H.R. 3548: A Threat to Worker Safety
- Collins & Collins Attorneys
- 9 minutes ago
- 3 min read
Labor Law 240 Saves Lives—It Shouldn’t Be Gutted for Profit
At Collins & Collins, we’ve spent decades fighting for the rights of injured construction workers across New York. We’ve stood in courtrooms beside families whose lives were forever changed after a father fell from a scaffolding or a steel beam struck a young apprentice. These aren’t abstractions, they’re people. That’s why we, along with the New York State Trial Lawyers Association, strongly oppose the recent calls to dismantle Labor Law 240, commonly known as the Scaffold Law.
A recent Wall Street Journal editorial backing Rep. Nick Langworthy’s Infrastructure Expansion Act (H.R. 3548) pushes a familiar, shortsighted narrative: that this 140-year-old law is outdated, unfair, and bad for business. That editorial omits is a basic truth that we at Collins & Collins see every day: Labor Law 240 protects lives.
We should not fund infrastructure by undermining the very people who build it.
Why the Scaffold Law Exists
Labor Law 240 isn’t some legal loophole or giveaway to trial attorneys. It’s a lifeline. It was enacted in 1885 because construction workers were dying—and they still are. This law holds property owners and general contractors strictly liable for fall-related injuries when they fail to provide proper safety devices, such as harnesses, scaffolding, or ladders, etc.
Falls from heights remain one of the leading causes of death and catastrophic injury in the construction industry. Absolute liability ensures that those responsible for site safety can’t shift blame onto workers or ignore OSHA violations just to save a buck.
“Comparative Negligence” Means More Injured Workers Get Nothing
Rep. Langworthy’s proposal would replace the current protection with a comparative negligence standard, which essentially forces injured workers to prove their level of fault. That’s a steep standard when workers are being pressured to take shortcuts, rush jobs, or use broken equipment—often under the eye of indifferent site supervisors.
This change would mean more workers are denied compensation, more families will face financial ruin, and more unsafe job sites. The costs wouldn’t just be dollars, they’d be human.
The Economic Argument is Misleading
Proponents of repeal claim the law drives up construction costs, but let’s be clear: the real cost is in cutting corners and risking lives. The insurance figures being touted (like 12.5% in NY versus 2.5% elsewhere) are cherry-picked and don’t account for New York’s urban density, union protections, and volume of high-risk projects.
We also reject the implication that claims made under the Scaffold Law are frivolous. As trial attorneys, we litigate these cases—we know how rigorously courts scrutinize them. The idea that workers are faking life-altering injuries for payouts is not only offensive; it's false.
Workers Deserve Protection—Not Political Bargaining Chips
New York stands alone with Labor Law 240 because New York leads in protecting construction workers. That shouldn’t be a mark of shame, it should be a mark of pride.
This law ensures that the people making our state’s infrastructure possible are not left crippled or killed without justice. Weakening the law in the name of “affordability” is just code for protecting profits over people.
This bill is a gift to developers, lobbyists, and insurers—not to working New Yorkers. If New York caves on Scaffold Law protections for federal projects today, what’s next? State-funded schools? Private jobs?
Worker protection isn’t a luxury — it’s a moral obligation.
Stand with Workers. Defend Labor Law 240.
We at Collins & Collins proudly oppose Rep. Langworthy’s bill and the misguided arguments backing it. So does the New York State Trial Lawyers Association, and so do countless construction workers who know exactly what’s at stake.
If Congress wants to lower construction costs, it should look to other options, not take away the fundamental right of an injured worker to seek justice.
Need legal help after a construction site injury? Contact Collins & Collins, Attorneys at Law — Buffalo’s trusted personal injury advocates since 1950. 📞 716-885-9700 | 💻 www.collinscollins.com
We also urge you to reach out to your Representatives. You can use the email template provided below.
EMAIL TEMPLATE: TO REPRESENTATIVES
Subject line:
Vote NO on H.R. 3548 – Protect New York Workers
Email body:
Dear [Representative’s Name],
I’m writing as a concerned New Yorker and voter to urge you to oppose H.R. 3548, the Infrastructure Expansion Act of 2025.
This bill would gut New York’s longstanding Labor Law protections, specifically the Scaffold Law (Labor Law §240), by eliminating absolute liability on federally funded infrastructure projects. It would make worksites more dangerous, shift the blame onto injured workers, and undermine the safety and legal rights of the men and women who build our bridges, roads, and public facilities.
The Scaffold Law isn’t broken — it saves lives. Without strong liability laws, contractors cut corners. When they do, workers fall.
Please stand with workers — not developers or insurers — and vote NO on H.R. 3548.
Sincerely,
[Your Full Name]
[City, State, ZIP]
[Phone Number] (optional)
[Email Address]