Queens Scaffolding Accident Lawyer

A scaffold fall can happen in seconds and change everything. If you were injured on a scaffold in Queens, or if a loved one was killed, New York's Scaffold Law gives you rights that most injured workers don't realize they have. At The Orlow Firm, our Queens scaffolding accident lawyers have spent more than 40 years representing construction workers in Long Island City, Flushing, Astoria, Maspeth, and throughout the borough. We know the law, we know the courts, and we know how to build cases that win.

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No other state has a law quite like New York's Labor Law § 240, commonly called the Scaffold Law,. If you fell from a scaffold, or were struck by an object that fell from one, this law can mean the difference between a limited workers' compensation settlement and a recovery that actually reflects what you've lost.

Strict Liability That Protects Workers

Labor Law § 240 places absolute, strict liability on property owners and general contractors for gravity-related injuries at construction sites. That means if you fell from a scaffold or were struck by falling tools or materials, the property owner and general contractor are legally responsible, even if they were not on the site that day, even if a subcontractor built the scaffold, and even if they had no direct role in the unsafe conditions.

You do not have to prove anyone was negligent. You show that your injury resulted from a fall or falling object on a covered worksite, and that proper safety measures were not in place.

What the Law Requires

The statute requires that scaffolding more than 20 feet from the ground have a safety rail properly attached, bolted, and braced; that the scaffold be fastened to prevent swaying; and that all scaffolding bear at least four times the maximum weight that will be placed on it. When these requirements go unmet and a worker is injured, the law makes the owner and general contractor liable.

Liability Cannot Be Passed to a Subcontractor

A property owner or general contractor cannot escape responsibility by pointing to a subcontractor. The duty to provide safe scaffolding is non-delegable: it stays with the owner and GC regardless of who built or managed the scaffold.

Who Is Covered

Labor Law § 240 applies to workers doing erection, demolition, repair, alteration, painting, cleaning, or pointing of a building or structure. It covers workers who fall from elevation and workers struck by falling objects. It applies regardless of immigration status or union membership. Undocumented workers and non-union workers have exactly the same rights under § 240 as any other worker.

Labor Law § 241(6) and § 200: More Legal Protections That Apply to Scaffold Cases

Most scaffolding accident cases in New York involve more than one legal theory. Our attorneys pursue every available path to get you full compensation.

Labor Law § 241(6): Industrial Code Violations

Labor Law § 241(6) requires construction sites to follow the New York State Industrial Code (12 NYCRR Part 23). This covers a wide range of safety standards, including specific scaffold requirements in 12 NYCRR § 23-5 and fall protection equipment requirements in § 23-1.16.

Unlike § 240, defendants in a § 241(6) case can raise comparative negligence. Your compensation could be reduced if you were partly at fault. But the duty is still non-delegable: property owners and general contractors cannot escape liability by blaming a subcontractor. And you don't have to show the owner or GC knew about the dangerous condition.

Labor Law § 200: General Site Safety

Labor Law § 200 is New York's general workplace safety statute. It applies when a site owner or general contractor had supervisory control over the work that caused the injury, or knew (or should have known) about the dangerous condition. Where § 200 applies, injured workers can recover based on negligence.

How These Laws Work Together

In most scaffold accident cases, our attorneys pursue all three statutes at once. § 240 gives the strongest protection for falls and falling objects. § 241(6) covers situations where specific code violations caused or contributed to the injury. § 200 captures negligence claims against anyone who controlled the work. Pursuing all three means no responsible party gets off the hook and no recovery path gets closed off.

Scaffolding Accident Statistics in Queens

Our analysis of OSHA Severe Injury Report data from January 2015 through July 2025 shows that construction is by far the most dangerous industry in Queens for workers. Construction accounted for 95 of 284 severe workplace injury incidents in Queens (33.5% of all borough severe injuries), more than the next three industries combined.

Falls are the leading cause of severe workplace injuries across all industries in Queens, and they dominate construction injury reports. The neighborhoods with the highest concentration of construction injuries are Long Island City (30 incidents), Flushing (10), Astoria (8), and Maspeth (7), all areas with intense construction activity. Long Island City alone accounts for roughly one in three Queens construction severe injuries, driven by the rapid development reshaping the neighborhood.

According to the New York City Department of Buildings, Queens recorded 69 construction incidents resulting in 71 injuries and one fatality in 2024. These numbers represent real people: workers who went to a job site expecting to come home.

{{GRAPHIC: queens-scaffolding-accident-lawyer-chart-osha-construction.svg | Queens Construction Severe Injuries by Neighborhood (2015–2025) — OSHA Severe Injury Reports, analysis by The Orlow Firm}}

This chart shows construction-specific severe injury incidents by Queens neighborhood, from OSHA Severe Injury Report data filtered and aggregated by The Orlow Firm's research team.

Common Causes of Scaffolding Accidents in Queens

What caused your accident shapes which legal theories apply and who may be held responsible.

Falls from scaffold platforms – Falls from height account for the largest share of severe construction injuries in Queens. Platform planks that are improperly secured, missing, or damaged are a leading cause. Any scaffold that shifts, sways, or collapses while a worker is on it triggers the absolute liability provisions of § 240.

Scaffold collapse – When scaffolding fails due to improper assembly, overloaded platforms, inadequate bracing, or damaged components, the entire structure can come down. Scaffold collapse cases typically involve multiple § 240 and § 241(6) claims.

Falling objects – Labor Law § 240 covers workers struck by tools, paint cans, building materials, or debris falling from above, not just workers who fall themselves. If a coworker dropped something from a scaffold that struck you below, § 240 may apply.

Electrocution on or near scaffolding – Scaffolds near overhead power lines create electrocution hazards. Our firm has recovered substantial compensation for workers electrocuted while on or near scaffolds, including a $2,474,000 result for an undocumented worker who was electrocuted on a scaffold and fell.

Defective scaffold components – Worn planks, cracked brackets, corroded frames, and malfunctioning rolling casters may create product liability claims alongside § 240 claims. The scaffold manufacturer or rental company may share liability.

Swing stage and suspended scaffold failures – Suspended scaffolds that drop due to cable failure, improper rigging, or counterweight problems create catastrophic fall hazards. These failures trigger § 240's strict liability.

Rolling (baker) scaffold collapses – Rolling scaffolds must have locked casters when stationary. When a rolling scaffold moves out from under a worker, the property owner and GC are liable under § 240 regardless of who failed to lock the wheels.

Missing fall protection – The absence of required guardrails, lanyards, or toe boards directly violates both § 240 and the Industrial Code. When workers are not given the safety equipment the law requires, responsibility falls on those who controlled the site.

Who Can Be Held Liable for Your Scaffolding Accident

Workers injured in scaffolding accidents often think their only option is a workers' compensation claim against their employer. In most cases, that's just the starting point.

Property owners – Under § 240, property owners bear absolute liability for gravity-related injuries on their sites, even if they were completely absent, even if they hired a general contractor to run the project, and even if a subcontractor built the scaffold. That liability cannot be passed to anyone else.

General contractors – GCs are held to the same absolute liability standard as property owners. Whether or not the GC had a crew on the scaffold that day, if the scaffold was not in compliance with § 240, the GC is liable.

Construction managers – Courts often treat construction managers as general contractors under § 240 when they have supervisory authority over a project.

Subcontractors – While § 240 puts primary liability on owners and GCs, subcontractors who created or contributed to the dangerous condition may be liable under § 200 or § 241(6), or required to indemnify the owner/GC under their contract.

Scaffold manufacturers and rental companies – If a scaffold component was defective when it left the factory, or was poorly maintained by a rental company, product liability claims may apply alongside the § 240 claim.

Your employer – Under New York's workers' compensation law, your employer is generally protected from civil lawsuits. Workers' comp is the exclusive remedy against your direct employer. But you can still sue the property owner, GC, and other parties at the same time.

{{GRAPHIC: queens-scaffolding-accident-lawyer-comparison-workercomp-vs-lawsuit.svg | Workers' Compensation vs. Labor Law § 240 Lawsuit: What Each Covers for Queens Scaffolding Accident Victims}}

Workers' Compensation and a Third-Party Claim: Pursuing Both

Receiving workers' comp does not prevent you from filing a § 240 lawsuit. Pursuing both is usually the right move. Workers' comp covers medical bills and roughly two-thirds of your average weekly wages, but nothing for pain and suffering, future lost earnings beyond the cap, or the other financial losses a serious fall causes. A § 240 claim can recover all of that.

One thing to know: if your § 240 lawsuit succeeds, you will generally have to reimburse the workers' comp carrier for the benefits it paid. Our attorneys handle that process and work to structure settlements so your net recovery is as high as possible.

Compensation You Can Recover After a Queens Scaffolding Accident

Workers' compensation is a no-fault system with hard caps. A successful § 240 claim is not. The gap between the two can be millions of dollars.

Through Workers' Compensation

• Medical expenses (covered in full for work-related treatment)
• Lost wage replacement (approximately two-thirds of your average weekly wage, subject to state maximums)

Workers' comp does not cover pain and suffering, loss of consortium, or the full value of future lost earnings.

Through a Labor Law § 240 / Third-Party Lawsuit

• Medical expenses (past and future, including surgeries, rehabilitation, and long-term care)
• Full lost wages (not capped at two-thirds)
• Diminished earning capacity (if your injuries prevent you from returning to construction work)
• Pain and suffering (often the largest part of a serious injury recovery)
• Emotional distress and psychological harm
• Home modification costs (ramps, rails, equipment needed for a permanent injury)
• Loss of consortium (impact on your relationship with your spouse)
• Wrongful death damages if a family member was killed

What Our Results Look Like

Our attorneys have recovered compensation for scaffolding accident clients throughout Queens and New York City:

$2,474,000 – An undocumented worker was electrocuted on a scaffold and fell, sustaining back and knee injuries requiring surgery.

$2,100,000 – An undocumented worker fell off a scaffold, sustaining elbow and shoulder injuries requiring surgery.

$1,375,000 – A worker fell from scaffolding, sustaining back and knee injuries; case resolved at mediation.

$900,000 – A painter was injured in a scaffold accident in Manhattan.

$700,000 – A union painter was electrocuted and fell from a scaffold, sustaining a shoulder injury.

$400,000 – An undocumented laborer fell six feet from a collapsed scaffold, sustaining an ankle injury requiring surgery.

Prior results do not guarantee a similar outcome.

What to Do After a Scaffolding Accident in Queens

Taking the right steps after your accident protects both your health and your legal rights.

{{GRAPHIC: queens-scaffolding-accident-lawyer-steps-after-accident.svg | 7 Steps to Take After a Scaffolding Accident in Queens — The Orlow Firm}}

1. Get medical care immediately – Your health comes first. Even if you think your injuries are minor, see a doctor the same day. Adrenaline often masks the full extent of a fall injury, and documented medical treatment from day one is critical evidence.

2. Report the accident to your employer in writing – New York's workers' compensation law requires you to report a work injury within 30 days. Put it in writing and keep a copy.

3. Document everything you can – Photograph the scaffold, the fall area, any missing guardrails, and any defective or absent equipment. Take photos of your injuries. Collect names and contact information from witnesses.

4. Do not give a recorded statement – Insurance adjusters for the property owner or general contractor may contact you quickly. Do not give recorded statements or sign any documents before you speak with an attorney.

5. Do not sign any settlement papers – Once you sign, your claim is typically closed. Wait until you know the full extent of your injuries and your rights.

6. Preserve evidence – Save the clothing and equipment you were wearing. Do not let the construction site be cleaned up or changed without documentation.

7. Contact a Queens scaffolding accident attorney – Construction sites change fast. Evidence disappears. Witnesses move on. The sooner we can investigate, the stronger your case will be.

Call (646) 647-3398 for a free consultation. We can come to you if you cannot come to us.

Why Queens Workers Choose The Orlow Firm

We have been representing injured construction workers in Queens since 1982, more than 40 years. Our main office is in Flushing, in the heart of the borough we serve.

Queens roots, Queens knowledge. Adam Orlow, Managing Partner, served as President of the Queens County Bar Association from 2022 to 2023 and remains on its Board of Managers. Steven Orlow, our Founder, served as QCBA President from 2008 to 2009 and as a former NYC Council Member-At-Large representing Queens County. That depth of connection means we know the courts, the judges, and the legal community that handles your case.

A family firm that handles your case personally. When you hire The Orlow Firm, your case stays with a partner, not passed to a junior associate. You'll work directly with an attorney who knows your file.

We represent everyone. Undocumented workers, non-union workers, day laborers, and temp workers all have rights under New York's Labor Law. Our firm has a strong track record representing the full range of Queens' construction workforce, including multiple large recoveries for undocumented workers.

No fee unless we win. We take scaffolding accident cases on a contingency basis. You pay nothing unless we recover compensation for you. Our typical fee is one-third of the net recovery.

Frequently Asked Questions About Queens Scaffolding Accidents

Does Labor Law § 240 protect pedestrians or bystanders injured by scaffolding?

No. Labor Law § 240 protects workers doing construction-related tasks, not pedestrians or bystanders. If you were a passerby injured by falling debris from a scaffold, your claim would be based on negligence and potentially § 241 theories, not § 240's strict liability. The legal standards and recoverable damages differ substantially from worker claims.

What is the difference between a supported scaffold and a suspended scaffold?

A supported scaffold rests on the ground and is built up with poles, frames, or uprights. A suspended scaffold hangs from overhead supports: ropes, cables, or chains. Both types are covered by Labor Law § 240. Suspended scaffolds often involve additional failure modes (cable breaks, rigging failures) that may also support product liability claims against equipment manufacturers.

How long does a Queens scaffolding accident lawsuit take?

Most construction accident lawsuits in New York take two to four years from filing to resolution, though many settle before trial. The timeline depends on the severity of your injuries, the complexity of the liability issues, and how hard the defendants fight the claim. We work to resolve cases as efficiently as possible while not accepting less than your case is worth.

What if my employer doesn't have workers' compensation insurance?

New York requires employers to carry workers' comp insurance. If your employer is uninsured, you can file a claim with the New York Workers' Compensation Board's Uninsured Employers Fund. You can also still pursue your § 240 lawsuit against the property owner and general contractor, who remain liable regardless of whether your employer carried proper insurance.

I was placed by a temp agency or labor contractor. Can I still sue under Labor Law § 240?

Yes. Workers placed through staffing agencies, labor brokers, or temp placement firms have the same rights under Labor Law § 240 as direct-hire employees. The property owner and general contractor of the site where you were injured remain liable for gravity-related injuries regardless of how you were employed. Our firm regularly represents workers in this situation.

What if I was partially at fault for the scaffolding accident?

Under Labor Law § 240, a worker's comparative fault is generally not a defense. The law places absolute liability on property owners and general contractors, so your own conduct (within limits) does not reduce their responsibility. The main exception is if your conduct was the "sole proximate cause" of your injuries, which courts interpret very narrowly. Under § 241(6), comparative negligence can reduce your recovery, but not eliminate it. Our attorneys will assess which claims apply and how fault arguments might affect your case.

Contact a Queens Scaffolding Accident Lawyer Today

If you or a family member has been injured in a scaffolding accident in Queens, you have rights, and you have limited time to protect them. The statute of limitations for most § 240 claims is three years from the accident date. If a government entity is involved, you may have as little as 90 days to file a Notice of Claim.

The Orlow Firm has represented injured construction workers throughout Flushing, Long Island City, Astoria, Jamaica, and all of Queens for more than 40 years. We offer free consultations, handle cases on contingency, and can meet you wherever you are, including your home or hospital room if you cannot travel.

Call (646) 647-3398 for a free consultation. You pay nothing unless we win your case.

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Sources

• New York Labor Law § 240 (The Scaffold Law): https://www.nysenate.gov/legislation/laws/LAB/240
• NYC Department of Buildings Construction Accident Summary Report (2024): https://www.nyc.gov/assets/buildings/pdf/cons_accident_summary_0424.pdf
• NYC Department of Buildings Construction Accident Reports page: https://www.nyc.gov/site/buildings/dob/construction-related-accident-reports.page
• OSHA Severe Injury Reports (SIR), January 2015 – July 2025 (Queens zip code records)
• OSHA Injury Tracking Application (Form 300A), 2023–2024 data

Data Methodology

Borough and neighborhood breakdowns were calculated by The Orlow Firm's research team from publicly available OSHA Severe Injury Report (SIR) records. SIR data is published at the individual incident level, with employer address data. We filtered records by Queens zip codes and aggregated them by neighborhood and industry to produce the Queens-specific statistics cited above, as OSHA does not publish pre-calculated borough-level breakdowns. ITA 300A data was similarly aggregated from establishment-level records by Queens zip code.