Do I Have a Case if I Fall While Doing Construction?
Falls are one of the most common and devastating accidents in the construction industry. If you fell on a job site in New York City, you may be wondering: Do I have a case? The answer often depends on the circumstances of your fall, the safety measures (or lack thereof) at the site, and New York’s powerful worker protection laws.
New York Laws Protecting Injured Construction Workers
New York has some of the strongest legal protections for workers who suffer falls on construction sites.
- Labor Law §240(1) – The Scaffold Law
This law holds property owners and general contractors strictly liable for gravity-related injuries such as falls from ladders, scaffolds, roofs, or platforms. If you were not provided adequate fall protection (such as harnesses, guardrails, or safe scaffolding), you may have a case – regardless of fault. - Labor Law §241(6)
Allows claims for violations of New York’s Industrial Code safety regulations. - Labor Law §200
Requires employers to maintain a reasonably safe work environment.
Potentially liable parties may include property owners, general contractors, subcontractors, equipment manufacturers, and safety consultants.
Common Causes of Construction Falls
If your accident involved any of these hazards, you may have a claim:
- Unprotected edges or openings
- Defective or unstable scaffolding
- Unsafe ladders or equipment failure
- Missing or inadequate guardrails
- Inadequate lighting or weather hazards
- Lack of fall-arrest systems
- Site debris or poor housekeeping
- Improper use of lifts or mobile elevated work platforms (MEWPs)
Do I Have a Case?
You may have a case if:
- You fell from a height while performing construction, demolition, repair, painting, or cleaning work.
- Safety equipment was missing, defective, or not provided.
- A contractor, owner, or third party failed to follow required safety standards.
Even if you received workers’ compensation, you may also have the right to bring a third-party lawsuit against negligent owners, contractors, or equipment manufacturers for additional damages.
Types of Compensation
- Workers’ Compensation
- Medical care and treatment
- Wage replacement (two-thirds of average weekly wage)
- Disability benefits
- Third-Party Personal Injury Lawsuits
- Full lost wages and future earnings
- Pain and suffering
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Wrongful death damages for surviving family
- Punitive damages for extreme negligence
Steps to Take After a Fall
- Get immediate medical care.
- Report the accident to your supervisor.
- Document the scene (photos of hazards or missing safety equipment).
- Collect witness information.
- Preserve defective safety gear or equipment.
- Avoid speaking with insurers before consulting a lawyer.
- Keep all medical records and bills.
Time Limits (Statute of Limitations)
- Workers’ Compensation: Report within 30 days, file within 2 years.
- Personal Injury (Labor Law 240): 3 years from the date of injury.
- Wrongful Death: 2 years from the date of death.
- Municipal Claims: Notice of claim within 90 days; lawsuit within 1 year + 90 days.
Why You Need a Construction Accident Lawyer
Insurance companies and contractors often try to shift blame or minimize payouts. A skilled NYC construction accident attorney can:
- Investigate the accident
- Identify every liable party
- Work with medical and engineering experts
- Handle negotiations and litigation
- Maximize your recovery under Labor Law protections
Greenstein & Pittari, LLP – Advocates for Injured Construction Workers
At Greenstein & Pittari, LLP, we fight for workers injured in falls from heights.
- No fee unless we win – Our Fee Guarantee
- Labor Law litigation specialists with a proven record under §240
- Experience with catastrophic injuries such as TBI, spinal cord injuries, and wrongful death
- Bilingual services and assistance for undocumented workers
- Hundreds of client testimonials and recognition as Top-Rated Lawyers
The Bottom Line
If you fell while working construction, you may very well have a case. New York law strongly protects workers from unsafe conditions, and you may be entitled to both workers’ compensation and additional damages through a lawsuit.
Don’t wait – call 1-800-VICTIM2 (1-800-842-8462) to speak with an experienced NYC construction accident lawyer today.