Slip and Fall Accidents on Construction Sites

Westchester County Lawyer for Injured Workers

When many people think of construction site accidents, they imagine tragedies involving heavy machinery. In reality, it is falls and slip and fall accidents that account for a significant portion of serious and even fatalities. According to the U.S. Bureau of Labor Statistics, 38.4% of fatalities on construction sites in 2022 were because of slips, trips, and falls. Of all fatal falls that year, the construction industry accounted for 47.4%.

Any slip and fall accident at a construction site can result in devastating consequences, even when it does not lead to a fatality. When such an accident occurs, both visitors and workers at the site have legal protections. New York has enacted special laws to give construction workers recourse in case they’re injured in certain types of construction accidents. Persons injured in slip and fall accidents on construction sites should discuss their situation with seasoned White Plains construction accident attorney Mark A. Siesel. Immediately following your injury, reach out to The Law Office of Mark A. Siesel for a free consultation.

Slip and Fall Accidents on Construction Sites

Slip and fall accidents result from ice or snow around a business, inadequate lighting, spilled liquid or water, uneven surfaces, broken sidewalks, broken steps, or the failure to post warning signs. On construction sites, there are especially hazardous environments that can make slip and fall accidents more of a risk:

• Uneven ground. Construction sites often have rough terrain because of excavation or demolition. Uneven flooring and surfaces are also common during building, increasing the risk of tripping.
• Debris. Building materials, tools, and waste often accumulate on construction sites, creating obstacles and slip hazards.
• Weather. Rain, snow, or ice can make surfaces slippery, increasing the risk of falls.
• Lighting. Insufficient lighting in certain areas can make it difficult for workers to see potential hazards clearly.
• Busy sites. Busy work sites mean many workers focused on their own tasks and many tools and vehicles on site, all of which can cause confusion and falls.
• Work conditions. Some laborers work long hours or even on night shifts, and fatigue has been linked to a higher rate of workplace injuries.
• Heights. Many construction site workers work on scaffolds, ladders, and at heights. When they slip and fall on elevated platforms, there is the additional risk of a long drop down, which can result in more serious injuries.

Common injuries from slip and fall accidents on construction sites include:

• Broken bones. In falls, workers may suffer broken bones, often in the legs, arms, or wrists.

• Head injuries. Falls from heights or hitting hard surfaces can result in concussions or more severe brain injuries, including skull fractures.
• Back injuries: Slipping or falling can cause damage to the spine, resulting in herniated discs, chronic back pain, sprains, or even paralysis.
• Soft tissue injuries. Strains and sprains, especially to the legs and arms, can happen when you twist your limbs awkwardly during a fall. While these types of injuries do heal, the pain and mobility issues they cause can mean you cannot work while you are healing.
• Internal injuries. If you slip and fall from a roof or other height, you could suffer injuries to major organs, such as the spleen or liver. These types of injuries can cause internal bleeding and can be fatal.
• Cuts. Sharp objects, debris, or equipment can cause deep lacerations when workers fall. Some cuts may require stitches and wound management to prevent infection.

Any of injuries can have severe consequences. In some cases, they can result in long-term disability, pain, or decreased ability to work. Since construction workers rely on their physical mobility for their work, even a relatively minor injury can mean they need to lose out on work and income. While workers’ compensation can cover some income loss and all required medical expenses, it is worthwhile to speak to a construction accident attorney to find out if you have any legal claim, which may allow you to seek compensation for the losses workers’ compensation does not cover.

Property owners need to maintain their premises in a reasonably safe condition for visitors. Visitors may be able to recover damages if they were injured in slip and fall accidents on construction sites as a result of dangerous conditions that the property owner knew or should have known about. While injured workers are usually limited to filing workers’ compensation claims after a workplace accident, an experienced lawyer can determine whether the special protections to construction workers under Labor Laws 200, 240, and 241(6) apply in their situations.

Labor Law Section 200

Labor Law Section 200 codifies the negligence principles that allow injured workers at certain types of construction projects to recover their losses from property owners and contractors. All places on construction sites are supposed to be conducted, operated, arranged, equipped, or constructed in order to provide reasonable and adequate protection to workers’ safety, health and lives. A property owner or contractor may be at fault when they create or possess actual or constructive notice of a dangerous condition that produced the accident. For example, if a property owner stacks pipes in a walkway and an electrical subcontractor passing through slips on the pipes and fractures both ankles, the electrical subcontractor may have a claim under Labor Law Section 200.

Labor Law Section 240

Known as the Scaffold Law, New York Labor Law Section 240 provides significant protection to workers from gravity-related injuries by imposing absolute liability on owners, contractors and their agents. Under this law, owners, contractors and their agents have a nondelegable duty to protect workers. This means even if another trade created the danger that caused you to slip and fall and sustain injuries because you were working at heights, you can recover from the property owner and general contractor. Suppose, for instance, that a framer slipped and fell to the ground from scaffolding on the second story of an apartment complex because an employee of the painting subcontractor left wet paint on the scaffold. Under Labor Law Section 240, the framer may hold the contractor and property owner accountable for the broken back and resulting paralysis suffered in this gravity-related accident.

Labor Law Section 241

Depending on the circumstances, workers injured in slip and fall accidents on construction sites may also be able to seek damages for injuries under Labor Law Section 241(6). This law requires owners and general contractors to provide adequate, reasonable protection to workers when excavation, construction or demolition work is being performed. In order to recover under this section, you’ll need to demonstrate there was a violation of the New York State Industrial Code Rule 23, which includes detailed safety standards for a wide range of conditions.

There are several sections of Rule 23 that may apply to a construction site slip and fall. For example, under §23-1.30, illumination that is sufficient for safe working conditions shall be given whenever people are required to work or pass in excavation, demolition, or construction operations. The illumination should never be less than ten-foot candles in any area where people are required work, nor less than five-foot candles in any landing, stairway, passageway, or similar area where people are required to pass. If a worker fell on a patch of slippery liquid in a poorly illuminated passageway at a demolition site at night, the injured worker may be able to recover damages under Labor Law Section 241(6).

Consult a Seasoned White Plains Attorney About Your Accident

If you were injured in a slip and fall accident on a construction site in White Plains or its surrounding areas, you should discuss your options with seasoned lawyer Mark A. Siesel. You may have recourse under Section 200, 240 or 241(6). Our firm represents construction workers in Queens, the Bronx, and Brooklyn, as well as Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, and Ulster Counties. Contact us at (914) 428-7386 or complete our online form.