Queens Falls From Height Lawyer

A fall from a Queens construction site can shatter bones, rupture discs, and end careers in a single moment. Yet many injured workers don't realize that New York law gives them rights far beyond what workers' compensation provides. If you or someone you love was hurt in a fall from a ladder, scaffold, roof, or elevated platform, our Queens falls from height lawyers can explain those rights and help you pursue the full recovery you deserve.

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New York is the only state in the country with a law that holds property owners and general contractors strictly liable when a construction worker falls from height. That law is New York Labor Law § 240(1), often called the "Scaffold Law," and it has protected workers here since 1885.

Strict liability means this: if a fall happened because a property owner or general contractor failed to provide proper scaffolding, ladders, ropes, hoists, or other safety devices, they are liable. Even if the injured worker made a mistake. The law does not let them point fingers at the worker to reduce or eliminate responsibility.

That distinction matters enormously in dollars. Workers' compensation pays weekly benefits and medical bills but caps payments well below a worker's actual lost wages and provides nothing for pain and suffering. A successful Labor Law 240(1) claim can recover the full value of lost earnings, future earning capacity, pain and suffering, permanent disability, and more. Those are categories workers' comp does not touch.

For falls on private property, the statute of limitations is three years from the date of the accident. If the fall occurred on property owned or controlled by a government entity, such as NYCHA housing, a public school, or a city-owned building, the deadline is much shorter. Workers typically must file a Notice of Claim within 90 days of the accident before any lawsuit can proceed. Missing that deadline permanently bars the claim. That is why calling a Queens falls from height lawyer quickly is so important.

The Scaffold Law applies to workers in construction, demolition, repair, painting, cleaning, or pointing of a building or structure. Both union and non-union workers are covered. Immigration status is irrelevant. Labor Law 240(1) protects every worker on the job site, regardless of citizenship or documentation.

Fall-From-Height Accidents in Queens: What the Numbers Show

Construction has always been dangerous work. Queens is in the middle of one of the most active building periods in its history, and the injury data reflects that.

Our analysis of OSHA Severe Injury Report data from January 2015 through July 2025 shows that Queens recorded 284 severe workplace injury incidents, second only to Manhattan among all New York City boroughs. Construction accounts for 95 of those 284 incidents (33.5%), making it the most dangerous industry in the borough by a wide margin. Falls are the top cause: fall-related events account for roughly 48% of all Queens severe workplace injuries over the past decade.

Long Island City is the most dangerous neighborhood for Queens construction workers. Our review of OSHA records found 30 of the borough's 95 construction severe injuries happened in Long Island City, driven by the area's rapid building boom of high-rises, mixed-use towers, and commercial projects. Flushing, Astoria, Maspeth, and Jamaica all follow with notable concentrations of construction injury incidents.

According to the NYC Department of Buildings, Queens recorded 69 construction incidents with 71 injuries and one fatality in 2024. Falls remain the leading cause of construction deaths in New York City. A NYCOSH report found that 74% of fatal construction incidents occurred at worksites with prior OSHA violations, a pattern our attorneys investigate in every case.

Common Fall-From-Height Scenarios We Handle in Queens

Falls at construction sites happen in different ways, and the legal analysis shifts depending on the specific situation. Our attorneys have handled each of these cases throughout Queens.

Ladder Falls

Ladder falls are the most common fall injury we see. A ladder placed on an unstable surface, set at the wrong angle, missing rungs, or too short for the job violates the protections Labor Law 240(1) requires. The owner and general contractor cannot shift blame to the worker for climbing a defective ladder they should have replaced or secured.

Scaffold Collapses and Plank Failures

Scaffold collapses can send multiple workers to the ground at once. Improperly assembled frames, overloaded planks, poor tie-backs, and weather-damaged components are common culprits. These accidents often involve multiple liable parties: the property owner, the general contractor, and the scaffold rental company.

Roof Falls and Unguarded Edges

Workers doing roofing, HVAC installation, or exterior work face serious hazards when safety nets, guardrails, or fall arrest systems are missing or inadequate. A roof with no parapet wall, no perimeter netting, and no harness anchor points is a Labor Law 240(1) violation in plain sight.

Floor Opening Falls

Every unguarded floor hole, including elevator shafts, open floor openings, and poorly covered work areas, is regulated. Industrial Code § 23-1.7(b)(1)(i) requires every hazardous opening to be guarded by a cover fastened in place or a safety railing meeting code requirements. A makeshift cover, an unfastened cover, or a missing cover creates exactly the kind of liability Labor Law 241(6) was written to address.

Elevated Platform and Lift Falls

Falls from aerial lifts, scissor lifts, and forklifts happen when equipment malfunctions, operators lack proper training, or machines are used on uneven surfaces. These cases often pair Labor Law claims with product liability claims against the equipment manufacturer or rental company.

Falling Object Injuries

Labor Law 240(1) covers falling objects, not just falling workers. If a tool, material, or piece of equipment fell from above and struck you, the same strict liability standard applies. The owner and GC were required to provide proper protection. They failed.

The Three Labor Laws That Protect Queens Fall Victims

Most fall-from-height cases involve one or more of three New York Labor Laws. Knowing how they work together is key to building the strongest possible claim.

Labor Law § 240(1): Strict Liability for Elevation Hazards

This is the foundation of most fall cases. NY Labor Law § 240(1) requires all contractors and owners to furnish scaffolding, hoists, ladders, and other safety devices constructed and operated to protect workers properly. Strict liability means no comparative fault analysis. Even a worker who contributed to the accident may still have a complete claim. The only defense is proving the worker's conduct was the "sole proximate cause" of the accident, a standard defendants rarely meet when proper fall protection was absent.

Labor Law § 241(6): Safety Code Violations

Labor Law § 241(6) requires owners and general contractors to provide reasonable and adequate protection during all construction, demolition, and excavation work. This law is tied to specific violations of Part 23 of the New York Industrial Code, the detailed regulations covering guardrails, floor openings, scaffold construction, and hundreds of other safety requirements. Comparative fault can apply under § 241(6), but a proven code violation still shifts substantial liability to the property owner and GC.

Labor Law § 200: General Workplace Safety

Labor Law § 200 covers the general duty to provide a safe working environment. Unlike § 240(1), this law requires proof that the owner or GC either controlled the work being performed or had actual notice of the dangerous condition. It is typically filed alongside § 240(1) and § 241(6) to cover all possible angles of liability.

Workers' Compensation and Labor Law Claims: Running Together

Filing a Labor Law claim does not stop you from receiving workers' compensation benefits. Both can run at the same time. If you recover money through a Labor Law lawsuit, however, your employer's workers' comp carrier has a right to be paid back from that recovery for benefits it already paid. Our attorneys factor this into every negotiation to protect as much of your recovery as possible.

Compensation in a Queens Fall-From-Height Case

The compensation available in a Labor Law claim far exceeds what workers' compensation provides. In a successful lawsuit, you may recover:

Economic Damages:

• Medical expenses, past and future, including surgeries, hospitalizations, physical therapy, and long-term care
• Lost wages from time missed at work
• Lost future earning capacity if injuries prevent you from returning to your trade
• Out-of-pocket expenses tied to your injury

Non-Economic Damages:

• Pain and suffering
• Emotional distress and psychological trauma
• Loss of enjoyment of life
• Permanent disability and disfigurement
• Loss of consortium (impact on your relationship with your spouse)

What a case is worth depends on the severity of the fall, the injuries sustained, the worker's age and trade specialty, the extent of future medical needs, and the strength of the liability evidence. Our attorneys do not promise specific outcomes, but our results in fall cases give a concrete picture of what thorough representation can achieve.

Our Results in Fall-From-Height Cases

$3,375,000 – A construction worker fell 12 feet off a ladder at a Queens job site, suffering neck, back, elbow, and shoulder injuries that required neck and back surgery.

$3,000,000 – A construction worker fell from a ladder, fracturing his femur and sustaining back injuries requiring surgery.

$2,100,000 – An undocumented worker fell from a scaffold and required elbow and shoulder surgery. Immigration status did not limit his recovery. Labor Law 240(1) protects all workers.

$1,750,000 – A construction worker fell off a ladder, fractured his ankle, and required multiple surgeries.

$1,600,000 – A worker fell down an unsecured temporary staircase at a construction site and required back surgery.

$1,375,000 – A construction worker fell from a scaffold and recovered for back and knee injuries at mediation.

$935,000 – A worker broke his spine in a fall at an unfinished Queens building.

Prior results do not guarantee a similar outcome.

Who Can Be Held Liable for a Construction Fall in Queens

Understanding who can be sued is the first question most injured workers ask. The answer often surprises people who assume they can only deal with their direct employer.

Property Owners are strictly liable under Labor Law 240(1) even if they never set foot on the construction site. The law places a non-delegable duty on owners to ensure proper fall protection exists. The only exception applies to owners of one-and-two-family dwellings who did not direct or control the work.

General Contractors are the most commonly named defendants in fall cases because they control the site and its safety program. That responsibility cannot be passed down to subcontractors.

Construction Managers who act in a capacity equivalent to a GC, controlling safety decisions, supervising trades, and directing work, face the same liability standard as general contractors.

Equipment Manufacturers and Rental Companies may face product liability claims alongside Labor Law claims when a defective ladder, scaffold, or piece of protective equipment contributed to the fall.

Your Employer is generally shielded from direct lawsuits by the workers' compensation system. But OSHA records, safety logs, training records, and site inspection history from employer files often form the core of a strong Labor Law case.

Workers injured on government-owned properties, such as NYCHA buildings, city schools, or NYC DOT projects, face a tighter timeline. These cases require a Notice of Claim filed within 90 days of the accident. Our attorneys handle government-entity construction cases regularly and know exactly how these deadlines work.

What to Do After a Fall From Height in Queens

The steps you take after a fall directly affect the strength of your legal case. Here is what matters most.

1. Seek medical care immediately. Even if you feel you can push through it, get evaluated. Adrenaline masks pain, and injuries like herniated discs and internal bleeding may not show up for hours or days. A prompt medical evaluation creates the documented record your case depends on.

2. Report the accident in writing to your employer. Verbal reports disappear. A written incident report, or at minimum a text or email, creates an official record and protects your right to both workers' compensation and a Labor Law claim.

3. Photograph and document the scene. If you are physically able, or if a coworker, family member, or union rep can do it right away, photograph the ladder, scaffold, floor opening, or work area where the fall occurred. Construction sites get cleaned up and reconfigured fast. Evidence that exists today may be gone by tomorrow.

4. Collect witness contact information. Coworkers who saw your fall often move to other job sites within days. Get names and phone numbers before they do.

5. Do not give recorded statements to insurance companies. Adjusters move quickly after serious accidents. Any recorded statement can be used against you. Talk to an attorney before talking to any insurer.

6. Call The Orlow Firm at (646) 647-3398. Consultations are free. We come to you if you cannot come to us. You pay nothing unless we recover on your behalf.

Do not wait. If a government entity owns the property where you fell, you may have as little as 90 days to preserve your right to sue.

Why Queens Workers Choose The Orlow Firm

Steven S. Orlow founded our firm in 1982. He is a Cornell Law graduate, a former Assistant District Attorney, a former NYC Council Member-At-Large representing Queens County, and a former President of the Queens County Bar Association. Our main office has been at 71-18 Main Street in Queens for over 40 years.

Adam Moses Orlow, Managing Partner and former President of the Queens County Bar Association (2022-2023), leads our construction practice. He knows the Queens courts, the construction companies that operate in the borough, and the parties that regularly appear in these cases. Brian Seth Orlow brings 25+ years of plaintiff personal injury experience to every file.

We are a family firm. Your case is handled by a partner, not passed to a junior associate who has to learn the file. We are fully bilingual. Our attorneys and staff speak Spanish and serve the diverse communities of Queens where so many construction workers live and work.

Our contingency fee arrangement means you pay nothing upfront and nothing unless we win. That is not a slogan. It is how we have built relationships with injured workers in Long Island City, Flushing, Astoria, Jamaica, Maspeth, and across Queens for four decades.

Frequently Asked Questions About Queens Falls From Height Cases

Can I sue if I was partially at fault for my fall?

Under Labor Law 240(1), partial fault typically does not bar your recovery. The statute imposes strict liability on property owners and general contractors. The only defense that completely blocks recovery is proof that your conduct was the "sole proximate cause" of the accident, a very difficult standard that defendants rarely meet when proper fall protection was absent.

How long does a fall-from-height case take in Queens?

Most fall cases settle within one to three years of filing. Cases that go to trial take longer, typically two to four years from filing. The timeline depends on injury severity, how long medical treatment continues, and whether the property owner's insurer is willing to settle at a fair number.

What if the property was owned by the city or state government?

Government-owned properties such as NYCHA housing, public schools, and NYC DOT facilities require a Notice of Claim filed within 90 days of the accident before any lawsuit can proceed. Missing this deadline permanently bars your claim. Call an attorney the same week as your fall if a government entity owned the site.

Can an undocumented worker file a fall-from-height lawsuit in New York?

Yes. New York Labor Law 240(1) protects all workers regardless of immigration status. An undocumented worker has exactly the same rights as a citizen under the Scaffold Law. Our firm has recovered millions of dollars for undocumented construction workers, including a $2.1 million scaffold fall case.

What happens if my employer fires me after I file a workers' comp claim or lawsuit?

New York law prohibits retaliation against workers who file workers' compensation claims. If your employer fires or demotes you in response to a claim or a Labor Law lawsuit, you may have a separate wrongful termination claim. Write down every adverse action taken after you reported your injury.

Can I collect workers' compensation and file a Labor Law lawsuit at the same time?

Yes. Workers' comp pays weekly disability benefits and medical expenses while your lawsuit proceeds. If you win a Labor Law settlement, your employer's workers' comp carrier has a right to be paid back for benefits it already paid. Our attorneys account for this lien in every negotiation so you keep as much of the recovery as possible.

What if the ladder or scaffold was defective—does that affect my claim?

Yes, and it often makes the case stronger. If defective equipment contributed to your fall, you may have a product liability claim against the manufacturer or rental company on top of your Labor Law claim. Multiple defendants typically mean a larger total recovery.

Do I need to go to court, or will my case settle?

Most fall-from-height cases settle before trial. But insurance companies settle for more when they know the firm on the other side is prepared to go to court. Our attorneys have tried these cases to verdict, and that reputation affects how insurers negotiate from day one.

Contact a Queens Falls From Height Lawyer Today

If you or a loved one fell from a ladder, scaffold, roof, or elevated platform on a Queens construction site, The Orlow Firm is ready to help. We serve injured construction workers throughout Long Island City, Flushing, Astoria, Jamaica, Maspeth, and all of Queens from our main office at 71-18 Main Street.

Call (646) 647-3398 for a free consultation. We work on contingency—you pay nothing unless we win. We can also come to you if your injuries make travel difficult.

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Sources & Official Resources

New York Laws Cited

1. NY Labor Law § 240(1) — Scaffolding and Other Devices for Use of Employees
2. NY Labor Law § 241(6) — Construction, Excavation and Demolition Work
3. NY Labor Law § 200 — General Duty to Protect Health and Safety of Employees
4. CPLR § 214 — Actions to be Commenced Within Three Years (Statute of Limitations)

Regulations Cited

5. NY Industrial Code Part 23, § 23-1.7 — Protection from General Hazards (Hazardous Openings)

Statistics Sources

6. NYC Department of Buildings — Construction Related Accident Reports (2024)
7. OSHA Severe Injury Reports — Public Data (2015–2025)

Helpful Resources

8. NY Workers' Compensation Board — Lost Wage Benefits

Data Methodology Borough and neighborhood breakdowns were calculated by The Orlow Firm's research team from publicly available OSHA Severe Injury Report (SIR) data and OSHA Injury Tracking Application (ITA) 300A records. OSHA publishes SIR data at the individual employer address level. We aggregated these records by Queens zip codes and neighborhoods to produce the Queens-specific statistics cited above. Construction injury counts represent incidents categorized under NAICS industry code 23 in the SIR dataset. Fall-related incident counts include all events categorized as "fall to lower level" or "fall on same level" event types in the Queens SIR records.