What is the #1 cause of construction worker deaths in NYC?

Falls from elevation. OSHA's national data attributes 39.2% of construction deaths to falls, and the NYCOSH 2025 Deadly Skyline Report confirms the same pattern in New York City, where 74% of fatal incidents involved preventable safety violations. That risk is exactly why Labor Law § 240(1), the Scaffold Law, imposes absolute liability on owners and general contractors for gravity-related injuries, and why fall cases drive a large share of the state's highest construction verdicts.

What is the leading cause of fatal injury on construction sites?

Falls from elevation are the single largest category, followed by struck-by-object incidents, electrocution, and caught-in or caught-between accidents. OSHA calls these the Fatal Four, and together they account for more than 60% of construction deaths nationally. In New York, falls and struck-by injuries both fall squarely within Labor Law § 240(1)'s absolute-liability framework, which is one reason published New York verdicts in these categories run from the low millions to over $100 million.

What is the #1 cause of death in construction?

Falls from elevation are consistently the leading cause of fatal injuries in construction, a pattern documented year after year in data published by the U.S. Bureau of Labor Statistics and OSHA's national fatality reports. In New York, this risk is addressed directly by Labor Law § 240, which holds property owners and general contractors strictly liable when a worker falls from a scaffold, ladder, roof, or other elevated surface due to inadequate fall protection. Strict liability means the injured worker doesn't have to prove the owner or contractor was negligent in the traditional sense. only that the required safety device was absent, defective, or failed to do its job. If you or a family member was seriously hurt or killed in a construction fall, speaking with a trial lawyer about rights under Labor Law § 240 is an important early step, because CPLR § 214 generally allows only three years to file a civil claim, and preserving evidence from the site matters from day one.

Legal Trends

Construction Accident Settlements in NY

Construction settlements in New York range from $50,000 to $272 million. Real verdict data, Labor Law 240 impact, and what determines case value.

By Jeffrey S. Antin February 19, 2026 · 11 min read · 5 cited sources

Construction site with a tall building under scaffolding and a yellow hard hat in the foreground

In this report

01 Why New York Is Different 02 Real Settlement and Verdict Data 03 Settlement Ranges by Injury Severity 04 The Three Labor Laws That Drive Construction Settlements 05 Workers’ Comp vs. Third-Party Lawsuit 06 NYC Construction Safety Data 07 Factors That Increase Settlement Value 08 The Legal Bottom Line 09 Frequently Asked Questions

Key Finding

Construction accident cases in New York range from $50,000 to over $272 million. Labor Law 240 gives injured workers absolute liability protection no other state provides.

There’s no single “average” construction accident settlement in New York. Anyone who tells you otherwise is oversimplifying.

Construction accident cases range from $50,000 for a minor fracture to $272.5 million for the 2016 Tribeca crane collapse. The number depends on how badly you were hurt, who was responsible, which laws apply, and how much insurance is available.

$272.5M

the largest crane-collapse settlement in New York history, from the 2016 Tribeca crane collapse on Worth Street that killed a pedestrian and injured three others.

AEE Law: Crane Collapse in NYC, The Tribeca Disaster

What we can do: show you what real cases have paid out, explain the legal framework driving these numbers, and identify the factors that push settlements higher or lower. This article draws on published court verdicts, government safety data, and workers’ compensation records.

Why New York Is Different

New York construction workers have stronger legal protections than workers in any other state. The reason is Labor Law § 240(1) , commonly known as the Scaffold Law.

Labor Law § 240(1) imposes absolute liability on property owners and general contractors for gravity-related construction injuries. That covers falls from scaffolds, ladders, and roofs. It covers injuries from falling objects like tools, building materials, and debris.

“Absolute liability” means the injured worker doesn’t need to prove negligence. If safety devices were absent, inadequate, or defective, and that failure contributed to a gravity-related injury, the property owner and general contractor are liable. Period.

More importantly, comparative negligence isn’t a defense under Labor Law § 240(1). A worker who was partially at fault can still recover full damages. Courts have upheld awards even when workers failed to use safety harnesses, provided adequate safety equipment wasn’t made available.

The financial impact is substantial. According to Chubb insurance data on NY Labor Law 240, the frequency of bodily injury claims in New York is more than 12 times higher than in all other states combined.

On average, one bodily injury general liability claim is filed for every $2.74 million in construction payroll in New York.

Real Settlement and Verdict Data

The following cases are from published court records and law firm case result pages. They represent a range of injury types and outcomes.

Catastrophic and Fatal Cases

$272.5M

Settlement: Tribeca Crane Collapse

Crawler crane toppled on Worth Street (Feb 2016), killing a pedestrian and injuring three others. Largest crane-collapse settlement in New York history.