Construction workers face unique risks on the job. Without the right safety measures in place, tasks like working from scaffolding or climbing a ladder become incredibly hazardous, even fatal.
Whether you were hurt from a slip and fall or lost a loved one, you need to know the right next steps. Below, our team from Cassisi & Cassisi, P.C., explains the legal options for injured workers after falls on NYC construction sites. If you need a construction accident lawyer in New York, consider calling our team for a consultation.
How Common Are Falls From Heights?
Falls from heights on NYC construction sites are an unfortunately common reality. According to the OSHA Fatal Four Hazards update for 2026, there were over 1,000 construction-related fatalities in 2023. Out of all occupational fatalities, 20% happen in this sector.
Falls lead the list of OSHA’s Fatal Four, accounting for over 36% of all fatalities in the industry. OSHA notes that these falls often happen from:
- Walking near exposed ledges or cracks
- Poorly built walking platforms
- Workers falling off ladders, scaffolding, flooring, or massive building areas
- Failure to use adequate fall safety measures
In 2022, there were 397 fatal falls from a height to a lower level in the construction industry. Outside of fatalities, in the two-year period leading up to this, an average of roughly 31 workers per 10,000 suffered injuries that required days away from work from falls, trips, or slips in the construction industry.
The Legal Protections for Construction Workers
Construction workers in New York are protected by state labor laws and federal workplace safety regulations. Labor Law 240, sometimes referred to as the “Scaffold Law,” relates to gravity-related risks involving ladders, scaffolds, hoists, and other elevated work areas. Labor Law 241 focuses on construction, excavation, and demolition work and requires compliance with specific safety rules contained in New York’s Industrial Code.
These laws often apply when workers suffer injuries connected to falls, falling objects, or unsafe site conditions. Beyond employers, property owners and contractors are often expected to follow the specific safety requirements outlined in these codes to reduce the risk of serious accidents. Depending on the facts of the accident, liability may extend beyond an employer to involve other parties connected to the project.
OSHA’s Standards on Fall Prevention
OSHA has established a range of workplace safety standards aimed at reducing fall-related hazards on construction sites. These policies address protective equipment and site conditions to minimize the risk of injuries in elevated work areas. Employers are generally expected to evaluate known fall risks and implement safeguards that are appropriate for the type of work being performed.
Examples of fall prevention include:
- Providing and maintaining personal fall protection equipment
- Securing floor openings and other hazardous gaps
- Installing guardrails along elevated walking surfaces
- Keeping work areas reasonably clear of debris
- Training workers on jobsite hazards and safety procedures
- Addressing known dangerous conditions that could increase the likelihood of a fall-related incident
Legal Options After Construction Site Falls in NYC
The legal options for injured workers after falls on NYC construction sites vary significantly based on case details. Here are a few key details to know:
- You can generally pursue workers’ compensation: The first avenue for compensation after a workplace injury is typically workers’ comp, as it can provide faster access to financial relief. It may cover medical costs and a portion of lost wages.
- You may not be able to sue your employer: Workers’ compensation protects employers from liability. You are typically barred from suing your direct employer, regardless of safety violations relating to Labor Law 240, 241, or OSHA.
- You may be able to file a third-party lawsuit: Liability for falls on NYC construction sites can be more complex than what you see on the surface. A project manager, equipment manufacturer, and property owner could all be partially responsible for an accident. When other parties contribute to an accident, the door opens for a lawsuit.
Maximizing compensation for construction fall injuries in NYC can be easier when you approach the process correctly. It’s recommended that you seek medical treatment immediately after the accident for a confirmed diagnosis tying your injuries to the fall. Take photos and videos of the accident scene, if possible, and notify your employer to request that they create an official report.
Are You Looking for a Construction Accident Lawyer in Mineola?
If you need further help understanding New York’s construction accident laws, we can help. At Cassisi & Cassisi, P.C., we’re based in Mineola, but we serve clients throughout Long Island and all the way to Queens. Give us a call at (516) 294-5050 to discuss the legal options for injured workers after falls on NYC construction sites.
FAQs
Find out more about injured worker rights after construction falls in our frequently asked questions section below.
Do You Need a Construction Accident Lawyer in Long Island To File for Workers’ Compensation?
Legal counsel is not required to access workers’ compensation benefits. An attorney may be helpful when navigating your legal options, especially if you’re considering filing a third-party lawsuit or if your employer is threatening to retaliate against you. If you’re unsure how to proceed, you may request a consultation with many lawyers at no fee to discuss your options.
If You Fall From a Height at Work, Can You Sue Your Employer?
If you’re injured at work in any way, you’re typically barred from suing your direct employer. You may still be able to file a lawsuit against other parties, such as subcontractors or property owners, if they contributed to your injury.
What Is Labor Law 240?
Labor Law 240, often called the “Scaffold Law,” provides protections for workers against elevation-related hazards. For more information on how this and other legislation may relate to your case or to learn more about the legal options for injured workers after falls on NYC construction sites, consider consulting an attorney with experience in cases involving construction-related accidents.
