Most Common Causes Of Construction Site Accidents
Construction sites can be dangerous places, and there are many common causes of accidents that could be prevented with proper safety measures. In my experience, some of the most frequent accidents include:
Falling Accidents
Falls are one of the most common construction site injuries. Workers on unstable ladders, scaffolds, or elevated surfaces without fall protection are particularly at risk. General contractors and property owners have a responsibility to ensure safe working conditions at height. If a ladder breaks or is unstable, or a scaffold collapses, the general contractor or landowner can be held liable. The same goes for workers on elevated surfaces like bridges or skyscrapers, especially if proper fall protection (e.g., harnesses, guardrails) is not provided.
Falling Objects
Construction workers can be injured by falling debris or materials. Whether it’s tools, construction materials, or structural elements, if something falls from a height and strikes a worker, the contractor or property owner may be responsible. They must take precautions like using safety nets, debris buckets, and other protective measures to prevent these kinds of injuries.
Slip, Trip, and Fall Accidents
Construction sites must be kept clear of debris, ice, and other hazards that could cause workers to slip, trip, or fall. New York’s construction regulations require pathways and walkways to be free of obstacles to allow workers to carry heavy loads (e.g., rebar or lumber) safely. Failure to do so could result in serious injuries and the liability of the property owner or general contractor.
Equipment Failures (e.g., power tools, machinery)
Injuries can occur when machinery or tools like skill saws or grinders are used without properly functioning safety guards. Workers must be provided with tools in safe working condition, and it’s the contractor’s responsibility to ensure proper maintenance. If a guard is removed or a tool malfunctions, the contractor or employer could be liable.
Trench Accidents
Trench collapses are another significant cause of construction injuries. If trenches are not properly braced, workers can be buried under tons of earth and materials. New York’s construction safety laws mandate that trenches be shored and braced to prevent such collapses. If safety measures aren’t followed, contractors can be held liable for any resulting injuries.
Demolition Accidents
Workers involved in demolition face the risk of injury from falling walls, debris, or structural failures. New York has strict demolition safety regulations, which require that walls be properly braced and secured to prevent them from falling and causing harm.
Can a worker sue for an injury on a construction site?
In most cases, yes. Workers injured on construction sites can sue if the accident was caused by a violation of New York's Labor Laws or safety regulations. These laws exist to protect workers by ensuring safe working conditions. If your injury occurred because of negligence on the part of the general contractor, property owner, or subcontractors, you may be able to file a lawsuit.
For example, if you were injured due to faulty equipment, improper fall protection, or a dangerous work environment, you can sue under Labor Law §240 (often called the "Ladder Law") or other relevant regulations. This law is particularly important for workers who are elevated or working at heights, as it mandates the use of proper fall protection like safety harnesses, guardrails, and secure ladders or scaffolding.
What is Labor Law §240, also known as the "Ladder Law"?
Labor Law §240, or the “Ladder Law,” is designed to protect workers who work at heights by ensuring they have safe means of access and fall protection. If a ladder, scaffold, or other equipment breaks while a worker is using it, or if the equipment is unstable and causes a fall, the worker may have a lawsuit against the general contractor or landowner. It is the contractor's responsibility to provide safe, functional equipment, even if the worker’s employer gave them the defective equipment.
Example: If a worker is provided with a ladder that is not fit for the job (e.g., the wrong size or a faulty ladder) and the ladder breaks, causing injury, the general contractor or landowner is at fault under Labor Law §240.
Can a worker sue if a ladder breaks while in use?
Yes, if a ladder breaks while in use and the worker is injured, the general contractor and/or property owner can be held liable under Labor Law §240. The law mandates that they provide safe and suitable equipment for workers, and any failure to do so puts them at fault for any injuries that result.
What if someone gets injured by falling debris or objects?
If an object falls and strikes a worker, it’s typically a violation of Labor Law §240. The law requires that all materials be moved safely to prevent items from falling and causing injury. For example, construction sites must use proper safety nets, debris chutes, or hoists to prevent objects from falling from higher levels and harming workers below.
What if the injured worker didn’t have fall protection?
If a worker falls from an elevated position and was not provided with proper fall protection (like a harness, life line, or guardrails), this is a violation of Labor Law §240. The law requires that workers working at height be given adequate protection to prevent falls and injury. If a worker falls due to lack of protection, they have grounds for a lawsuit.
What worker rights exist when someone is injured during marine construction?
Marine construction is a specialized field with its own set of regulations. Workers who are injured during marine construction, such as dock builders, bridge workers, or marina repair crews, may be covered under federal law—the Longshore and Harbor Workers' Compensation Act (LHWCA)—instead of New York State workers' compensation. The LHWCA provides higher compensation rates than state workers’ compensation and allows injured workers to sue under New York's Labor Laws for additional protection and compensation.
What about injuries from a wall collapse during demolition?
If a worker is injured due to a wall collapsing during demolition, they can file a lawsuit under Labor Law §241(6). This law covers safety requirements for demolition work, such as ensuring that walls are properly braced and secured to prevent collapse. If these regulations are not followed, and an injury occurs, the worker may have grounds to sue the general contractor or property owner.
What about trench collapse injuries?
Trench collapse injuries can be catastrophic, and workers who are hurt in a trench collapse may have the right to sue under Labor Law §240, which mandates proper trench shoring and bracing. If the trench is not properly secured and collapses, causing injury or death, the general contractor and property owner may be liable for the accident.
Can you share an example of a successful case?
One case that stands out is an excavation case involving a landscaper who was working on a construction site. The landscaper wasn’t technically a construction worker, but he was performing work directly related to a construction project. We successfully argued that the Labor Laws applied to his situation, and the court ruled that all workers on a construction site, even if their work isn’t typically classified as “construction,” are entitled to protection under Labor Law. This case helped establish that any worker performing tasks in connection with a construction project is entitled to the same protections.
The case involved a worker being struck by an excavator while the operator was not following proper safety protocols. Our team proved that the operator violated the safety rules, and the jury found in favor of our client. This case set an important precedent for other construction workers and those performing related tasks on construction sites.
