Workers dismantle scaffolding around the state Capitol’s central courtyard on Wednesday, Dec. 14, 2022.

In 1885, New York enacted what has become one of the most controversial statutes in the construction industry: the Scaffold Law. It was designed to protect workers in an era when industrial accidents were common and workplace regulations were minimal. But over the course of the 20th century, other worker protections were established at the state and federal levels. And today, New York stands alone as the only state that enforces absolute liability for elevation-related accidents — and its construction industry is facing the consequences.

The Scaffold Law imposes a standard of absolute liability on contractors and subcontractors whenever a worker is injured in a fall or other elevation-related accident. Under this standard, the accident is the responsibility of the company, regardless of the worker’s own actions. Even when a company has provided the right equipment, enforced safety........

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