Falls Construction Sites
Falls from ladders, scaffolds, roofs, and other work areas are among the most common types of construction site accidents in New York City and elsewhere in the United States. These falls often have devastating consequences for a worker’s life, and they may even be fatal. If you have been injured in any type of fall on a construction site, we may be able to help. At Oresky & Associates, our Queens and Bronx construction accident lawyers are committed to getting our clients full and fair compensation for their harm. With decades of experience to guide us, we treat each person who seeks our assistance with the personalized attention that they deserve.
Falls on Construction Sites May Cause Serious Injuries
According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of deaths in the construction industry. In 2015, for example, 364 out of 937 total deaths in construction resulted from falls. The Bureau of Labor Statistics found that in New York City, these accidents accounted for 24 fatalities in 2015, a slight increase from the previous year.
Under New York’s Labor Laws, the risk of falling is known as a “gravity-related hazard,” a term that covers falling workers as well as falling objects like materials or equipment that could strike workers. Falls on construction sites may be caused by an owner’s and/or contractor’s failure to provide proper safety equipment or follow proper safety protocol. This could include:
- Failure to provide fall safety equipment such as life lines and harnesses for a worker to tie off to;
- Failure to provide safe ladders or scaffolds that do not collapse, shift or move;
- Failure to use proper equipment to raise or lower heavy equipment or materials;
- Failure to provide a safe work platform or provide railings or barriers to prevent a worker from falling;
- Failure to ensure that sturdy barriers, ropes or safety devices are placed around openings, such as elevator shafts, stairwell openings, and other areas;
- Failure to provide safety netting to protect construction workers from being hit by falling debris such as bricks during the course of demolition.
Workers hurt on the job sometimes think that they have no recourse other than Workers’ Compensation for an accident and their resulting injuries, but this is not always the case. The New York Labor Law protects construction workers, and those working in construction related trades such as demolition workers, asbestos handlers, painters, carpenters, electricians, plumbers and others. New York Labor Law Sections 200, 240, and 241provides protections for those working in the construction industry and related fields and provides injured workers certain rights to file a lawsuit and obtain compensation through court proceedings, including a jury trial. These laws hold construction companies, property owners, and contractors responsible for providing a safe working environment. Under certain provisions of the Labor Law if a property owner or contractor is found liable, they be held 100% responsible for the accident irrespective of the worker’s comparative negligence (partial fault for the accident). If they are found liable under the Labor Laws defendants may be required to pay for a worker’s accident-related pain and suffering, lost union benefits, lost wages, medical treatment as well as other damages, such as the loss of services of a spouse.
Discuss Your Situation with a Workplace Accident Lawyer in the Bronx or Queens
If you or a family member was injured due to a fall at a construction site, our experienced work injury attorneys can help you understand your rights and options. At Oresky & Associates, we take great pride in providing compassionate representation to each and every client. Members of our team are bilingual in Spanish for those clients and their families that prefer to speak Spanish. We assist injured workers in the Bronx, Queens, Manhattan, Brooklyn, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. Call us at 718-993-9999 or contact us online for a free appointment with an attorney to discuss your next steps.