Last reviewed: August 6, 2026 by Jacob Oresky, Esq.
A construction laborer obtained a $2.75 million settlement after a scaffold collapsed at a building under construction in Queens, New York, causing traumatic injuries, including multiple spinal fractures that required surgery. The recovery in the $2.75 million scaffold collapse case was secured under New York Labor Law § 240(1) and related safety statutes, and the matter was litigated and resolved in Bronx County Supreme Court.
Case Facts
| Outcome | $2,750,000 Settlement |
|---|---|
| Resolution | Settlement |
| Mechanism | Scaffold Collapse |
| Accident Location | Queens, New York (construction site) |
| Statute | New York Labor Law §§ 240(1), 240(2), 241(6) and 200; common-law negligence |
| Court | Bronx County Supreme Court |
| Year | 2026 Settlement |
| Attorneys | Oresky & Associates, PLLC |
Scaffold Collapse — How the Accident Happened
The $2.75 million scaffold collapse case arose from a construction project at a building under construction in Queens, New York. The injured worker, a laborer, was performing his assigned tasks while standing on a scaffold at the Queens worksite when the scaffold gave way and he fell to the level below.
According to the allegations developed in the litigation, the scaffold had not been properly braced or secured, and the worker had not been provided with guardrails, a safety harness, netting, or any other fall-protection device that would have arrested his fall or prevented the structure from failing.
When the scaffold collapsed, the worker fell without any protection and struck the surface below, losing consciousness at the scene. He was transported for emergency medical care, and the injuries documented in the case were extensive and permanent.
Why New York Labor Law § 240(1) Applied — Elevation-Related Protection for Workers
Labor Law § 240(1) — The Scaffold Law
New York Labor Law § 240(1), often called the Scaffold Law, requires owners and contractors to furnish and place proper scaffolding, hoists, and other safety devices to protect workers engaged in elevation-related tasks. The statute imposes absolute liability on owners and contractors when a failure to provide adequate protection is a proximate cause of a worker’s injury. In the $2.75 million scaffold collapse case, the collapse of a scaffold and the absence of fall-protection equipment placed the accident squarely within the core hazard the statute was written to address. The injured worker moved for partial summary judgment on the § 240(1) claim during the litigation. For a broader discussion of how the Scaffold Law protects injured workers, see our overview of New York Labor Law § 240.
Labor Law § 241(6) — Industrial Code Violations
Labor Law § 241(6) requires owners and contractors to comply with the specific safety rules set out in the Industrial Code (12 NYCRR Part 23) at construction, excavation, and demolition sites. The claim alleged violations of concrete Industrial Code provisions governing the construction, bracing, and use of scaffolding, providing an independent statutory basis for liability separate from the Scaffold Law.
Labor Law § 200 and Common-Law Negligence
Labor Law § 200 codifies the common-law duty to provide workers with a reasonably safe place to work. The claim asserted that the parties responsible for the Queens worksite permitted an unsafe scaffold and an unguarded elevation hazard to remain in place, supporting liability under § 200 and common-law negligence in addition to the elevation statutes.
The same scaffold-collapse protection drove the recovery in our $23 million Bronx scaffold collapse verdict.
The $2.75 Million Settlement — How the Recovery Was Reached
The $2.75 million scaffold collapse case was developed through discovery, including a detailed bill of particulars documenting the mechanism of the accident, the safety failures at the Queens site, and the full course of the worker’s injuries and treatment. As the litigation advanced in Bronx County Supreme Court, the injured worker moved for partial summary judgment on the Labor Law § 240(1) liability question, framing the collapse of an unsecured scaffold as the kind of elevation-related failure the statute was designed to prevent.
With liability evidence and the medical record assembled, the parties resolved the matter for $2,750,000. The settlement was obtained by Oresky & Associates, PLLC, on behalf of the injured construction worker, closing the case without the uncertainty of a trial verdict.
Scaffold collapses at Queens construction sites raise the same elevation-hazard questions from one job to the next. For how these claims are handled locally, see our Queens construction accident lawyers and our Queens scaffold accident lawyers.
Injuries Sustained by the Construction Worker
The construction worker sustained multiple injuries to the cervical and lumbar spine. The lumbar injuries required spinal fusion surgery, and further cervical spine surgery was recommended as part of his continuing care.
He also sustained a number of orthopedic injuries affecting his shoulder, hip, knee, ribs, and upper extremities. Together, these injuries called for extended medical treatment and rehabilitation.
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 decades representing injured workers in New York construction accident and Labor Law cases. His practice focuses on personal injury and construction accident litigation, including scaffold, ladder, and fall-from-height claims brought under New York Labor Law.
Steven Labell is a personal injury attorney at Oresky & Associates, PLLC, who represents injured clients in construction accident and personal injury matters throughout New York. For a broader discussion of workers’ rights after a jobsite fall, see the firm’s New York construction accident practice.
Related Construction Accident Verdicts and Settlements
$23,000,000 Verdict — Bronx Scaffold Collapse
Two construction workers seriously injured in a Bronx scaffold collapse under New York Labor Law § 240(1) obtained a $23 million verdict.
$7,500,000 Settlement — Brooklyn Scaffold Collapse
A worker injured after falling from an unsecured scaffold during interior demolition recovered $7.5 million in a Brooklyn scaffold collapse settlement.
$7,400,000 Settlement — Westchester County Scaffold Collapse
A worker who fell from an unguarded scaffold during masonry work secured $7.4 million in a Westchester County scaffold collapse settlement.
Common Questions About the $2.75 Million Scaffold Collapse Settlement
Was the $2.75 million recovery a verdict or a settlement?
It was a settlement. The parties resolved the $2.75 million scaffold collapse case for $2,750,000 during the litigation, rather than proceeding to a jury verdict.
How did the scaffold collapse accident happen?
A construction laborer was working on a scaffold at a building under construction in Queens, New York, when the scaffold collapsed and he fell to the level below. The scaffold was alleged to have been improperly braced and secured, and no guardrails, harness, or netting were provided.
Why did New York Labor Law § 240(1) apply to this case?
Labor Law § 240(1) imposes absolute liability on owners and contractors who fail to furnish proper elevation-related safety devices when that failure causes a worker’s injury. The collapse of an unsecured scaffold, without fall protection, is the type of hazard the statute was enacted to prevent.
Does a similar scaffold collapse 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 injured in scaffold collapses and other falls from height often face traumatic brain injuries, spinal fractures, and multiple surgeries that can keep them out of work for months or years. The medical treatment, lost income, and long-term limitations that follow a jobsite fall can affect nearly every part of a worker’s life.
Oresky & Associates, PLLC, has spent more than 30 years representing injured construction workers throughout New York. The firm handles construction accident claims and pursues the full recovery available under New York law.
If you or a loved one was injured in a scaffold collapse or other construction accident, contact Oresky & Associates, PLLC, for a free, confidential consultation to discuss your legal options.