Fell at a New York Construction Site? The Law May Be Entirely on Your Side
Fell from a roof, ladder, or elevated surface at a NY construction site? Labor Law §240(1) imposes strict liability. Call us for a free case review.
Falls from elevated surfaces account for a large share of fatal construction injuries in New York. Labor Law §240(1) was specifically enacted to protect workers from exactly these hazards, placing responsibility squarely on property owners.
New York workers injured in falls from height situations have access to some of the strongest legal protections in the country. Under §240(1), property owners and general contractors may be held strictly or vicariously liable without proving they were careless. This is not an accident — the Legislature designed these laws specifically to protect the state's construction workers.
What Causes Falls from Height at New York Job Sites
- Unprotected floor openings and roof edges
- Missing fall protection equipment such as harnesses and lanyards
- Slippery or unstable walking surfaces
- Unsecured floor grates and covers
- Lack of perimeter safety netting
- Workers directed to work at elevation without adequate fall arrest systems
Common Injuries in Falls from Height Accidents
- Traumatic brain injury and skull fractures
- Spinal fractures with or without paralysis
- Pelvic and hip fractures
- Torn ACL, MCL, and other knee ligaments
- Bilateral heel fractures (calcaneus fractures)
- Internal bleeding and organ damage
The Law Behind Falls from Height Claims in New York
Labor Law §240(1) applies to any fall where gravity is a contributing factor and the worker was performing covered work — construction, demolition, repair, painting, and more. The Court of Appeals has interpreted this broadly: if you fell from an elevated worksite and were hurt, the question is not whether you were careless but whether the safety devices provided were adequate. Industrial Code 12 NYCRR 23-1.7(b) addresses hazardous openings and requires covers or barriers; §23-1.7(d) requires slip-resistant surfaces. Violations of these codes supply the predicate for a §241(6) claim as a fallback where §240(1) may not directly apply.
This is strict liability under New York's Scaffold Law. The property owner and general contractor cannot claim you were at fault. If the safety device failed to provide proper protection, liability is established.
Industrial Code 12 NYCRR 23-1.7 sets specific construction standards that directly apply to falls from height situations. 12 NYCRR 23-1.7(b), 12 NYCRR 23-1.7(d) — violations of these rules are the predicate for a §241(6) claim alongside or instead of a §240 claim.
OSHA standards (29 CFR 1926.502) are also relevant. An OSHA citation or inspection report following your accident can be powerful evidence of the property owner's or GC's failure to maintain a safe worksite.
Labor Law
- §240(1)
Industrial Code
- 12 NYCRR 23-1.7(b)
- 12 NYCRR 23-1.7(d)
OSHA Standards
- 29 CFR 1926.502
What Are Falls from Height Cases Worth in New York?
Typical Low End
$300,000
Serious/Permanent Injury
$4,000,000+
New York falls from height settlements typically range from $300,000 to $4,000,000+. The wide range reflects real differences in outcomes: a worker who suffers a broken wrist and returns to work in three months is in a very different position than a worker with a spinal cord injury who cannot return to any employment.
Key factors in your case value include the severity and permanence of your injuries, your pre-injury earning history (construction trades typically earn $60,000–$120,000/year or more, compounding lost wage damages), the number and financial strength of defendants, and any Workers' Compensation offset.
Do not accept an early settlement offer without consulting a lawyer. Insurance adjusters' first offers are calculated to minimize payout. A §240 claim with a permanent injury is worth multiple times what an adjuster's early offer reflects.
How to Protect Your Falls from Height Case
Document the fall location
Photos of the unprotected edge, missing guardrail, or open floor hole must be taken before the GC installs the protection that should have been there before your accident.
Collect OSHA records
If OSHA responded, the inspection report and any citations are public records that directly evidence the §241(6) violation on your date of injury.
Identify all witnesses
Coworkers, foremen, and safety officers who saw the fall or the site conditions should be identified before they move to other projects or become unavailable.
Get an independent medical evaluation
Traumatic brain injury, spinal injuries, and orthopedic damage from falls are frequently underdiagnosed in emergency settings. Specialist records maximize your damages recovery.
Frequently Asked Questions
Hurt in a Falls from Height Accident in New York?
Call (888) 702-1581 for a free case review. We handle §240(1) claims throughout New York state. No fee unless we win.