Scaffolding Fall Injury Settlement Calculator
Scaffolding falls are among the highest-value construction injury claims, especially in New York under Labor Law §240 (the 'Scaffold Law'), which imposes absolute liability on owners and contractors. Average settlement: $750K-$3M for serious falls due to absolute liability + OSHA violations + serious injury severity.
NY Labor Law §240 Absolute Liability
Section 240 of NY Labor Law (the 'Scaffold Law') imposes absolute liability on property owners and general contractors when worker is injured by gravity-related hazards (falls from heights, falling objects). Plaintiff's comparative negligence is not a defense for §240 violations. Result: settlement values are 2-4x higher than in comparative negligence states for similar injuries.
OSHA Citations as Evidence
OSHA citations create strong evidence of negligence. Willful or serious citations can support punitive damage awards. Common scaffolding violations: missing guardrails (29 CFR 1926.451(g)), inadequate fall protection (29 CFR 1926.502), unstable bases, missing toeboards. Cite OSHA inspection report in complaint — increases settlement leverage by 20-30%.
Mitigation: Workers Comp vs Tort
Workers comp is exclusive remedy against employer — bars tort suit. But scaffolding falls usually involve multiple parties: property owner, general contractor, scaffolding subcontractor, manufacturer. Third-party tort against non-employer entities allowed — typically 3-5x larger recovery than workers comp alone. Always investigate full liability chain.
Source: NY Labor Law §240 (1969), Zimmer v. Chemung County (1985), OSHA 29 CFR 1926 Subpart L (scaffolding). Last updated: May 2026.