As per the Occupational Safety and Health Administration (OSHA), there are thousands of work-related injuries or deaths each year taking place on construction sites. The majority of these incidents occur due to four main causes, which are commonly referred to as the “fatal four.”
The “Fatal Four” Accidents Defined
In the event of an injury relating to one of the “fatal four” construction site accidents, a personal injury claim can be brought against a third-party, such as a subcontractor, general contractor, property owner, and even an engineer or architect. The "fatal four" consist of:
Falls
Falls—the most common accident—such as a worker falling from a ladder or scaffold
Electrocutions
Which are commonly seen in instances where a worker comes into contact with an overhead power line or a live wire.
Struck By Objects
Being struck by an object, such as construction materials or debris being dropped from a height and striking a worker as a result of not properly using a debris net.
Caught-In/Caught-Between
A “caught” or “in-between” injury, such as a worker becoming caught/trapped between two objects or a cave-in.
Labor Laws Explained
For victims of one of the “fatal four” accidents, there are a number of powerful labor laws that were enacted by the New York State Legislature to ensure that victims of construction site accidents are protected. In New York State, the three most common Labor Law provisions that help to protect construction site workers from the “fatal four” accidents are New York Labor Law §240, New York Labor Law §241 (6), and New York Labor Law §200.
Labor Law §240
Under New York Labor Law §240, which is commonly referred to as “scaffold law”, protection is extended to workers who were the victims of an injury sustained while falling from any sort of height or as a result of being struck by a falling object. Whether it be falling from a ladder, having a scaffold collapse, etc. or being struck by a falling object such as construction materials or debris, property owners and contractors have a duty to protect their workers from these “gravity-related” accidents. If you fall or are struck by a falling object at a construction site and are seriously injured, you have a right to hold the responsible party accountable.
Labor Law §241 (6)
Under New York Labor Law §241 (6), there is a duty imposed on property owners, contractors, architects, and even manufacturers of equipment that all provisions of the New York State Industrial Code are being complied with. Specifically, Rule 23 of the New York State Industrial Code is a section that is commonly violated by these parties, which pertains to such matters as slip/trip and fall accidents, PPE, drinking water and sanitation, lumber, nail fastening, tools, explosives, cranes, power-operated equipment, improper use of chemicals, and structural steel assembly. For example, if an electrician was struck by a live wire in the eye, the electrician could hold a party accountable for not providing him with protective eye equipment.
Labor Law §200
Under New York Labor Law §200, property owners and contractors have an obligation to ensure that reasonable steps have been taken to protect workers and provide them with a safe working environment. The provision requires all worksites to be maintained and operated in a way that provides adequate protection and safety to all workers.
Over 500 Million in Verdicts & Settlements for Our Clients
Nothing is more important than results. We measure ourselves by what we are able to achieve for our clients. Our mission is to put money into your pocket. Our New York City accident attorneys have won more than $500 million in settlements and trial verdicts for injured victims. We will not stop fighting until you and your family get every penny you rightfully deserve.
$6,500,000 Settlement in a Construction Accident Case
$5,500,000 Verdict Awarded in a Construction Accident Case
$4,750,000 Awarded to an Injured Construction Worker
$4,100,000 Settlement in a Construction Accident Case
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If you or your loved ones were the victim of a “fatal four” accident, it is imperative that you act quickly and contact the Law Offices of Michael S. Lamonsoff. Remember, we do not charge an hourly rate for our services, and the only time we receive any sort of payment is if we win your case. We even offer free case evaluations. If we are not able to make a recovery, then you do not owe us anything; it’s as simple as that.