Falls on Construction Sites: Legal Guide 2025

Construction sites are inherently dangerous, and falls are a leading cause of severe injuries and fatalities in the industry. If you've been injured in a construction site fall in New York, it's crucial to understand your rights and options for seeking compensation. Suffering from a serious injury can be scary and frustrating. With the medical bills piling up and no wages coming in, you may not know what to do next.

This legal guide provides essential information about construction site falls, including common causes, potential injuries, OSHA regulations, and steps to take after an accident. Our experienced Warwick construction accident lawyers will pursue the justice and compensation you deserve and put you on the right path.

Statistics on Construction Site Falls

According to the U.S. Bureau of Labor Statistics (BLS), in 2022, nearly one in five workplace fatalities occurred in the construction industry, with 38.4% of these deaths resulting from falls, slips, and trips. The construction sector accounted for approximately 47.4% of all fatal falls, slips, and trips that year.

Nonfatal falls also present a significant concern. In 2020, the rate of nonfatal injuries due to falls, slips, and trips in the private construction industry was 31.4 per 10,000 full-time workers.

These statistics underscore the critical need for fall prevention measures in the construction industry. The Occupational Safety and Health Administration (OSHA) recommends a three-step approach for employers: plan ahead to ensure safety, provide the appropriate equipment, and train all workers properly.

Common Causes of Falls on Construction Sites

Construction sites are inherently hazardous environments, and falls are a leading cause of injuries and fatalities. Several factors contribute to these incidents:

Unprotected Edges and Openings

Construction site owners must ensure that the edges of floors and roofs are not left unprotected without guardrails or coverings, which creates dangerous fall risks.

Housekeeping and Surface Conditions

General contractors and property owners are responsible for ensuring that surfaces are stable and free from debris to prevent trips and falls.

Slippery or unstable surfaces, debris, and poor housekeeping can lead to trips and falls.

Misuse of Equipment

Misusing equipment like ladders and scaffolds due to inadequate training or maintenance further increases the danger for a construction worker.

Ladders, in particular, present multiple hazards. Construction workers often overreach, stand on the top rung, or use damaged ladders. Scaffolding can also be a major hazard if it’s not erected properly, lacks guardrails, or is overloaded.

Lack of Fall Protection

Perhaps most importantly, a lack of proper protective equipment, such as harnesses and safety nets, leaves the injured worker vulnerable. Even when provided, construction workers might not be properly trained in their use or may choose not to wear them due to discomfort or a false sense of security.

Inadequate Training and Supervision

Ultimately, insufficient training and supervision on safety protocols by the general contractor contribute significantly to the prevalence of falls on construction sites. A strong safety culture, where safe practices are prioritized by everyone and workers are empowered to speak up about hazards, is crucial in reducing fall incidents.

Injuries from Falls on Construction Sites

Falls from heights on construction sites can lead to a wide range of severe injuries with potentially life-altering consequences. Some of the most common injuries include:

• Traumatic brain injuries (TBIs): Falls can cause concussions, skull fractures, and brain bleeds, leading to cognitive impairments, memory loss, and personality changes.
• Spinal cord injuries: Damage to the spinal cord can result in partial or complete paralysis, affecting mobility and sensation.
• Fractures: Broken bones are common in falls, particularly in the arms, legs, and back. These injuries often require surgery and extensive rehabilitation.
• Internal injuries: Falls can cause damage to internal organs, such as the spleen, liver, or lungs. These injuries may not be immediately apparent but can be life-threatening.
• Soft tissue injuries: Sprains, strains, and contusions can result from a fall's impact. While these injuries may seem less severe, they can cause significant pain and limit mobility.

The severity of these injuries can vary depending on the height of the fall, the impact surface, and the use of personal protective equipment. Even seemingly minor falls can result in long-term health problems and disability.

Preventing Construction Site Falls

Preventing falls on construction sites requires a multi-faceted approach with a strong emphasis on safety culture and adherence to labor laws.

• Training: All construction workers must receive comprehensive training on fall hazards, prevention strategies, and the proper use of safety equipment, including ladders, scaffolds, and fall protection. This training should be regularly reinforced.
• Equipment: Employers must provide and maintain appropriate fall protection equipment, such as harnesses, guardrails, and safety nets, ensuring it is readily available and correctly installed.
• Hazard identification: Regular inspections of worksites are crucial to identifying and addressing potential hazards, such as unstable surfaces, unprotected edges, and improper equipment use. Good housekeeping practices, such as keeping work areas clean and organized, are also essential to minimizing tripping hazards.
• Safety culture: Fostering a safety-conscious environment is paramount. This means open communication and encouraging workers to actively participate in safety initiatives by reporting hazards without fear of reprisal.

Implementing these measures and promoting a strong safety culture can significantly reduce the risk of falls at construction sites.

OSHA Regulations Concerning Fall Protection

The Occupational Safety and Health Administration (OSHA) has established stringent regulations to safeguard construction workers from fall hazards. Employers must comply with these standards to protect their workers and avoid legal and financial repercussions.

• Fall protection requirements: OSHA mandates fall protection systems whenever employees work six feet or more above a lower level. This includes the use of guardrails, safety nets, or personal fall arrest systems (such as harnesses) near unprotected edges, floor openings, roofs, and scaffolds.
• Detailed specifications: OSHA provides specific guidelines for fall protection systems. For instance, guardrails must meet height and strength requirements, and personal fall arrest systems must be properly fitted, regularly inspected, and used correctly. Employers are responsible for ensuring that workers are trained on the usage and limitations of these systems.
• Comprehensive fall protection programs: OSHA emphasizes the importance of implementing a holistic fall protection program. Such programs should include a thorough hazard assessment to identify potential fall risks, establish procedures for selecting and using the proper fall protection measures, and ensure ongoing site safety through regular inspections.
• Specific fall hazard areas: OSHA also requires fall protection measures in high-risk areas such as hoist zones, near floor holes, skylights, and around dangerous equipment. To prevent collapses, employers must ensure that walking and working surfaces are structurally sound.

Adhering to these regulations is critical for minimizing fall hazards and protecting workers. Compliance reduces the likelihood of serious injuries or fatalities and helps employers avoid costly penalties and legal liabilities. By actively following OSHA guidelines, construction companies can foster a safer, more productive work environment.

How to File a Compensation Claim After a Construction Accident

After experiencing a fall on a construction site, taking immediate steps to protect your health and your rights to compensation is crucial. Here’s a general outline of how to file a workers’ compensation claim:

Seek Medical Attention

First and foremost, injured workers should prioritize their health. Seek medical attention immediately, even if your injuries seem minor. A proper medical evaluation will document your injuries and provide necessary treatment.

Report the Incident

Report the fall to your supervisor, employer, or property owner as soon as possible. You have 30 days from the date of injury to report the work-related incident. Provide a detailed account of the incident, including the location, time, and circumstances of the fall. It’s essential to have a written record of the report.

Gather Information

Collect any evidence that may support your claim, such as:

• Photos or videos: Take pictures of the area where the fall occurred, including any hazardous conditions that may have contributed to the incident.
• Witness information: Obtain contact information from any witnesses who saw the fall.
• Medical records: Keep copies of all medical records related to your injuries.

Know Your Rights

Understand your state's workers’ compensation laws, including New York labor laws. In most construction accident cases, you are entitled to comp benefits regardless of who was at fault for the fall.

Consult an Attorney

Consider consulting with our experienced attorneys who focus on construction site accidents and labor law cases. An attorney can help you understand your legal options, navigate the claims process, and ensure you receive the maximum compensation you deserve.

File a Claim

Your attorney can help you file a claim with the appropriate workers’ comp insurance carrier. If you are pursuing a personal injury lawsuit, your attorney will file a complaint in court if necessary.

Remember that there are often strict deadlines for filing compensation claims, so acting promptly is essential. An attorney can help you meet these deadlines and protect your rights. You have to notify your employer within 30 days of the date of the injury. You also have to file a claim for comp benefits within 2 years of the date of the accident. But don’t wait that long. Contact us today to get the help you need.