When a harness that should have caught you never engages or a tie-off point was never installed, a fall can change your life in seconds. If you were hurt because safety equipment failed you, a construction accident lawyer in NYC can help you understand who may be responsible and how to proceed.
In this guide, William Schwitzer & Associates, PC, discusses fall protection failures in New York and how these events may shape your decisions.
The Role of Fall Protection Equipment on a Construction Site
Fall protection measures exist because of gravity. A correctly installed harness, anchorage point, guardrail, or safety net stops a fall before it becomes catastrophic. When one of these measures is missing or inadequate, workers at height may have nothing between them and the ground far below.
A construction accident lawyer in NYC understands the scale of this problem. According to a CDC report, construction workers accounted for 44% of all nonfatal slips, trips, and falls across the private industry in 2024. The New York City Department of Health also reported that falls comprised 58% of fatal unintentional injuries among construction workers from 2007 to 2014. Falls from scaffolds were the top cause.
Workers on scaffolds, ladders, roofs, and elevated platforms depend on safety equipment being properly installed and maintained every day. When it isn’t, the consequences can be severe, including loss of life or disability.
How Harness and Fall Protection Failures May Happen
Understanding how failures happen can help you see why an investigation into falls from height has to be so meticulous. Some of the most common ways this equipment fails include:
- Missing harnesses: A worker is sent to an elevated area without a harness
- Unanchored tie-off points: No secure anchorage point can attach to the harness
- Defective equipment: Worn straps or damaged buckles snap under the force of a fall
- Improper training: A worker is given equipment but not shown how to use it correctly
- Missing guardrails: Open edges on scaffolds or roofs are left without rails
If proper protection was supposed to be in place, and it wasn’t, your attorney can help you understand who the law may hold liable for your fall.
A Construction Accident Attorney Explains Liability for Fall Protection Equipment Failures
According to the U.S. Bureau of Labor Statistics, nonfatal falls, slips, and trips in private-sector construction occurred at an annualized rate of 30 cases per 10,000 full-time workers in 2024, well above the 22.6 rate across all private industry. Liability for fall protection equipment failures in New York may depend on Labor Law § 240, commonly called the Scaffold Law. Your construction accident lawyer in NYC will typically start by looking at whether this law applies to your situation.
New York Section 240 places a nondelegable duty on parties like property owners and general contractors to provide proper protection for workers doing elevation-related work. This law can impose liability regardless of ordinary negligence standards, and courts have found that missing or defective safety devices may be enough to establish a claim. New York also holds that a worker’s own conduct generally does not defeat a valid claim, as long as the safety failure was a cause of the fall.
Construction fall accident liability can extend to more than one party, depending on the facts of your case. Property owners generally have a duty to ensure proper safety devices are in place, even if they didn’t personally supervise the work. General contractors overseeing the site are likely responsible for making sure their subcontractors follow safety requirements.
Equipment manufacturers may share fault if a defective harness, buckle, or anchorage device contributed to the fall.
Your Construction Accident Lawyer in New York Can Advise You About How To Report Your Injury
A construction accident lawyer may stress how important it is to report your accident quickly and accurately. Identifying every responsible party often requires a careful look at who controlled the site and the equipment at the time of the accident. In some cases, reporting worksite accidents in New York also has to happen through the Department of Buildings, and it helps to have a lawyer who is familiar with the process.
Prompt reporting can help preserve evidence before a scaffold is altered or equipment is removed from the site. Since construction sites change constantly, you may want to collect photographs, video footage, witness details, and supporting documentation for your claim, such as records of prior complaints about missing safety gear.
According to the New York City Department of Buildings, worker falls accounted for 53 of the 114 construction-related incidents involving injury recorded citywide through April 2025. Your workers’ rights after a fall protection failure generally include several options. For example, workers’ compensation is typically available regardless of fault and can cover a portion of your medical expenses and lost wages.
Workplace Fall Protection and What a Claim May Cover
According to Safety+Health Magazine citing final OSHA enforcement data, inadequate fall protection has remained a top-mentioned safety standard nationwide for 15 consecutive fiscal years. There were 5,914 violations recorded in 2025 alone.
Workplace fall protection-related accident claims may allow injured workers to seek recourse, depending on the severity of the injury and who was responsible. These claims may include compensation for medical expenses tied to emergency treatment and ongoing rehabilitation, lost income during recovery, or pain and suffering. Additional damages may apply when a fall causes a long-term or permanent disability.
William Schwitzer & Associates, PC’s Construction Accident Lawyer in NYC Stands Up for Injured Workers
Harness and fall protection failures often raise complicated questions about who controlled the equipment and the site, and who was responsible for implementing the safety procedures that were supposed to protect you. Our construction accident lawyer in NYC can help you sort through those questions.
At William Schwitzer & Associates, PC, we’ve spent years helping injured workers throughout New York understand their rights after a construction accident. Our construction accident lawyer in NYC is well versed in labor law and can represent workers hurt in scaffold falls, ladder accidents, and other elevation-related injuries throughout the city.
If you were hurt because of a harness or fall protection failure, consider contacting William Schwitzer & Associates, PC, at (212) 683-3800 today. We would love to discuss your case.
Frequently Asked Questions
Here are a few common questions people ask after a fall protection accident in New York.
Who Is Liable if My Harness Failed on a Construction Site?
Liability generally depends on who was responsible for providing and maintaining the equipment. The parties that the lawsuit may implicate include the property owner, general contractor, subcontractor, and equipment manufacturer.
Can I File a Claim if I Was Told To Skip Wearing a Harness?
Yes, if you were instructed to work without proper fall protection or were never shown how to use the company’s available equipment, these factors may support a claim under New York Labor Law § 240.
Does Workers’ Compensation Cover Fall Protection Accidents?
Workers’ compensation generally covers a portion of medical expenses and lost wages after a fall protection accident, regardless of fault, though it does not include compensation for pain and suffering.
How Long Do I Have To File a Claim After a Fall Protection Accident in New York?
New York generally allows three years from the date of the accident to file a personal injury lawsuit. Those searching for a construction accident lawyer in NYC should speak with an attorney as soon as possible to protect their rights.
