Last reviewed: August 14, 2026 by Jacob Oresky, Esq.
A construction worker obtained a $7.375 million settlement after falling about 15 feet from an exterior scaffold at a Manhattan high-rise worksite, dropping into the open gap between the scaffold and the building. The $7.375 million scaffold fall case was brought under New York’s Labor Law, which requires owners and contractors to protect workers with proper scaffolding and fall protection. The recovery was reached in a pre-trial settlement after the worker’s attorneys developed the evidence that no adequate protection had been provided against the fall.
Case Facts
| Outcome | $7,375,000 Settlement |
|---|---|
| Resolution | Pre-Trial Settlement |
| Mechanism | Scaffold Fall (Gap Between Scaffold and Building) |
| Statute | New York Labor Law §§ 240(1), 240(2), 241(6), and 200 |
| Court | Bronx County Supreme Court |
| Year | 2026 Settlement |
| Attorneys | Oresky & Associates, PLLC |
Scaffold Fall — How the Accident Happened
The $7.375 million scaffold fall case arose during facade work on the upper floors of a high-rise building in Manhattan. The injured man was working as a journeyman bricklayer and pointer on an exterior pipe scaffold that had been erected along the outside of the building so that workers could reach the facade.
The section of scaffold where the worker was assigned was an outrigger platform that had been left without end planks and without a guardrail along its edge. A gap of roughly three to four feet ran between the outer scaffold and the face of the building. While the worker was performing his assigned tasks, he fell from the 21st floor level down to the 19th floor, dropping approximately 15 feet into the open gap between the scaffold and the building.
The worker had been provided with a safety harness, but no lifeline or anchor point had been supplied for him to tie off to, so the harness did nothing to arrest the fall. With no guardrail, no end planks, and no functional fall-arrest system in place, there was nothing to stop the worker from falling through the gap once he lost his footing.
Why New York Labor Law Applied — Fall Protection at Height
New York’s Labor Law gives construction workers strong protection against elevation-related hazards, and the $7.375 million scaffold fall case fit squarely within those protections because a worker fell from an elevated scaffold that lacked basic safeguards.
Labor Law § 240(1) — Scaffolding and Fall Protection
New York Labor Law § 240(1) requires owners and contractors to furnish and place proper scaffolding, guardrails, and other safety devices for work that exposes a worker to elevation-related risks. The duty imposed on owners and contractors cannot be delegated away. Where a worker falls from a scaffold that was not properly planked or guarded and no adequate fall protection was provided, that failure is the kind of elevation-related hazard the statute is designed to prevent.
Labor Law § 241(6) and § 200 — Site Safety and Common-Law Negligence
Labor Law § 241(6) requires that construction work be conducted so as to provide reasonable and adequate protection to workers and incorporates specific safety regulations, including rules addressing hazardous openings and unguarded edges at a worksite. Labor Law § 200 requires those who control a worksite to keep it reasonably safe. In the $7.375 million scaffold fall case, these overlapping duties pointed to the same conclusion: an exterior scaffold with an open gap to the building, no guardrail, and no place to tie off a harness was not a reasonably safe place to work. For a broader discussion of how New York protects injured construction workers, see our overview of New York construction accident claims.
The same elevation-hazard rule drove the result in our $18 million scaffold fall verdict, where a union carpenter fell 15 feet after required safety measures were not followed.
The $7.375 Million Settlement — How the Recovery Was Reached
The $7.375 million scaffold fall case was resolved through a pre-trial settlement through a mediation. The recovery was reached after Oresky & Associates assembled the evidence showing how the scaffold had been left without guardrails, or a tie-off point, along with proper medical proof establishing the extent of the worker’s injuries. Building both the liability record and the damages picture was central to establishing the value of the claim and securing the settlement. The case was handled by Oresky & Associates, PLLC, on the injured worker’s behalf.
Scaffold falls on Manhattan high-rise sites raise the same elevation-hazard questions from one job to the next. For how these claims are handled locally, see our Manhattan construction accident lawyers and our Manhattan scaffolding accident lawyers.
Injuries Sustained by the Construction Worker
The construction worker sustained orthopedic injuries to the shoulder, arm, and knee, along with cervical and lumbar spine injuries, including disc herniations, that required surgery, as well as a head injury. The injuries required extended medical treatment and follow-up care.
About the Attorneys Who Handled This Case
This case was handled by Jacob Oresky, Esq., and Steven Labell, Esq.
Jacob Oresky is the founder and managing attorney of Oresky & Associates, PLLC, and has spent more than 30 years representing construction workers and other injured New Yorkers. His practice focuses on personal injury and construction accident cases, including claims brought under the New York Labor Law on behalf of workers hurt in falls from scaffolds, ladders, and other heights.
Steven Labell is a personal injury attorney at Oresky & Associates, PLLC, who represents injured workers and accident victims throughout New York. His work includes construction accident and Labor Law claims arising from unsafe conditions at job sites.
Related Construction Accident Verdicts and Settlements
$18,000,000 Verdict — Union Carpenter Who Fell 15 Feet From a Scaffold
A union carpenter recovered after falling 15 feet because required safety precautions were not followed; read more about this scaffold fall construction accident verdict.
$7,400,000 Settlement — Worker Who Fell From an Unguarded Scaffold
A worker was injured after falling from an unguarded scaffold during masonry work; learn how the firm secured this unguarded scaffold fall settlement.
$6,500,000 Settlement — Worker Injured When a Scaffold Tipped Over
A construction worker fell roughly 12 to 15 feet when a scaffold tipped over at a job site; see the details of this Queens scaffold fall settlement.
Common Questions About the $7.375 Million Scaffold Fall Settlement
Was the $7.375 million recovery a verdict or a settlement?
It was a pre-trial settlement. The construction worker recovered $7.375 million without the case going through a full jury trial, after Oresky & Associates developed the liability and medical evidence supporting the claim.
How did the scaffold fall accident happen?
A worker performing facade work on an exterior scaffold at a Manhattan high-rise fell about 15 feet, from the 21st floor level to the 19th floor, into an open three-to-four-foot gap between the scaffold and the building. The outrigger scaffold had no end planks and no guardrail, and although the worker wore a harness, no lifeline or anchor point had been provided.
Why did New York Labor Law apply to this scaffold fall?
New York Labor Law § 240(1) requires owners and contractors to provide proper scaffolding and fall protection for work at height. When a worker falls from a scaffold that lacks planks, guardrails, or a tie-off point, these protections are directly implicated, and the duty they impose cannot be delegated away.
Does a similar scaffold fall guarantee a similar recovery?
No. Every construction accident case is different. Prior results do not guarantee a similar outcome, and the value of any claim depends on the specific facts, injuries, and legal circumstances involved.
How long do I have to file a New York construction accident claim?
A personal injury lawsuit in New York generally must be filed within three years of the accident under CPLR § 214. Shorter deadlines apply when a public entity is involved, and a Notice of Claim may be due within 90 days, so it is important to speak with an attorney as soon as possible.
Get Answers About Your New York Construction Accident Case
Oresky & Associates, New York Construction Accident Attorneys
Workers who fall from scaffolds at high-rise worksites often face fractures, spinal injuries, and long periods of surgery, medical treatment, and lost income. In the aftermath of such a fall, many workers are unaware of the strong protections New York law provides or of the duties the law places on the owners and contractors who control the worksite.
Oresky & Associates, PLLC, has spent more than 30 years representing injured construction workers throughout New York. The firm handles construction accident claims from the initial investigation through settlement or trial, working to hold owners and contractors accountable and to secure full compensation for injured workers.
If you or a loved one fell from a scaffold or was injured in another construction accident, contact Oresky & Associates, PLLC, for a free, confidential consultation to discuss your legal options.