Injured in a Construction Fall in New York? This 2026 Court Decision Makes “Safety Gear” Excuses Harder to Sell

Reza Yassi
Jan 27
6 min read

Falls from ladders, scaffolds, and elevated work platforms are some of the most common causes of life-changing injuries on New York job sites. When the fall happens because the “protection” did not actually protect you, New York law can shift accountability to the people who controlled the worksite.

A new appellate decision, Rojas v. 616 First Ave., LLC, 2026 NY Slip Op 00164. (2d Dept. Jan. 14, 2026), is a strong example of how courts look past the label on a safety device and focus on what it actually did when gravity showed up.

If you were injured on a construction site in NYC (Manhattan, Brooklyn, Queens, the Bronx, Staten Island) or Long Island (Nassau or Suffolk), this case is worth understanding because it highlights a simple but powerful principle:

Fall protection must be arranged to stop a fall in a safe way. “We gave him a harness” is not a defense if the setup still allows a dangerous fall.

Quick takeaways (for workers who just want the point)

A harness with a self-retracting lifeline is not automatically “adequate” under New York law. In Rojas, the lifeline extended 15 to 20 feet and did not prevent a fall from roughly nine feet. Rojas decision.
The court affirmed summary judgment under Labor Law § 240(1) (often called the Scaffold Law).
The court also affirmed liability under Labor Law § 241(6) based on 12 NYCRR § 23-1.16(b), which says a fall must be arranged so it “shall not exceed five feet.”

What happened in Rojas

The worker was inside a building doing construction work. He was attempting to nail a piece of wood into a beam as part of leveling plywood before concrete was poured. He fell about nine feet to the concrete below.

He was wearing a harness with a self-retracting lifeline (SRL), but he testified that:

The SRL extended 15 to 20 feet, and
It did not stop the fall, and
There was no setting to limit it below 15 to 20 feet.

Those facts mattered because the court focused on real-world performance, not the jobsite’s “we provided equipment” story. Rojas decision.

What is a self-retracting lifeline (SRL), and why does fall distance matter?

An SRL is a fall-arrest device designed to lock quickly when a worker drops suddenly, like a seatbelt. But the system only protects you if it is set up properly, including:

Where the anchor point is,
How much line can pay out before it locks,
How much “arrest distance” you have before you hit something,
Slack in the line, and
How the harness is attached.

That is why New York’s Industrial Code includes specific language requiring the system to be arranged so that, if the user falls, the fall “shall not exceed five feet.” 12 NYCRR § 23-1.16(b).

In Rojas, the worker’s testimony that the lifeline extended 15 to 20 feet helped show the setup was not arranged to limit fall distance in the way the rule requires. Rojas decision.

The holding: why the worker won under Labor Law §§ 240(1) and 241(6)

1) Labor Law § 240(1) (Scaffold Law)

Under Labor Law § 240(1), owners and general contractors have a non-delegable duty to provide proper safety devices for elevation-related hazards, like falls.

In Rojas, the court held the worker showed:

He was doing protected work, and
He was not provided adequate safety equipment to prevent the fall.

The defendants failed to raise a triable issue that the worker was the “sole proximate cause.” Rojas decision.

2) Labor Law § 241(6) plus Industrial Code 23-1.16(b)

Labor Law § 241(6) requires reasonable and adequate protection at construction sites, and it is enforced through specific Industrial Code rules.

The court found 12 NYCRR § 23-1.16(b) applicable, including the requirement that the fall be arranged so it does not exceed five feet. Rojas decision.

Why this matters for injured construction workers in NYC and Long Island

Defense lawyers love a simple story: “He had a harness, so the site was safe.”

Rojas is a reminder that courts look harder than that. If the system still lets you fall a dangerous distance, the question becomes: was the protection adequate and properly arranged?

This comes up constantly in real-world NYC jobsite falls, including:

scaffold or Baker scaffold falls,
ladder falls,
falls through openings or unprotected edges,
falls during concrete, steel, drywall, or framing work,
situations where tie-off points were too low or too far.

“Do I have a case?” A practical checklist based on Rojas

You may have a strong claim if any of these are true:

You fell from a height while doing construction, repair, demolition, or related work.
You were “tied off” but still hit the ground or a lower level.
The lifeline had excessive slack or allowed a long drop.
The anchor point was poorly placed or too low.
You were told to work despite missing or inadequate fall protection.
A GC, construction manager, or owner had authority over site safety.

If that sounds familiar, it is worth speaking with a lawyer who handles New York construction falls. You can also start with our internal resource page: Workplace Accidents.

What to do after a construction fall (this protects your health and your legal case)

1) Get medical care, then document everything

Ask for copies of:

the ambulance call report,
ER records,
imaging results (MRI, CT, X-ray),
follow-up specialist notes.

2) Report the injury in writing

New York workers’ compensation rules require notice to the employer within 30 days.

Statute: WCL § 18.

Worker-facing guidance: NY Workers’ Compensation Board, “When an injury happens”.

3) File the C-3 workers’ comp claim

The Board states that Form C-3 must be filed within two years of the accident (or discovery in certain occupational disease situations).

Official WCB page: File a Claim (Form C-3).

4) Preserve evidence before it disappears

Job sites change fast. Evidence does not “stay there” waiting for your case. Try to preserve:

Photos or video of the area, anchor point, harness, SRL, and lanyard,
Names and phone numbers of witnesses,
Incident reports,
Safety meeting logs,
Your employer’s job ticket or assignment for the day,
Any text messages about the task or safety setup.

Common defenses we see in NYC Labor Law fall cases (and how Rojas helps)

“You misused the equipment.”

If the system was inherently incapable of limiting a fall to safe distances, the defense becomes harder to sell.
“We provided a harness, so we complied.”

Rojas shows “provided” is not the same as “adequate.”
“You were the sole proximate cause.”

The Second Department rejected that argument on these facts. Rojas decision.
“That company was not really the general contractor.”

The court also addressed contractor status and supervision issues. Rojas decision.

Deadlines that can quietly destroy a strong case

Most New York personal injury lawsuits must be filed within three years. CPLR § 214.
Wrongful death actions must generally be filed within two years from the date of death. EPTL § 5-4.1.
Workers’ comp notice and filing deadlines are separate and can apply even if you also have a Labor Law case. WCL § 18 and WCB File a Claim page.

Important note: If a government entity is involved, deadlines can be much shorter. You should get legal advice quickly.

How Yassi Law approaches NYC construction fall cases

At Yassi Law P.C., we focus on serious injury matters, including construction falls and workplace injuries. Learn more here:

Our job is to investigate the fall protection setup, identify responsible parties beyond your employer, and pursue full compensation when New York Labor Law applies.

FAQ: Construction falls, harnesses, and New York Labor Law

What does Labor Law § 240(1) actually say?

You can read the full text here: New York Labor Law § 240(1).

What is Labor Law § 241(6)?

It requires reasonable and adequate protection for workers and is enforced through specific Industrial Code rules. Text here: New York Labor Law § 241.

What does 12 NYCRR 23-1.16(b) require?

It includes the key rule that the attachment must be arranged so that, if the user falls, the fall shall not exceed five feet. Text here: 12 NYCRR § 23-1.16(b).

If I was wearing a harness, can I still have a case?

Yes. Rojas is a good example of why. A harness system can still be legally inadequate if the setup allows a dangerous fall distance. Rojas decision.

Do I have to report my injury to my employer?

Workers’ compensation notice rules generally require written notice within 30 days. WCL § 18 and NYWCB guidance.

How long do I have to file a workers’ comp claim?

The Workers’ Compensation Board states Form C-3 must be filed within two years of the accident. WCB File a Claim.

Talk to a New York construction accident lawyer

If you fell from a ladder, scaffold, or elevated area anywhere in New York City or Long Island, do not assume the site is off the hook just because they handed you a harness. The real question is whether the protection was adequate and properly arranged.

For a confidential consultation, contact us here: Yassi Law P.C..

Legal disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every case depends on specific facts and deadlines. Consult a licensed attorney for advice about your situation.