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The construction industry is one of the most dangerous industries in the country. Even though construction can be dangerous work, employers, construction site managers, and others responsible for workplace conditions are responsible for keeping construction sites safe. If you were injured when tripping and falling on the construction job, you may have the right to seek compensation for your injuries.
The legal team at Powers & Santola, LLP is here to help you navigate the legal process. Our experienced attorneys have recovered hundreds of millions of dollars in compensation in verdicts and settlements for accident victims. One of our founding attorneys, Daniel R. Santola, wrote New York’s leading treatise on construction accident claims, so you know we have the knowledge to capably represent you throughout the lifeline of your legal claim.
Our attorneys have also been recognized as Super Lawyers and Best Lawyers in America based on professional achievements and peer reviews. Contact us today to take advantage of a free, no-obligation consultation.
How Common Are Slips, Trips, and Falls on Construction Sites?
According to the United States Bureau of Labor Statistics, one in five workplace fatalities in 2022 occurred in the construction industry, with 38.4% of fatalities on construction sites due to falls, slips, and trips. Construction site deaths accounted for nearly half of all fatal falls, slips, and trips. Another 174,100 nonfatal injuries were reported in the construction industry in 2022. If you were injured in a construction accident, contact a personal injury lawyer from Powers & Santola, LLP for immediate legal assistance.
New York Laws on Construction Site Falls
Recognizing the dangers of slips and falls in the construction industry, New York State has passed several laws that protect construction workers from injuries and hold parties responsible when construction accidents occur. Some New York Labor laws that could apply to your case include:
New York Labor Law 240
New York Labor Law Section 240 This law makes every owner and their contractors responsible if a construction worker is injured in a fall from an elevated work place, or injured by a falling object. Under this law, the following parties could be held liable for such injuries:
- Building and land owners
- General contractors
- sub-contractors
- Construction project owners
- Project managers
Various workers are protected under this law, including those involved in any of the following tasks related to buildings:
- Erecting
- Demolishing
- Renovating
- Altering a building or structure
- Repairing
- Painting
- Cleaning
This law requires that scaffolding is adequate and properly erected so as to prevent workers from falls. To prove your right to financial compensation under this area of New York labor law, you must show the defendant violated this law, and the violation resulted in your injury.
The law does have some limitations. For example, it does not apply to single- or two-family homes if the owner doesn’t direct the work.
New York Labor Law 241
New York Labor Law Section 241 contains additional requirements for contractors and property owners. General contractors and property owners are required to maintain safe workplaces. If you are injured due to an unsafe work environment at a construction site or the contractor or property owner violated a specific Industrial Code regulation that caused your injuries, you can hold them responsible under this law.
This section of the law also establishes various regulations that can provide legal grounds for a personal injury claim based on a slip-and-fall, such as planking requirements with ramps, how construction sites should be built and protected when planks must be added over floors, and the requirement that all work areas and walkways be free of debris and materials that cause tripping hazards.
New York Labor Law Section 200
New York Labor Law Section 200 also requires property owners and contractors to use reasonable care to protect workers at construction sites. If you fall while working in dangerous conditions, you could potentially invoke this law to recover financial compensation for your injuries.
When employers fail to maintain their construction sites, provide proper safety equipment, or properly train their workers, injured construction workers may be able to seek full compensation for their injuries under these laws. Our experienced construction accident attorneys can investigate your case and determine whether the defendant’s violation of any of the above laws provides a pathway for recovery. Claims under these laws can occur at the same time as workers’ compensation claims.
Read our Construction Accident Blogs
Who Is Liable in a Construction Site Accident in New York?
Posted: January 11, 2025
According to the New York City Department of Buildings, 841 building construction-related workplace accidents occurred in 2023 throughout the city’s five boroughs, which resulted in 692 worker injuries and seven worker deaths. This represents a 25% increase in construction worker injuries in the city. If you or a loved one was injured at a construction …
Continue reading “Who Is Liable in a Construction Site Accident in New York?”
How Weather Conditions Contribute to Construction Accidents in New York
Posted: September 17, 2024
According to the National Safety Council, construction is the most dangerous industry to work in because it has the highest number of worker fatalities. According to the Bureau of Labor Statistics, construction accidents cause 1,000 deaths and 200,000 injuries yearly. Weather-related problems make this already dangerous occupation even more so. Construction workers face additional risks …
Continue reading “How Weather Conditions Contribute to Construction Accidents in New York”
Construction Site Fall Accidents in New York: Causes and Prevention Tips
Posted:
The construction industry is one of the most dangerous industries in which to work. However, this does not excuse an employer’s responsibility to provide a safe working environment. The potential dangers underscore the importance of providing workers with the proper equipment, training, and protection. Falls are a prevalent type of construction accident, so employers as …
Continue reading “Construction Site Fall Accidents in New York: Causes and Prevention Tips”
Common Causes for Slips and Falls
Our experienced attorneys can investigate why the construction site accident occurred and who is responsible. Some of the causes our construction accident lawyers may investigate include the following:
Surface Conditions
Construction workers may work on dangerous surfaces, including roofs and floors in disrepair. Planks can slip, or supports can collapse. Other workplace hazards at construction sites could include uneven surfaces, spills, changing elevations, and cracks. Workers may not be aware of these dangerous conditions until they fall and suffer serious injuries.
Damaged Ladders and Scaffolding
Construction workers rely on ladders and scaffolding to reach heights and complete their work. However, if workers do not have the right equipment or the scaffolding is not properly constructed, these devices can collapse and injure them.
Weather
Construction workers may have to work in dangerous weather conditions, including high winds, rain, ice, and hail. These conditions can make work difficult and surfaces slippery, leading to slips and falls.
Lack of Fall Protection
Construction site managers are responsible for providing proper protective equipment, which might include:
- Fall arrest systems
- Safety lines
- Safety apparatuses
- Guardrails
The most commonly violated OSHA standard is the failure to provide proper fall protection equipment to workers.
Trip Hazards
Accidents can also occur on construction sites when workers trip over items such as tools, building materials, hoses, cables, electrical cords, and wires, as well as falling materials and debris.
Lack of Training
Construction companies may be so eager to finish a project that they hire unqualified workers or do not provide proper training. Workers may not know how to use fall protection systems or perform their jobs safely, which can lead to injuries.
Obstructions
Construction workers may carry objects in a way that obstructs others’ view of potential dangers, creating hazards that can lead to slips and falls.
Lack of Warning Signs
Construction jobs can have many hazardous conditions. Failing to put up signs to warn workers of these potential hazards can lead to preventable slips and falls. Common construction site hazards include:
- Open trenches
- Holes in floors and roofs
- Live wires
- Missing steps or stairs
- Loose or missing guardrails or handrails
- Inadequate lighting
When workers are unaware of these dangers, they may suffer serious injuries.
Poor Communication
Active construction sites can be busy. They may involve workers in various trades who may not communicate with each other about potential hazards.
Who Is Responsible for Construction Slips and Falls?
Based on New York’s labor laws and common law principles of negligence, various parties can be held liable for accidents on construction sites, including:
- Property owners
- Contractors and subcontractors
- Property managers
- Engineers and architects
- Product manufacturers
Our construction accident lawyers can thoroughly investigate your claim to determine all liable parties.
What Do I Have to Prove to Recover Compensation for a Slip and Fall on a Construction Site?
What you have to prove depends on the type of legal claim you are pursuing.
When you pursue a workers’ compensation claim, you do not have to prove your employer was negligent. Workers’ compensation is a no-fault insurance system, so meeting this threshold is not necessary. In fact, you can recover compensation even if your own negligence contributed to the accident.
For certain slip and fall injury claims on construction sites, you only have to prove your employer violated an applicable rule without showing they were negligent. This is known as strict liability.
For other types of claims, you have to prove negligence, which occurs when the defendant owed you a legal duty, breached it, and caused damages because of the breach.
An experienced personal injury lawyer can explain what you must prove based on your particular type of case.
Common Construction Site Injuries
Trips and falls can lead to a variety of injuries. When construction workers slip and fall it can result in a severe head injury, they may suffer concussions and other traumatic brain injuries. These injuries can lead to memory loss, cognitive impairment and loss of muscle control.
When workers fall from heights, such as falls from ladders, scaffolds, roofs or any other elevated platform, they may suffer catastrophic injuries including spinal cord injuries and paralysis.
Other slips and falls can result in neck and back injuries, internal organ damage, soft tissue damage, and other serious injuries.
What Financial Compensation Can I Recover After a Construction Site Slip and Fall?
If you pursue a workers’ compensation claim, you may be able to recover medical benefits and partial wage replacement benefits. However, for serious injuries, workers’ compensation is usually not enough.
You may require extensive medical treatment, including multiple surgeries, lengthy rehabilitation, physical therapy, and medical supplies. At the same time, your future earning capacity could be hindered if you suffered a permanent disability or impairment. Through a personal injury claim, you may be able to seek compensation for the following:
- Past and current medical costs
- Future medical expenses
- Lost wages and benefits
- Diminished earning capacity
- Permanent disabilities, impairments, disfigurement, and scarring
- Pain and suffering
- Loss of quality of life
- Loss of consortium
Our lawyers can help evaluate your claim and pursue maximum compensation on your behalf.
What Evidence Can Help Prove Liability?
Various pieces of evidence may help you prove your construction accident claim, such as:
- Accident reports
- Contracts and indemnity agreements
- Personnel records
- Inspection reports
- Photos and videos of the accident site, including a lack of warning signs
- Statements from witnesses
- Accident reconstruction expert reports
- Medical records that connect your injuries and the accident
An experienced lawyer can review your claim and determine the evidence that can help support it.
What Should I Do After a Slip and Fall at a Construction Site?
If you were injured in a slip and fall on the job, you can take steps to protect your health and legal rights, including:
- Seek immediate medical treatment.
- Follow your doctor’s treatment plan and restrictions.
- Seek a second opinion if you disagree with your doctor’s assessment.
- Report your work injury to your employer.
- Ask for a copy of your written report.
- Document the accident scene with pictures, videos, and personal notes.
- Ask coworkers for their names and contact information.
- Consult a personal injury lawyer for further assistance.
What Is the Deadline to File a Personal Injury Lawsuit in New York?
In New York, personal injury victims have two years to file their lawsuit from the accident date. If they fail to take legal action within this timeframe, they can lose the right to seek compensation through the courts. Safeguard your legal rights by contacting an experienced lawyer today.
For workers’ compensation claims, you must notify your employer within 30 days of the accident. You must file your workers’ compensation claim within two years.
Contact Our Legal Team for a Free Case Review Today
Were you injured in a construction accident slip and fall in Albany, New York? If so, you may be entitled to compensation for your medical bills, lost income, and other damages. However, it may be difficult for you to secure the compensation you deserve without legal assistance.
An experienced construction accident lawyer can ensure your rights are protected. Contact us today for a free, no-obligation consultation.
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