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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Construction Site Fall Injuries

United States (federal and general)Last reviewed 18 September 2026

OSHA requires fall protection for construction workers on unprotected sides and edges 6 feet or more above a lower level, through guardrails, safety nets or personal fall arrest systems. Workers' compensation covers your injury regardless of fault, but a fall may also give rise to a claim against a third party whose negligence caused it.

The Six-Foot Rule

Direct Answer: Under 29 C.F.R. § 1926.501, employers must protect workers on unprotected sides and edges 6 feet or more above a lower level with guardrails, safety nets or personal fall arrest systems, with specific rules for residential construction and roofing.

OSHA enforces these standards through inspections and citations, and a citation or investigation report is useful evidence in a civil claim, though OSHA violations do not automatically establish liability.

Workers' Compensation and Beyond

An injured employee generally receives workers' compensation benefits and cannot sue their own employer for negligence. But if someone else, such as a general contractor, a subcontractor, a property owner or the manufacturer of defective scaffolding or ladders, contributed to the fall, a separate claim against that third party may be possible, and can include pain and suffering, which workers' compensation does not.

New York's Scaffold Law

New York Labor Law § 240 imposes a heightened, effectively strict duty on owners and contractors to provide proper protection against gravity-related hazards such as falls from heights. It gives injured workers in New York a claim against owners and general contractors that other states do not, so the state where the fall happened matters greatly.

Frequently Asked Questions

What height triggers OSHA fall protection in construction?

Six feet or more above a lower level, for workers on unprotected sides and edges, with specific rules for roofing and residential work.

Can I sue after a fall at work?

Not usually your employer, because workers' compensation is the exclusive remedy, but you may be able to sue third parties such as other contractors or manufacturers.

What is New York's Scaffold Law?

Labor Law § 240, which places a strict-type duty on owners and contractors to protect workers from gravity-related hazards, giving injured workers an additional claim.

Do OSHA violations prove my claim?

They are strong evidence of a failure to use reasonable care, but you still must show that the violation caused your fall and injuries.

What if the ladder or scaffold was defective?

A product liability claim against the manufacturer or supplier may be possible, alongside any claim against negligent contractors.

Can I get a construction accident lawyer without paying upfront?

Usually, yes. Personal injury attorneys typically work on contingency, being paid a percentage of the recovery only if the case succeeds, with the percentage and the treatment of case costs set out in a written agreement. Ask whether costs are deducted before or after the fee is calculated, and read the agreement before you sign.

How long do I have to file a claim?

It depends on the state and defendant. General personal injury deadlines are commonly two to three years, for example two years in California, Texas and Florida and three in New York, but claims against government bodies often have much shorter notice deadlines, and some claim types have their own rules. Do not wait to find out.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. 29 C.F.R. § 1926.501 (duty to have fall protection)

    OSHA requires fall protection, by guardrails, safety nets or personal fall arrest systems, for construction workers on unprotected sides and edges 6 feet or more above a lower level, with specific rules for roofing and residential construction.

  4. N.Y. Labor Law § 240 (the Scaffold Law)

    New York imposes a heightened, effectively strict duty on owners and contractors to provide proper protection against gravity-related hazards such as falls from heights, giving injured workers a claim beyond workers' compensation.

  5. Cornell LII Wex — Workers' compensation

    A state no-fault system that pays medical costs and part of lost wages to injured workers, generally in exchange for the employer's immunity from a negligence lawsuit (the exclusive remedy rule). Injured workers can often still sue negligent third parties.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.