Construction Site Fall Accident Lawyer in New York City
Falls are the leading cause of construction fatalities in New York City – and in the country. Scaffolding collapses, ladder slips, falls through floor openings, and roof accidents kill and permanently disable construction workers across all five boroughs every year. When these accidents happen, they are rarely truly “accidental” – they are the result of inadequate safety equipment, failure to follow safety protocols, and corners cut by property owners and general contractors under financial pressure.
In New York, workers who are injured in elevation-related falls have access to the strongest legal protections in the country. Labor Law § 240(1) – the Scaffold Law – imposes absolute liability on property owners and general contractors for covered fall accidents. That means you don’t have to prove they were careless. If you fell because the right safety protection wasn’t there, they are liable.
Linden Law represents construction workers injured in falls of all types throughout New York City. Free consultation. No fee unless we win.
Call (212) 804-8440
Falls Are the Leading Cause of Construction Fatalities in NYC
The statistics are stark. Year after year, falls from height account for the largest share of construction worker fatalities in New York City. The Bureau of Labor Statistics and OSHA consistently identify falls as one of the “Fatal Four” – the four causes responsible for the majority of construction deaths.
What makes this more than a statistic is that falls from construction sites are largely preventable. Federal OSHA regulations, New York’s Labor Laws, and the NYC Building Code all require specific fall protection measures: guardrails on open-sided scaffolds and elevated platforms, safety harnesses and lanyards for work above certain heights, covers over floor and roof openings, and properly secured ladder placements. When these measures are not implemented, workers fall. And in New York, the owner and general contractor are absolutely liable when that happens.
Scaffold Falls – Labor Law 240 Applies
Scaffold collapses and falls from scaffolding are among the most catastrophic construction accidents. Workers on scaffolding – whether erecting it, dismantling it, or using it as a work platform – are entirely dependent on others having properly assembled, braced, and maintained the structure.
What causes scaffold falls:
– Structural failure from inadequate bracing, improper assembly, or overloading
– Missing or inadequate guardrails on open-sided scaffold platforms
– Unsecured planking that shifts, tips, or collapses underfoot
– Improper access – workers falling while climbing to or from a scaffold
– Weather conditions – wet or icy scaffold surfaces without non-slip provisions
What law applies: Scaffold falls are classic Labor Law § 240(1) cases. The statute explicitly lists “scaffolding” as a device that must be “so constructed, placed and operated as to give proper protection.” If the scaffold was inadequate and a worker fell, absolute liability attaches to the property owner and general contractor.
Evidence we pursue: Site photographs before the scaffold is modified or removed, OSHA inspection reports and citations, scaffold erection records, manufacturer load ratings, and eyewitness accounts from other workers.
Ladder Falls – OSHA and Labor Law 240 Both Apply
Falls from ladders are the most common type of elevation-related construction accident. Portable ladders – both A-frame and extension – are used constantly on job sites, and their misuse, improper positioning, or defective condition causes serious injuries every day.
What causes ladder falls:
– Unsecured ladders that slip at the base or top during use
– Ladders used at an improper angle (extension ladders must be used at a 4:1 ratio)
– Wrong type of ladder for the task – A-frame where an extension is required
– Defective ladders with broken or bent rungs, cracked rails, or corroded hardware
– Overreaching to the side because the ladder was improperly positioned
– No ladder provided at all – workers forced to improvise with makeshift steps
What law applies: Ladder falls are well within Labor Law § 240(1)’s scope. Courts have consistently held that a ladder that slips, tips, or collapses while in use constitutes a failure to provide “proper protection” under the statute. § 241(6) claims based on Industrial Code § 23-1.21’s specific ladder requirements are frequently available in addition to § 240.
Evidence we pursue: The actual ladder involved (we seek to preserve it before it is removed from the site), photographs of the accident location and surface conditions, records of what equipment was available on the site, and maintenance and inspection records for the specific ladder.
Falls Through Roof and Floor Openings – Both § 240 and § 241(6) Apply
Falls through unguarded or improperly covered openings in floors, roofs, or other elevated surfaces are a distinct and deadly category of construction fall. These accidents often happen without warning – a worker steps onto what appears to be a solid surface, or crosses an area that should have been covered, and falls through.
What causes roof and floor opening falls:
– Unguarded openings in floors, roofs, or work platforms
– Inadequate covers that cannot support the loads placed on them
– Covers simply laid over openings rather than secured, which shift when stepped on
– Skylight falls – translucent surfaces that look solid but cannot support weight
– Falls into elevator shafts, stairwells, and similar vertical openings
What law applies: Both § 240(1) and § 241(6) apply. Under § 240, the failure to guard or cover an opening that creates an elevation-related risk is a statutory violation. Under § 241(6), Industrial Code § 23-1.7(b) specifically requires that floor openings be guarded or covered.
What Safety Equipment Should Have Been There
When a worker falls on a construction site, the first question is: what protection should have been in place? Federal OSHA standards and New York’s Industrial Code specify exactly what is required:
- Safety harnesses and lanyards for work above certain heights on surfaces without guardrails
- Guardrails – required on open-sided scaffolds and elevated platforms above specified heights
- Safety nets – when neither guardrails nor personal fall arrest systems are feasible
- Floor opening covers – capable of supporting twice the maximum intended load, marked, and secured against displacement
- Ladder requirements – proper type, angle, condition, and securing for the specific application
- Planking on scaffolds – overlapped, secured, and of sufficient strength
When any of these required protections are missing or inadequate, the owner and general contractor are liable under Labor Law 240.
Injuries from Construction Falls
Construction falls cause some of the most severe injuries in any area of personal injury law:
- Spinal cord injuries and paralysis – from the force of landing on hard surfaces
- Traumatic brain injury (TBI) – from head strikes on the ground, scaffold, or other surfaces
- Multiple fractures – pelvis, femur, tibia, wrist, shoulder
- Internal organ damage – from the impact of a fall from significant height
- Death – falls from height remain the leading cause of construction fatalities
- Crush injuries – when falling objects or collapsing structures compound the fall
The workers’ compensation system cannot come close to adequately compensating these losses. A Labor Law lawsuit against the property owner and general contractor is where full recovery is available.
Frequently Asked Questions
I fell from a scaffold on a NYC construction site. Is the property owner automatically liable?
Under Labor Law § 240(1), if the scaffold was inadequate and you fell, absolute liability attaches to the property owner and general contractor. Their knowledge of the defect, their care in providing equipment, and your contributory negligence are not defenses. This is an extraordinarily powerful protection for injured workers.
I fell off a ladder because I was reaching too far to the side. Is that still a claim?
Possibly yes. Courts have addressed overreaching scenarios and often find § 240 liability when the overreaching occurred because the ladder was improperly positioned – meaning the worker had to overreach to do the task because no one repositioned the ladder. The analysis is fact-specific. Call us and we will evaluate it.
I fell through a floor opening that had a cover on it. Is there still a § 240 claim?
Yes, if the cover was inadequate – too weak, not secured against displacement, or not a proper cover for the opening. A cover simply laid over an opening that shifts when stepped on is a violation. Even a covered opening can give rise to § 240 and § 241(6) liability.
Can I bring a construction fall lawsuit while also receiving workers’ compensation?
Yes. Workers’ compensation covers your claim against your direct employer. The Labor Law lawsuit is against the property owner and general contractor – different defendants. The two claims run simultaneously. When the lawsuit settles, the workers’ compensation lien must be addressed – Linden Law handles this.
What if OSHA did not issue any violations after my accident?
OSHA citations are helpful evidence but are not required for a Labor Law claim. OSHA investigates from a regulatory standpoint; your civil claim is evaluated under different legal standards. Even when OSHA issues no citation, the site conditions may clearly violate the Labor Law. We conduct our own independent investigation.
Call Linden Law – NYC Construction Fall Accident Attorneys
Falls on construction sites cause devastating injuries. New York’s Labor Laws give injured workers powerful rights – but those rights must be vigorously pursued. Linden Law is ready to fight for you.
Call: (212) 804-8440
No fee unless we win. Free consultation. Jason Linden personally handles every case.
Linden Law LLC | 250 West 57th St., Suite 432, New York, NY 10017 | linden.law