Chaikin Trial Group secured a $5,475,000 settlement for a non-union construction laborer who fell through an open, unguarded floor hole on a Queens condo conversion project — dropping from the 8th floor to the 7th floor. The case was litigated under New York Labor Law §240(1) and §241(6), holding the property owner and general contractor strictly liable for failing to provide adequate fall protection at a residential conversion worksite.
Case at a Glance
- Settlement Amount: $5,475,000 (Gross)
- Case Type: Labor Law — Construction Accident (§240/§241)
- Incident Date: September 27, 2017
- Location: Queens, NY
- Client: Non-union construction laborer
- Attorney: Ian M. Chaikin, Esq. (Chaikin Trial Group, co-counsel with Scott Shapiro / Paris Law Group)
- Status: Settled — Case Closed
How the Accident Happened
On September 27, 2017, our client — a non-union construction laborer working on a condo conversion project in Queens, New York — was performing work on the 8th floor of the building when he fell through an open, unprotected hole in the floor, dropping to the 7th floor below.
The hole was left completely unguarded, with no safety covering, guardrails, or warning markers in place. Under New York Labor Law §240(1) — the Scaffold Law — property owners and general contractors are strictly liable when workers suffer gravity-related injuries due to inadequate fall protection. The defendants in this case failed to satisfy those statutory obligations, exposing our client to a life-altering fall.
This case was referred to Chaikin Trial Group by Scott Shapiro and litigated in co-counsel with the Paris Law Group. Ian Chaikin and the legal team developed a strong liability case under Labor Law §240 and §241(6) targeting the general contractor and property owner for their failure to maintain a safe work environment at the conversion site.
Injuries Sustained
As a result of the fall from the 8th to the 7th floor, our client sustained multiple serious injuries, including:
- Ankle fracture
- Shoulder injury
- Lumbar spine/back pain
- Cervical spine/neck pain
- Leg pain
These injuries required ongoing medical treatment, specialist consultations, and resulted in significant lost wages and diminished quality of life for our client and his family.
How Chaikin Trial Group Won
Fighting for the Plaintiff Under New York’s Labor Law
New York Labor Law §240(1) — the Scaffold Law — imposes absolute liability on property owners and general contractors for gravity-related construction injuries. Our team established that the unguarded floor opening was a direct violation of this statute, eliminating any comparative fault argument by the defense.
Comprehensive Documentation & Expert Support
The legal team retained expert witnesses, gathered site inspection evidence, obtained all medical records and treatment documentation, and built a compelling damages case to reflect the full scope of our client’s injuries, lost earning capacity, and pain and suffering. Expert fees and transcript/deposition costs were carefully managed as part of the overall litigation strategy.
What This Settlement Means for Construction Workers in New York
This $5,475,000 result demonstrates that New York’s Labor Law provides powerful protections for construction workers — including non-union workers — who are injured due to unsafe job site conditions. When a property owner or general contractor fails to provide proper fall protection at a worksite, they can be held fully liable for the consequences.
If you or a loved one was injured on a New York construction site, you may be entitled to significant compensation regardless of your union status or immigration status. Contact Chaikin Trial Group today for a free case evaluation.
Damages Available in Construction Accident Cases
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Workers’ compensation lien recovery coordination
Other Construction Accident Results by Chaikin Trial Group
Our attorneys have secured significant outcomes for injured construction workers throughout New York City and Long Island:
View Our Full Verdicts & Settlements Page:
Related Resources & Information
Practice Areas
- Queens Construction Accident Lawyer: https://www.chaikintrialgroup.com/queens-ny/work-injury-lawyer/construction/
- Non-Union Construction Accident Lawyer (Queens): https://www.chaikintrialgroup.com/queens-ny/work-injury-lawyer/construction/non-union-construction/
- Manhattan Non-Union Construction Accident Lawyer: https://www.chaikintrialgroup.com/manhattan-ny/work-injury-lawyer/construction/non-union-construction/
- Long Island Construction Accident Lawyer: https://www.chaikintrialgroup.com/long-island-ny/work-injury-lawyer/construction/
Construction Accident FAQs
- What compensation can I get for a construction work injury in NY? https://www.chaikintrialgroup.com/faqs/what-compensation-can-i-get-for-a-construction-work-injury-in-ny/
- How long do I have to file a claim after a construction injury in NY? https://www.chaikintrialgroup.com/faqs/how-long-do-i-have-to-file-a-claim-after-a-construction-injury-in-ny/
- Do I need a lawyer after a construction site injury in NY? https://www.chaikintrialgroup.com/faqs/do-i-need-a-lawyer-after-a-construction-site-injury-in-ny/
- Union vs. Non-Union construction accidents — What’s the difference? https://www.chaikintrialgroup.com/faqs/union-vs-non-union-construction-accidents-whats-the-difference/
- Who is liable in a non-union construction accident in NY? https://www.chaikintrialgroup.com/faqs/who-is-liable-in-a-non-union-construction-accident-in-ny/
- Are non-union construction sites more dangerous? https://www.chaikintrialgroup.com/faqs/are-non-union-construction-sites-more-dangerous/
- What legal options do injured non-union workers have? https://www.chaikintrialgroup.com/faqs/what-legal-options-do-injured-non-union-workers-have/
About Chaikin Trial Group
Chaikin Trial Group is a New York personal injury law firm with over 50 years of combined legal experience. Founded by Ian M. Chaikin, Esq., the firm represents injured workers and accident victims throughout New York City, Long Island, the five boroughs, and beyond. The firm has recovered more than $100 million in damages for clients.
- About Ian Chaikin: https://www.chaikintrialgroup.com/the-firm/ian-chaikin/
- Full Verdicts & Settlements: https://www.chaikintrialgroup.com/results/
- More Case Results: https://www.chaikintrialgroup.com/more-case-results/
- Free Case Evaluation: https://www.chaikintrialgroup.com/contact/