New York Construction Site Accidents
The causes of construction accidents are of concern for workers and business owners. Construction is one of the most dangerous U.S. occupations and has more fatalities than any other industry.
The following are some common questions people ask regarding construction accidents.
What is the number one cause of construction site deaths?
Falls are the major cause of construction site deaths. According to the Occupational Safety and Health Administration (OSHA) the main types of fall hazards are:
- Unprotected roof edges
- Roof/floor openings
- Structural steel and leading edges
- Improper scaffold construction
- Unsafe portable ladders
What are the top four accidents in the construction industry?
OSHA has stated that the top four causes of construction fatalities are:
- Struck by (falling objects or hit by vehicles)
- Caught in or between (trenches or excavation areas)
- Electrocutions (overhead power lines, ungrounded portable electric tools, etc.)
Who is ultimately responsible for providing a safe construction site?
The New York City Bar explains that negligence law allows an injured worker to sue a third party under certain conditions. Conditions would be if the:
- Third party’s negligence caused the worker’s injury
- Third party had control over the site and should have recognized the danger
NY Labor Law 240 protects construction workers who are performing work at high elevations. This would include working on scaffolds or using ladders for tall structures. Their employers must by law provide them with safety devices and safe work conditions. If workers can prove that employer knew about or should have known about the existence of safety violations, they can hold them responsible. Examples would include old, faulty safety harnesses that fail or general contractors who erect unsafe scaffolds.
In addition, New York Labor Law 241 provides workers with protection and is a strict liability law. This means the law holds the contractor or other party strictly liable for safety code violations that cause injury at a worksite. The violation alone establishes fault. An example would be lights spaced too far apart in violation of code for an excavation area.
Do you need legal guidance regarding a construction accident?
We can review the circumstances related to your construction site accident and determine whether you have a case. To arrange a free consultation, contact the Law Office of John Fazzini. Call us at (631) 547-8989 or reach out to us through our contact form.