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$735,000 Construction Fall Settlement in Queens

Standing on a steel beam with nothing between him and the ground — no harness, no net, no guardrail. When he fell, the impact caused injuries that required surgery and ended his ability to do the job he'd done for years.

Construction Worker Falls From Beam at Queens Job Site

Our client was a construction worker performing tasks at height on a structural beam at a job site in Queens. While positioned on the beam, he lost his footing and fell to the surface below. No safety harness had been provided. No lifeline was anchored to the structure. No safety net was positioned below the work area. The property owner and general contractor had failed to provide any fall protection for a worker performing an inherently dangerous elevation task.

The fall caused a comminuted fracture of the left heel, lumbar disc herniations with nerve root impingement, and a torn rotator cuff in the right shoulder. The heel fracture required reconstructive surgery with bone grafting, while the lumbar injuries produced radiating leg pain that necessitated epidural injections. The shoulder tear required arthroscopic repair followed by months of limited arm use.

Strict Liability for Elevation Falls in Queens

New York Labor Law §240 imposes strict liability on property owners and general contractors when a worker falls from an elevated work surface due to the absence of adequate safety devices. The statute applies to beams, scaffolds, ladders, and any elevated work platform. When no fall protection is provided and a worker falls, the owner bears responsibility regardless of the worker's actions.

Our attorneys documented the complete absence of fall protection at the site through photographs, OSHA records, and testimony from coworkers. The general contractor had no fall protection plan on file for the project, and no safety equipment had been delivered to the site. The violation was not a matter of insufficient equipment — it was a matter of no equipment at all.

"A worker on a beam without a harness, without a net, without any protection at all. The general contractor had no fall protection plan for this project — not an inadequate plan, no plan. Labor Law §240 exists precisely for this situation, and the property owner bears strict liability for the consequences." — Steven Gershowitz, Attorney

$735,000 Settlement for a Queens Construction Fall

This $735,000 settlement covers heel reconstruction surgery, lumbar epidural treatments, shoulder arthroscopy, extensive rehabilitation for three separate injuries, lost wages, and the permanent limitations that prevent our client from returning to construction work. It holds the property owner accountable for the complete absence of fall protection at a job site where workers were performing tasks on elevated beams.

If you fell from a beam, scaffold, or elevated surface at a construction site, our construction accident attorneys have decades of experience with Labor Law §240 claims and are ready to review your case.

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