Scaffold injuries are a significant concern in New York’s construction industry, with a high incidence rate as building projects surge across the state, especially in New York City. These accidents pose serious risks to workers, making it essential to determine liability in the event of an injury. In many personal injury cases, comparative negligence—a concept that assigns fault percentages to each party involved—can affect compensation. However, when it comes to scaffold injuries in New York, the answer is no: comparative negligence does not apply.

This article breaks down New York’s unique laws on scaffold injuries, the role of absolute liability, and what both workers and employers need to understand about legal responsibilities and compensation.

New York Scaffold Law: An Overview

New York has specific laws that address scaffold-related injuries. The state's Scaffold Law, codified in Labor Law §240, is unique in the United States as it places significant responsibility on property owners and contractors to maintain a safe environment for workers on scaffolding.

Key aspects of the Scaffold Law include:

• Absolute Liability: Under Labor Law §240, property owners and contractors are held strictly liable if a worker is injured due to a failure to provide adequate scaffolding or safety devices.
• Protection from Falls: The law covers not only falls but also injuries resulting from objects falling from scaffolds or heights.
• Lack of Worker Responsibility: Traditionally, workers injured on scaffolds could not be held liable for their injuries, even if they were partially responsible, given the "absolute liability" standard under §240.

This unique provision has long been a point of contention, as it removes the need to prove negligence on the part of the property owner or contractor. Instead, simply demonstrating that the injury occurred due to a scaffold-related hazard can be enough to hold the employer or property owner liable.

Comparative Negligence in New York Personal Injury Law

Comparative negligence is a legal concept that assigns a percentage of fault to each party involved in an accident. Under New York's comparative negligence rule, a plaintiff's compensation may be reduced by the percentage they are found to be at fault.

New York follows a pure comparative negligence rule, meaning even if a plaintiff is 99% responsible for their own injury, they can still recover 1% of their damages. This rule applies broadly across personal injury cases in the state. However, the Scaffold Law introduces complexities when it comes to assigning fault in scaffold injuries.

Does Comparative Negligence Apply to Scaffold Injuries?

In most cases, comparative negligence does not apply to scaffold injuries in New York. Labor Law §240 largely eliminates the need to prove fault on the part of the injured worker, making New York unique compared to other states. The law holds that owners and contractors are almost exclusively responsible for providing safe scaffolding, thus removing worker fault as a significant consideration.

There are some nuances, though:

• Rare Exceptions: In situations where a worker's actions are so reckless or contrary to safety standards (e.g., failing to use provided safety equipment despite training), a judge may consider comparative negligence as a factor. However, these cases are rare.
• Comparative Negligence in Other Contexts: While §240 limits comparative negligence, other sections of New York's labor laws, such as Labor Law §241(6), which requires specific safety standards, may allow for comparative negligence to some extent if non-scaffold safety issues contributed to the injury.

Thus, while the Scaffold Law offers strong protections for workers, comparative negligence is not entirely excluded if the worker's actions were exceptionally irresponsible or reckless.

The Impact of Comparative Negligence in Scaffold Cases

Since comparative negligence rarely applies to scaffold injuries, plaintiffs often benefit from greater protection and are more likely to receive full compensation for their injuries. Here are some of the impacts of this legal structure:

• Full Compensation: Injured workers can receive full compensation for medical expenses, lost wages, pain and suffering, and other damages, regardless of their level of fault.
• Employer Accountability: The absolute liability under the Scaffold Law places pressure on property owners and contractors to prioritize worker safety and adhere to scaffold safety regulations strictly.
• Controversy and Reform: Many property owners and contractors argue that the Scaffold Law unfairly burdens them financially, as it removes workers' accountability in most cases. Efforts to reform the law have been met with resistance from labor advocates who argue it is essential for worker safety.

Safety and Prevention: Protecting Workers from Scaffold Injuries

Despite the protections offered by the Scaffold Law, safety should remain the primary focus. Common causes of scaffold injuries include:

• Lack of proper fall protection
• Poorly assembled or maintained scaffolding
• Failure to inspect scaffolding regularly
• Unsafe practices, such as overloading scaffolds or failing to use guardrails

To prevent scaffold injuries, contractors and property owners should follow these safety practices:

• Regular Inspections: Conduct routine scaffold inspections to ensure structural integrity.
• Provide Training: Workers should receive comprehensive safety training on scaffold use, fall protection, and emergency procedures.
• Use of Protective Equipment: Employers must supply and enforce the use of safety harnesses, guardrails, and other personal protective equipment (PPE).
• Adhere to OSHA Standards: Employers should comply with Occupational Safety and Health Administration (OSHA) standards, which include detailed guidelines on scaffold construction and maintenance.

What to Do if Injured in a Scaffold Accident

If you or a loved one is injured in a scaffold-related accident, it's essential to take immediate steps to protect your rights:

1. Seek Medical Attention: Obtain prompt medical care for your injuries and document all treatments.
2. Report the Incident: Report the accident to your employer as soon as possible, ensuring that an official record is created.
3. Document Evidence: Take videos and photos of the accident scene, equipment, and any contributing factors.
4. Consult a Lawyer: A skilled personal injury attorney will help you understand your rights and decide if you have a case under Labor Law §240 or another statute.

Conclusion

Comparative negligence generally does not apply to scaffold injuries in New York due to the strict liability imposed by the Scaffold Law. This law provides robust protections for workers, holding property owners, and contractors responsible for scaffold safety. While this unique law ensures workers receive compensation without bearing fault, it also underscores the importance of strict adherence to safety protocols.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York construction injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.