for future lost wages, benefits and medical care. For a permanently disabling injury—like a spinal cord injury, traumatic brain injury (TBI), or shattered pelvis—workers’ comp will leave your family financially devastated.
A third-party lawsuit under Labor Law 240 allows you to sue the property owner and general contractor for:
- 100% of your past and future lost wages (including lost union benefits and pension contributions).
- The cost of future medical care through a life-care plan.
- Full compensation for physical pain and emotional suffering.
Recent Labor Law 240 cases across New York routinely result in seven and eight-figure (multi-million dollar) settlements and verdicts through the protection provided under the statute.
Protect Your Claim: Steps to Take After a Job Site Injury
If you are injured on a Capital District construction site, the general contractor’s insurance company is already building a defense. You must act quickly:
1.Report the injury immediately: Do not wait until the end of your shift.
Notify the site supervisor, foreman, or safety manager exactly where and how you were injured. Request that an incident report is written and request a copy.
2.Document the safety failure:
If you are physically able, take photos of the defective ladder, the collapsed scaffold, or the lack of guardrails before the contractor can remove or replace the evidence.
3.Get immediate medical attention: Tell the medical providers what happened.
Go to the emergency room or urgent care. By reporting the accident there, you medical records will document that you fell from a height or were struck by an object while working.
4.Call a Labor Law 240 Attorney:
Do not give a recorded statement to the general contractor’s insurance investigator without legal representation. Let your attorney handle all communications.
Highly Respected Local Attorneys Anderson, Moschetti and Taffany
When you are up against massive commercial developers and their corporate insurance teams, you need a law firm with the resources to fight back. At Anderson, Moschetti & Taffany, PLLC, we hire experienced safety experts to prove exactly how the owner and contractor violated NY Labor Law.
We take all construction accident cases on a contingent fee basis—meaning we advance all costs to investigate your case, and you owe us absolutely nothing unless we secure a verdict or settlement in your favor.
Don’t let a negligent contractor cost you your livelihood. Contact our Albany or Saratoga Springs offices today at (518) 785-4900 for a free, confidential case review.