U.S. Chamber Calls for End to NY Scaffold Law on Federal Projects

The U.S. Chamber of Commerce and its Institute for Legal Reform are urging Congress to pass H.R. 3548, the Infrastructure Expansion Act of 2025, which would preempt New York’s Scaffold Law on federally assisted or permitted projects.

Enacted in 1885, the Scaffold Law imposes absolute liability on property owners and contractors for gravity-related injuries, even if the worker is at fault. New York is the only state that does not follow a comparative negligence standard.

The Chamber’s letter to lawmakers points to multimillion-dollar verdicts, widespread insurance fraud, and inflated construction costs—up to 10% higher—as consequences of the law. It also references RICO lawsuits and a DOJ investigation into staged accidents linked to fraudulent injury claims.

H.R. 3548 would restore fairness by requiring states to apply fault-based liability standards on federal projects while preserving workers’ compensation protections. The Chamber applauded Rep. Nick Langworthy for leading the charge.🀰