Scaffold Law PLLC · Est. 2009
No Fee
Unless
We Win
$340M+ Recovered
Scaffold represents union carpenters, ironworkers, electricians, and laborers injured on New York job sites — filing Labor Law §240 scaffold cases, crane collapse suits, and trench cave-in actions across all five boroughs.
What They Tell You vs. What The Law Says
Insurance adjusters are trained to minimize your claim. These are the exact arguments they use — and exactly what New York Labor Law says in response.
| What the insurer says | What New York Labor Law says |
|---|---|
You were careless. You didn't follow safety protocol. Your claim is substantially reduced — or eliminated entirely. We're offering $15,000 as a final settlement. | Under Labor Law §240, owners and contractors face absolute liability for gravity-related injuries. Your own negligence is irrelevant. Under §241(6), even if you share some fault, you still recover — compensation is only reduced by your percentage of fault, not eliminated. NY Labor Law §240(1) · §241(6) |
New York courts have held that §240 creates strict liability regardless of contributory negligence. Insurance adjusters routinely misrepresent this to injured workers. | |
| What the insurer says | What New York Labor Law says |
|---|---|
You signed a 1099 agreement. You're self-employed. Labor Law protections only apply to employees. You have no claim against the property owner. | Employment status is irrelevant under §240. The law protects all workers performing covered work — whether you're a W-2 employee, a day laborer, or a 1099 subcontractor. Your immigration status also has no bearing on your rights. NY Labor Law §240(1) |
Courts have consistently held that "employees" under §240 includes all workers performing covered tasks, regardless of how the contractor classifies them. | |
| What the insurer says | What New York Labor Law says |
|---|---|
You should have called us sooner. Evidence is gone. Witnesses have moved on. It's probably too late to do anything meaningful at this point. | You generally have three years from the date of the accident to file a Labor Law lawsuit. If a government entity owned the property, you have 90 days to file a Notice of Claim and 1 year and 90 days total. Act now — evidence does disappear, but your legal window is still open. CPLR § 214 · General Municipal Law §50-e |
Fatality wrongful death claims have a 2-year window. Government property claims have shorter deadlines — this is where delay genuinely matters. | |
| What the insurer says | What New York Labor Law says |
|---|---|
If you sue us, we'll contest your workers' comp. You'll end up with nothing while lawyers take their fees. Take the settlement and keep your benefits. | Filing a Labor Law lawsuit under §§200, 240, or 241 does not affect your workers' compensation eligibility. You can — and should — pursue both simultaneously. Workers' comp covers medical bills and partial wages. A lawsuit recovers pain and suffering, future lost earnings, and long-term disability. These are separate claims. NY Workers' Comp Law · NY Labor Law §200, §240, §241 |
Workers' comp is a no-fault system paid by your employer. A third-party Labor Law claim is against the property owner or general contractor — a different legal action entirely. | |
| What the insurer says | What New York Labor Law says |
|---|---|
You're not legally authorized to work here. Filing a claim could expose you to immigration enforcement. You have no standing to sue in New York courts. | New York Labor Law protects every worker on a covered job site — regardless of immigration status. Courts have explicitly held that undocumented workers have full standing to bring §240 claims. Your employer cannot use your status as a shield. NY Labor Law §240(1) · Balbuena v. IDR Realty (2006) |
The Court of Appeals in Balbuena confirmed that undocumented workers are entitled to full Labor Law protections and damages, including lost wages. | |
The gap between what you're being offered and what you're owed is the case.
We have filed Labor Law claims for ironworkers, electricians, plumbers, carpenters, painters, bricklayers, elevator mechanics, and laborers across all five boroughs. The law is the same for every one of them.
Free Case Assessment
Five questions. No commitment. Find out if New York Labor Law protects your injury — before you speak to anyone at the insurance company.
Question 1 of 5
Select the one that best describes what happened.
$340M+
Recovered for injured workers
1,200+
Labor Law cases filed
17 years
Practicing in New York courts
5 boroughs
Manhattan · Brooklyn · Queens · Bronx · Staten Island
Trades covered under New York Labor Law §240
From the founding partner
“By the time the adjuster calls with an offer, they already know what the case is worth. The number they quote is what they hope you'll accept before you talk to a lawyer.”
Marco Valenti
Founding Partner · Scaffold Law PLLC
Absolute liability under §240
If safety equipment failed and gravity caused your injury, the property owner is liable — regardless of your actions.
Workers' comp is not enough
Workers' comp covers bills and partial wages. A Labor Law claim recovers pain and suffering, future earnings, and permanent disability.
Evidence disappears fast
Scaffolding gets dismantled. Witnesses leave the site. Surveillance footage is overwritten. Every day matters.
No Fee Unless We Win
Evidence disappears. Witnesses relocate. Statutory deadlines approach. A 10-minute call costs nothing and could mean the difference between $15,000 and what you're actually owed under New York Labor Law.
Available 24 hours · All five boroughs · Español disponible
