New York City Construction Site Fall Lawyer

Construction sites are among the most dangerous workplaces in New York City, and falls are the leading cause of death and serious injury in the industry. When a worker falls from scaffolding, an unsecured ladder, an open floor opening, or a roof edge, the consequences are almost never minor. Spinal fractures, traumatic brain injuries, shattered limbs, and permanent disability follow these accidents at a rate that sets construction apart from virtually every other occupation. If you were hurt in a fall at a New York City job site, a New York City construction site fall lawyer at Cohan Law Firm can help you understand what your claim is actually worth and who is legally responsible for paying it.

Why Construction Falls in NYC Are Legally Different from Other Injury Claims

New York is one of the few states with a law that dramatically shifts the legal landscape for workers injured in elevation-related accidents. Labor Law Section 240, often called the Scaffold Law, holds property owners and general contractors strictly liable when a worker falls due to inadequate fall protection. That means the injured worker does not have to prove the owner or contractor was careless in the ordinary sense. The law was designed specifically because courts recognized that workers often have no practical ability to refuse unsafe conditions at large job sites without losing their jobs.

This matters enormously in practice. In a typical negligence case, comparative fault can reduce or eliminate a plaintiff’s recovery if the injured person bore any responsibility for the accident. Under the Scaffold Law, when liability is absolute, defendants cannot point to the worker and say it was partially their own fault. That changes the entire negotiating dynamic and typically produces significantly larger recoveries than standard negligence claims would allow.

Labor Law Section 241(6) adds another layer of protection. It requires that construction sites meet the specific safety rules set out in New York’s Industrial Code. Falls caused by improperly maintained walkways, lack of safety nets, inadequate guardrails, or floors without proper covers can each trigger liability under this section. An attorney who handles these claims regularly knows which code provisions apply to your specific fall and how to plead them correctly from the start.

The Construction Sites and Projects That Generate These Claims Across the Five Boroughs

New York City’s construction boom has produced an enormous volume of active job sites at any given time, from high-rise residential towers in Manhattan and Long Island City to hospital expansions in the Bronx, bridge rehabilitation projects, school renovations across Brooklyn, and infrastructure work throughout Queens. Each type of project carries its own fall hazards and its own cast of responsible parties.

High-rise residential and commercial projects in Manhattan often involve scaffolding systems spanning multiple floors, where a missing plank, an improperly secured standoff, or an unlocked scaffold section can send a worker to the ground or an intermediate level below. Renovation work in older Brooklyn and Bronx buildings frequently involves demolition of floors and roofs, creating unguarded openings at every level. Bridge and highway work near the Major Deegan, the BQE, or the FDR involves workers at serious elevation over traffic or water, often with inadequate tieoff points and no secondary fall arrest systems.

The responsible parties in these cases are rarely just one entity. A general contractor controls overall site safety. A subcontractor may have erected the scaffold. A property owner may have failed to hire a qualified safety coordinator. A scaffold manufacturer may have supplied defective components. Identifying all parties with legal exposure is one of the most consequential decisions in a construction fall case, because settling with the wrong combination of defendants can leave money on the table or compromise future claims.

Injuries From Construction Falls and Why the Damages Are Often Substantial

A fall from even one story can cause injuries that require surgery, extended rehabilitation, and permanent lifestyle changes. Falls from greater heights, which are common on active New York City job sites, frequently produce multiple simultaneous injuries. A worker who falls from scaffolding may sustain a traumatic brain injury, fractures of the spine or pelvis, torn ligaments in multiple joints, and internal organ trauma all at once. Each of those injuries carries its own treatment course, its own specialist, and its own contribution to the overall damages picture.

The financial impact extends well beyond medical bills. Construction workers typically earn their income through physical labor. When a spinal fracture or a severe leg injury prevents someone from returning to that kind of work, the lost earning capacity is not just the wages missed during recovery. It is the projected difference between what that person would have earned over a working lifetime and what they are now capable of earning with their limitations. In New York City, where union construction wages are among the highest in the country, that number can be very large.

Pain and suffering, permanent scarring, loss of enjoyment of activities, and the effect on family relationships are all categories of damages that belong in these cases. Workers’ compensation, which pays benefits regardless of fault, generally covers medical costs and a portion of lost wages, but it does not compensate for pain and suffering. A third-party construction fall claim against the property owner, general contractor, or other liable parties is what makes full recovery possible, and workers’ compensation does not prevent you from bringing that separate claim.

Questions Workers Ask About Construction Fall Claims in New York

Can I sue if I was already getting workers’ compensation?

Yes. Workers’ compensation and a third-party personal injury lawsuit are separate legal remedies. You can collect workers’ comp benefits from your employer’s insurer and still pursue a claim against the property owner, general contractor, or any other party whose negligence or legal duty contributed to your fall. These two paths do not cancel each other out, though your employer’s workers’ comp carrier may have a lien on part of any third-party recovery.

What if my employer says I was violating a safety rule when I fell?

Under the Scaffold Law, this argument is generally not available to the property owner or general contractor. The statute was written to prevent that exact defense. Even if a worker made an error in the moment, the absolute liability imposed by Labor Law 240 means that the owner and contractor cannot use the worker’s conduct to eliminate their responsibility. How this plays out in your specific case depends on the facts, which is why early legal evaluation matters.

How long do I have to file a construction fall claim in New York?

For most construction fall claims against private property owners and contractors, the statute of limitations is three years from the date of injury. If a government entity owns or controls the property where you were hurt, including a city agency or public authority, the timeline is significantly shorter and requires notice within 90 days of the accident. Missing that deadline typically ends the claim, so waiting to consult an attorney is not in your interest.

What if I am undocumented? Can I still bring a claim?

Yes. New York law does not condition construction injury claims on immigration status. Workers who are undocumented are entitled to the same legal protections under Labor Law 240 and 241(6) as any other worker. Concerns about immigration consequences should be discussed directly with an attorney, but they do not legally prevent you from seeking compensation for your injuries.

Does it matter if I was a subcontractor’s employee rather than working directly for the general contractor?

No. The Scaffold Law covers all workers engaged in construction, excavation, or demolition work, regardless of which tier of the contractor hierarchy they belong to. A subcontractor’s employee has the same claims against the property owner and general contractor as anyone else on the site.

What happens if there were no witnesses to my fall?

Witness testimony is useful but not required. Site safety logs, OSHA inspection reports, incident reports, surveillance footage, scaffold inspection records, photographs of the conditions at the time, and the physical evidence of the fall location itself can all support the claim. An attorney who handles construction site cases knows what to preserve and how to get it before it is removed or destroyed.

Will my case go to trial?

Most construction fall cases in New York resolve before trial, but that does not mean the work of preparing for trial is unnecessary. Defendants and their insurers negotiate very differently when they know the opposing attorney has fully developed the liability evidence and the damages record. The preparation is what drives results, regardless of how the case ultimately concludes.

Talk to Cohan Law Firm About Your Construction Fall Injury

Cohan Law Firm represents injured construction workers across Manhattan, Brooklyn, the Bronx, Queens, and throughout New York City. The firm has recovered over $100 million for accident victims, and construction site injury claims are a core part of that work. There are no fees unless your case is resolved in your favor. If you were hurt in a construction site fall, reaching out for a free consultation is how you start to understand what options are actually available to you. A New York City construction fall attorney at Cohan Law Firm will review what happened, explain what the law allows, and give you an honest assessment of your claim.