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 well as all owners of property where construction work is taking place, all their contractors and their agents must take extra steps to protect workers from dangers that can cause falls. Here is everything you need to know about construction site fall accidents in New York, as well as causes and prevention tips.
Fall Accident Statistics
According to New York’s Construction Industry Fatality Registry, 61 construction workers died on the job in New York in 2021. The Bureau of Labor Statistics reports that 23 private-sector construction workers died in New York City in 2022, with falls, slips, and trips accounting for 15 of these fatalities. New York City Buildings reports that falls are by far the most common cause of construction worker deaths and serious injuries and have been for several years.
Common Causes of Falls
As you can see from the statistics above, falls represent a real risk in the construction workplace. Many New York areas are expanding, so construction sites are common. In New York, all Contractors and Owners and their Agents are responsible for maintaining a safe working environment for those working on the project, however, many fall short of this legal duty. Some of the most common causes of slip-and-fall accidents on construction sites include:
Wet or Slippery Surfaces
Many construction projects involve work on the exterior of buildings. Construction employees are not protected from the elements when they work in the rain or snow, so they may slip on a wet surface and suffer a serious injury. Even when the construction job is in the interior, construction workers may be injured when they fall on slippery substances.
New York lawmakers recognize these hazards. Industrial Code 23-1.7 states that employers must not permit any employee to use a floor, scaffold, or elevated work surface that is in a slippery condition. They are also responsible for removing ice, snow, grease, and any foreign substances that may cause slippery footing or to sand or cover it to make it safe for workers.
When there is an injury caused by a violation of a construction code like this, The owner of the property where the work is taking place will be responsible for injury even if it delegated the work by contract or otherwise to another entity. In addition, the party hired to perform the work, whether or not the worker’s employer is equally responsible. This is called vicarious liability. Think in terms of a typical auto accident where the driver drives his auto through a red light causing injury to a pedestrian, in addition to the driver, the owner of the auto will also be equally responsible. This is so because Vehicle and Traffic Law Section 88 makes the owner vicariously liable for the driver’s actions. Section 240 and 241 as well as 241-a make “All Contractors, Owners and their Agents” legally liable for the actions of those hired to perform the actual work.
Unprotected or Unmarked Ledges or Floor Holes
Construction site accidents occur when a worker steps into a hole or other unguarded fall hazard. Industrial Code 23-1.7 requires employers to guard any such hazardous opening with a substantial cover and to provide two-inch planking beneath the opening when employees are required to work close to such openings.
Falling Objects
Construction sites often involve many workers using various tools and materials, so falling objects are a common cause of accidents. For example, a construction worker may drop a hammer while elevated, hitting the worker below.
Trip Hazards
These same materials can also pose trip hazards. Construction workers may trip over power cords, building materials, excess sawdust, tools, or other objects. New York’s construction codes require construction site owners to keep areas where construction workers work free from accumulations of dirt, debris, scattered tools, and materials.
Scaffolding
One of the most common types of construction accidents is falling from scaffolding. These accidents may involve scaffolding that was improperly constructed or defective. They could also include improperly guarded scaffolding. These issues cause many fatalities on construction sites every year, which is why New York implemented Section 240 of the Labor Law, sometimes referred to as New York’s Scaffold Law.
Under this law, New York contractors, property owners, and their agents who use scaffolds to perform construction work are required to follow specific rules regarding constructing, erecting, and using scaffolds. They must secure scaffolding and provide employees with proper protection to prevent construction site injuries. All scaffolding must be built to bear at least four times the maximum weight. If an injury is caused due to a violation of this rule, the party directly responsible for the violation will be held responsible as well as each Owner and any of its contractors who accepted responsibility for the work that gave rise to the accident, whether they actually controlled the work or not.
Surface Defects
Slip and fall accidents on construction sites can also occur because of surface defects, such as:
- Potholes
- Temporary walkways
- Uneven sidewalks
- Uneven flooring surfaces
Defective Products
Construction site workers may work with various types of equipment and tools. If these materials are defective, such as a defective ladder, injured construction workers may have a product liability claim against the manufacturer of the defective product. In New York, besides the injured’s employer, the Owners of the project as well as each Contractor who undertook to perform the work, are required to inspect equipment regularly and to immediately repair or take the defective tool out of service.
Failure to Inspect
Property owners, construction companies, and employers are required to regularly inspect equipment and the job site to identify and correct possible safety hazards. Negligent construction companies may fail to inspect conditions, leading to serious accidents at construction sites.
Lack of Warning Signs
If a dangerous condition on the property cannot be quickly remedied, the party responsible for the construction site should erect warning signs so that others are aware of the danger.
Lack of Fall Protection
Construction accident victims sometimes suffer falls because those responsible have not provided them with personal fall arrest systems or adequate fall protection. They may not have received proper training on how to use this equipment.
Lack of Personal Protection Equipment
Other accidents can occur when construction workers are not provided with PPE, such as hard hats, fall harnesses, safety glasses, or respirators. Labor Law 241(6) states that contractors, property owners, and employers must “provide reasonable and adequate protection and safety” to their construction workers.
Unmarked Trenches
Construction-related injuries can also occur when workers and property managers create unmarked trenches.
If you or a loved one was injured in a construction site slip and fall, our experienced construction accident attorneys can discuss your rights during a free legal consultation.
d for the injuries that caused the decedent’s death. Those damages include compensation for the decedent’s conscious pain and suffering, medical expenses, and lost earnings.
Fall Prevention Tips
Fortunately, there are many ways that construction site fall accidents can be avoided. Some ways employers and construction site managers can prevent slip and fall accidents among construction workers include:
Following OSHA Guidelines
The Occupational Safety and Health Administration (OSHA) sets and enforces standards to ensure workers have a safe working environment. OSHA guidelines require employers to provide protection from construction site hazards, provide fall protection systems, and train employees to prevent potential injuries on the job.
Obeying New York Labor Laws and Construction Codes
New York has several integral laws concerning the safety of construction workers. Employers and property managers must obey these laws, including safely constructing scaffolding, cleaning job sites, and inspecting job sites and equipment. These New York Requirements must be complied with even if OSHA sets out a less onerous rule. The OSHA rules must be complied with by employers, while all Contractors, Owners and their Agents must comply with New York’s Labor Law statutes and its Industrial Code Rule 23, for construction work.
Providing Proper Fall and Personal Protection Equipment
Under OSHA regulations employers are required by law to provide fall protection systems, including guardrails, safety nets, and personal fall arrest systems, if workers are exposed to fall hazards at six feet or more. However, under New York Labor Law section 240, workers who are exposed to any elevation hazard whether six feet or less must be given adequate fall protection sufficient to prevent a gravity related injury.
Conducting Routine Inspections
Construction site managers should regularly inspect the site to identify and repair potential hazards that could result in slip and fall accidents. Some conditions they should pay particular attention to avoid slips and falls include:
- Scaffolding
- Walkways
- Holes
- Staircases
- Flooring surfaces
- Roofing surfaces
If they identify hazards, they should promptly address them by repairing, cleaning, or otherwise remedying them.
Creating Safety Protocols
Construction sites are unique workplaces. The general contractor can inspect the job site and identify potential safety hazards. They can use this information to create comprehensive safety measures to protect workers on the site. These guidelines should include measures that help reduce the risks associated with slips and falls.
Parties responsible for creating these safety guidelines should then communicate them to workers on their site and ensure that any other supervisors are familiar with them so they can disseminate them to people under their supervision and control. They can also have regular safety meetings to educate workers about slip and fall prevention.
Providing Training
Once property managers and employers have established safety protocols, they should communicate and train employees on them. Some opportunities for training topics include:
- How to prevent slip and fall accidents
- How to identify and address potential construction site hazards
- How to properly use PPE
- Safe workplace practices
- OSHA and New York Labor Laws
Education should be ongoing so workers are updated on the latest safety developments.
Construction Site Accident FAQs
What Compensation Can I Recover from a Construction Site Accident?
Injured construction workers may first turn to workers’ compensation for benefits, but they may find that these benefits do not fully compensate them for the full extent of their injuries. They may be able to pursue a personal injury lawsuit to seek compensation for their medical care, lost wages, diminished earning capacity, pain, suffering, and additional damages they incur because of the construction accident. Our experienced attorneys can review your claim and determine the damages you may be able to recover.
In the event of a fatal construction accident, a wrongful death and/or survival action may allow certain family members to recover compensation for compensatory damages such as:
- Loss of financial support
- Final medical expenses
- Funeral expenses
- Burial costs
- The decedent’s conscious pain and suffering
How Can Your Construction Accident Lawyers Help Me?
Construction accidents can be complex. You may not be aware of your rights or may feel intimidated about the legal process of pursuing fair compensation. Our experienced construction accident attorneys can help with your injury claim by:
- Evaluating your legal claims
- Answering your questions
- Identifying all parties responsible for your injuries
- Gathering evidence to prove a third-party liability claim
- Handling communication with insurance companies
- Negotiating for maximum compensation on your behalf
Who Is Responsible for a Construction Site Accident?
Many parties are responsible for managing active construction sites and creating a safe environment for construction workers to perform their jobs. Depending on the circumstances, the following parties may be responsible for a construction accident:
- The property owner
- The construction site manager
- The general contractor
- An independent contractor
- Another construction worker
- An employer
- A government entity
- A product manufacturer
An experienced attorney can review your case details and determine all potentially liable parties.
What Is the Deadline to File Construction Accident Lawsuits in New York?
The general statute of limitations for filing a personal injury lawsuit in New York is three years. For a fatal accident, the wrongful death statute of limitations is two years from the date of death.
However, additional rules can apply that can shorten or lengthen the amount of time you have to file a lawsuit. For example if your case is against a municipality, you may be subject to a filing deadline of one year and 90 days. An experienced Powers & Santola, LLP lawyer can review your situation and explain the applicable deadline.
Contact Our Construction Accident Law Firm for Help Today
At Powers & Santola, LLP, we have extensive experience handling legal claims involving all types of construction site injuries, including slips and falls. If you were injured on a construction site, our legal team can fight to hold the responsible parties accountable for their negligent actions. We have recovered millions of dollars for injury victims just like you and are ready to fight for you.
Contact us today for a free case review.
Related: How Weather Conditions Contribute to Construction Accidents in New York
