Falls from heights are among the most serious and often fatal accidents on New York City construction sites, typically involving ladders, scaffolding, or unguarded edges. While injured workers are generally entitled to workers’ compensation benefits—which cover medical expenses and partial wage replacement—they are barred from suing their employer directly. However, under New York Labor Laws, injured workers may pursue a third-party personal injury claim against property owners or general contractors if their failure to provide proper fall protection contributed to the accident, allowing for more extensive compensation, including pain and suffering.
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Hurt in a construction site accident? Our NYC attorneys are ready 24/7 to help you win. No fee unless we recover for you.
Call NowFriedman, Levy, Goldfarb, Green & Bagley, P.C. is a trusted legal ally for injured construction workers in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and throughout the NYC metropolitan area. A personal injury lawyer who understands New York’s complex labor laws can help you explore all avenues of compensation and fight to maximize your total financial recovery after a serious construction accident in New York. Schedule a free consultation today.
Experience Counts: How a New York Construction Accident Lawyer Can Help
Our results handling construction accident claims speak for themselves, and include:
- $4.2 million settlement for a member of the International Union of Operating Engineers Local 14-14B who fell on the job and was permanently disabled.
- $3.4 million settlement for a painter injured by falling wall panels.
- $3 million settlement for an electrician injured when a switch gear fell on his legs.
These are only a few of the outstanding results we have achieved for injured New Yorkers in our more than 50-year history of practicing personal injury law. If you entrust us with your legal claim, an experienced New York construction accident lawyer at our firm can help you understand your rights and fight for the maximum compensation you deserve.
New York Labor Laws
If you sustained an injury while working in construction, New York’s Labor Laws will be central to your ability to pursue full compensation for your damages. Below are some of the most important statutes that regulate safety standards and help establish liability on construction sites throughout the state.
New York Labor Law 200
This statute mandates that construction companies, contractors, and other responsible parties ensure a safe working environment for construction workers. Compliance includes implementing essential safety measures such as proper protective gear, guardrails, fire prevention systems, adequate lighting, and sanitation facilities. When parties violate this law and a construction worker is injured as a result, they generally have a valid cause of action against the at-fault party.
New York Labor Law 240
Commonly referred to as the “Scaffold Law,” this statute applies to injuries caused by gravity-related incidents, such as falls from heights or being struck by falling objects. It imposes strict liability on property owners and contractors who fail to provide proper safety measures—such as secure scaffolding or adequate fall protection—on elevated work areas.
New York Labor Law 241
This statute requires property owners, contractors, and their agents to maintain a safe work environment for construction workers, with specific provisions focused on excavation, demolition, and general site safety. It also outlines strict guidelines for the construction and treatment of floors during the construction process.
These protections apply to construction workers injured in New York City, Long Island, Westchester County, Rockland County, and throughout the entire state.
What Compensation Is Available?
If you were injured on the job, you are entitled to workers’ compensation benefits, which provide financial and medical support while you recover. These benefits typically include:
- Medical Coverage – All necessary medical treatment related to your injury, including emergency care, hospital stays, surgeries, prescription medications, diagnostic testing, and rehabilitation services like physical therapy.
- Lost Wage Benefits – Compensation equal to two-thirds of your average weekly earnings, up to a state-set maximum, for the time you cannot work due to your injury.
- Vocational Rehabilitation – Assistance with job retraining or education if your injury prevents you from returning to your previous position, helping you transition to a new role.
Third-Party Personal Injury Claims
If the circumstances of your injury make you eligible for a third-party claim, you may also be entitled to monetary damages for:
- Future loss of earning capacity
- Pain and suffering
- Emotional trauma
- Diminished quality of life
- Scarring and disfigurement
It’s important to understand that filing a personal injury claim does not interfere with your workers’ compensation benefits. You are fully entitled to seek additional compensation from any third party whose negligence contributed to your accident while still receiving the workers’ comp benefits owed to you.
Your Recovery Starts with a Call
Hurt in a construction accident? Our NYC attorneys are ready 24/7 to help you win. No fee unless we recover for you.
Call NowCommon Causes of Falls from Heights on Construction Sites in New York
Falls from heights are among the most common causes of serious injuries and fatalities on New York construction sites. These accidents often result from preventable safety failures and violations of the Occupational Safety and Health Administration (OSHA) regulations and New York Labor Laws.
OSHA classifies falls as one of the “Fatal Four” hazards in construction and mandates strict fall protection standards, yet many employers and contractors fail to comply.
Below are some of the most frequent causes of height-related falls on job sites:
- Improper or Missing Fall Protection. Failure to use required fall protection systems—such as guardrails, harnesses, lifelines, or safety nets—violates OSHA standards and New York Labor Law § 240(1), which imposes strict liability for gravity-related accidents.
- Unsafe or Defective Scaffolding. Falls frequently occur when scaffolding is unstable, improperly constructed, or lacks necessary safety features. Labor Law § 240(1) specifically addresses injuries caused by scaffold failures.
- Unsecured or Damaged Ladders. Using broken, incorrectly positioned, or unsecured ladders can lead to dangerous falls. These incidents often stem from a failure to follow OSHA ladder safety regulations and proper training requirements.
- Open and Unguarded Edges. Roof edges, mezzanines, and upper-level walkways without guardrails or warning systems pose serious fall risks. Under New York Labor Law § 240(1), property owners and general contractors are strictly liable for failing to provide adequate fall protection in these elevated work areas.
- Improper Use of Aerial Lifts or Platforms. Operating boom lifts, cherry pickers, or other elevated platforms without proper training, restraint systems, or stable ground conditions can result in falls from significant heights.
- Slippery or Unstable Work Surfaces. Wet, uneven, or debris-covered surfaces increase the likelihood of slipping and falling, particularly when working at elevation.
These hazards are preventable with proper planning, training, and compliance. Injured workers may have grounds to pursue a third-party personal injury claim under New York Labor Laws when a fall occurs due to negligence.
Common Injuries
Falls from elevated surfaces are among the most dangerous types of construction accidents and often lead to severe, life-altering injuries. Below are some of the most common injuries sustained in these incidents:
- Traumatic Brain Injuries (TBIs). Falls from heights can cause the head to strike hard surfaces, resulting in concussions, brain hemorrhages, or long-term cognitive impairment—even with helmet use.
- Fractures and Broken Bones. High-impact falls often lead to broken arms, legs, ribs, hips, or pelvises. These injuries may require multiple surgeries and extended recovery periods.
- Internal Injuries and Organ Damage. The force of a fall can cause internal bleeding or trauma to organs such as the lungs, liver, or kidneys, often necessitating emergency medical intervention.
- Back and Neck Injuries. Even if the spinal cord is not directly affected, damage to the vertebrae, discs, or soft tissues can result in chronic pain and long-term mobility issues.
- Severe Lacerations and Contusions. Falling onto sharp or rough surfaces can lead to deep cuts, bruising, and significant blood loss, sometimes requiring stitches or skin grafts.
- Dislocations and Soft Tissue Injuries. Joints such as shoulders, knees, and elbows can be dislocated or strained, leading to a reduced range of motion and permanent instability.
- Spinal Cord Injuries and Paralysis. Impact to the back or neck can damage the spinal cord, potentially leading to partial or complete paralysis, including paraplegia or quadriplegia.
Unfortunately, many falls from heights result in fatal injuries. Surviving family members may be eligible to pursue a wrongful death claim under New York law.
Schedule a Free Consultation with a Construction Injury Attorney in NYC
A construction accident lawyer in New York can help you pursue fair and just compensation for the losses you have suffered after a scaffolding collapse, fall from heights, or other accidents on a NYC construction site. The attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have extensive experience handling construction accident claims and a proven record of success standing up for the injured. Contact us today to arrange your free and confidential legal consultation.
We represent clients in all five boroughs of New York City, as well as those living on Long Island and in Westchester County, Rockland County, and the Hudson Valley.
