Courts and appeals
Construction Injury Rulings on Appeal: the Scaffold Law and § 241(6)
New York's Scaffold Law, Labor Law § 240(1), makes owners and contractors liable when missing or inadequate safety devices lead to a fall from height or a falling-object injury; § 241(6) covers violations of specific safety rules. How often do injured workers win on liability before trial? It depends a lot on where the appeal is heard.
Updated October 8, 2026
Key findings
- Across 945 appeal rulings from 2014 to 2026, the injured worker came away with summary judgment on liability 35% of the time.
- Claims under § 240(1), which covers falls from height and falling objects, won summary judgment far more often (49% of 580 rulings) than claims under § 241(6), which depend on a specific safety-code violation (12% of 365).
- Where the appeal is heard matters: injured workers won summary judgment in 47% of First Department rulings (Manhattan and the Bronx; 544 rulings) but in 18% of Second Department rulings (Brooklyn, Queens, Staten Island, Long Island and the lower Hudson Valley; 390 rulings).
- By year, the rate ranged from 27% in 2022 to 43% in 2026 (so far), counting years with at least 10 rulings.
The data
35%
of appeal rulings left the injured worker with summary judgment on liability
945
appeal rulings in our records
47%
in the First Department (Manhattan and the Bronx)
18%
in the Second Department (Brooklyn, Queens, Staten Island, Long Island and the lower Hudson Valley)
By section of the law
| Claim | Rulings | Worker won summary judgment |
|---|---|---|
| Labor Law § 240(1): falls from height and falling objects | 580 | 49% |
| Labor Law § 241(6): safety-code violations | 365 | 12% |
By appeals court
| Appellate Division | Rulings | Worker won summary judgment |
|---|---|---|
| First Department (Manhattan and the Bronx) | 544 | 47% |
| Fourth Department (Western and Central New York) | 3 | Not enough rulings |
| Second Department (Brooklyn, Queens, Staten Island, Long Island and the lower Hudson Valley) | 390 | 18% |
| Third Department (Capital Region, North Country, Southern Tier and Catskills) | 8 | Not enough rulings |
By year
| Year | Rulings | Worker won summary judgment |
|---|---|---|
| 2018 | 88 | 34% |
| 2019 | 81 | 35% |
| 2020 | 102 | 32% |
| 2021 | 117 | 30% |
| 2022 | 128 | 27% |
| 2023 | 100 | 34% |
| 2024 | 101 | 37% |
| 2025 | 109 | 42% |
| 2026 | 103 | 43% |
What these figures can and can't tell you
- Appellate Division decisions since 2013 in which a firm listed on SettleScore was counsel; not every appellate decision on these motions.
- Appealed motions only: trial-court rulings that were not appealed are not in public decisions.
- No firm is named.
Every figure on this page comes from the records; nothing is estimated. Groups with fewer than 10 records show no figures. How we collect records