Elevator Shaft Falls in Queens, NY
Labor Law 240 Claims
Injured in a elevator shaft falls on a Queens construction site? Under Labor Law 240, owners and contractors bear absolute liability. Free consultation — no fee unless we win.
Elevator Shaft Falls in Queens: What Workers Need to Know
Queens is one of New York City's most active construction markets, with 48,000 active permits and roughly 780 major construction sites at any time. NYC Department of Buildings data shows 2,900 construction injury reports filed annually in Queens alone. Falls account for the majority — including elevator shaft falls, which involve the type of elevation-related hazard that Labor Law 240 (the "Scaffold Law") was enacted to address. When a Queens construction worker is hurt in a elevator shaft falls, New York law places full liability on the property owner and general contractor — not the injured worker.
Labor Law 240 in Queens
New York Labor Law § 240 — the Scaffold Law — creates absolute liability for owners and general contractors when a worker is injured by an elevation-related hazard. The liability standard is: absolute.
In Queens, every construction project — from a mixed-use development like Flushing Waterfront to a single-family renovation — is covered. The contractor's failure to supply adequate scaffolding, ladders, or fall-protection equipment triggers liability regardless of the worker's own actions.
How Elevator Shaft Falls Happen
Understanding the mechanics of a elevator shaft falls matters in a Labor Law 240 case — it determines which specific duty the owner or contractor breached.
Missing or inadequate shaft-opening cover
During construction, elevator shafts are open at each floor level until car and doors are installed. Temporary coverings — plywood, planks, or gate guards — must be secured against displacement (29 CFR 1926.502(i)). When covers are removed by other trades and not replaced, or when they are sized too small and can be kicked aside, the opening is functionally invisible under debris. A worker who steps on an unsecured cover that slides falls the full shaft depth — 10 to 14 feet per floor, sometimes multiple floors.
Working platform edge at shaft perimeter
Workers installing rails, counterweights, or door frames must work at the shaft perimeter on temporary platforms. These platforms are often constructed with 2x10 planks across the shaft with no guardrail toward the open shaft. A loss of balance or a pull from a rope or cable swings the worker into the shaft. Fall distance is at minimum the shaft height from the working platform to the next available landing — typically 10 to 25 feet.
Where Queens Cases Are Filed
Queens County Supreme Court
88-11 Sutphin Boulevard, Jamaica, NY 11435
11th Judicial District · Second Department
- High volume
- Diverse plaintiff population
- Many immigrant workers
Major Construction Sites in Queens
Elevator Shaft Falls risks are concentrated wherever large projects operate. These are the highest-activity sites in Queens right now:
Flushing Waterfront
Mixed-use development
$3 billion
Under construction
Willets Point Redevelopment
Mixed-use/Stadium area
$3 billion
Approved, starting
JFK Airport Redevelopment
Airport/Infrastructure
$18 billion
Under construction
Trauma Centers in Queens
These are the accredited trauma centers that receive the most serious Queens construction injuries. Medical records from these facilities become key evidence in your claim.
Jamaica Hospital Medical Center
8900 Van Wyck Expressway, Jamaica, NY 11418
Level I trauma center serving southern and eastern Queens; primary receiving hospital for JFK Airport-area construction incidents.
Elmhurst Hospital Center
79-01 Broadway, Queens, NY 11373
NYC Health + Hospitals Level I trauma center serving Jackson Heights, Elmhurst, Corona, and the LIC/Astoria construction corridor.
NewYork-Presbyterian Queens
56-45 Main Street, Flushing, NY 11355
Level II trauma center serving Flushing, Whitestone, and northeastern Queens.
Union Locals in Queens
The primary unions covering Queens construction workers are: LIUNA Local 66, LIUNA Local 79, IBEW Local 3, Carpenters Local 157, Ironworkers Local 40. Full list includes 15 active locals on Queens job sites.
Union membership does not limit your Labor Law 240 rights. Your union cannot negotiate away your right to sue the property owner for an elevation-related injury. Workers' compensation from your union fund and a personal injury lawsuit are separate claims — you are entitled to both.
OSHA Standards That Apply to Elevator Shaft Falls
29 CFR 1926.501 — Fall Protection - General Requirements
6,763 citations in FY2024 nationwide. OSHA citations for this standard on a Queens job site are admissible in a Labor Law 241(6) claim.
29 CFR 1910.1200 — Hazard Communication
3,111 citations in FY2024 nationwide. OSHA citations for this standard on a Queens job site are admissible in a Labor Law 241(6) claim.
New York's Industrial Code Rule 23 (12 NYCRR Part 23) adds state-specific requirements on top of OSHA. A violation of Rule 23 that proximately caused your injury can establish liability under Labor Law 241(6), independent of Labor Law 240.
Queens Construction History
1939 World's Fair grounds, Flushing Meadows (1936-1939) — Built atop the former Corona Ash Dump (the 'valley of ashes' from The Great Gatsby). Required draining marshland and moving more than seven million cubic yards of fill in three years. The compressed schedule and unstable ground produced repeated cave-ins and caisson injuries that informed the first NY State excavation-shoring standards now in 12 NYCRR 23-4.
Frequently Asked Questions: Elevator Shaft Falls in Queens
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This page is provided for informational purposes only and does not constitute legal advice. Case outcomes depend on the specific facts of your situation. Prior results do not guarantee a similar outcome. Haddock Law is a referral network connecting injured workers with licensed New York attorneys who handle Labor Law 240 cases on a contingency basis.