Falls are the leading cause of death in the construction industry, and the Occupational Safety and Health Administration (OSHA) identifies them as part of the “Fatal Four” – the four most deadly hazards in construction.
Along with struck-by incidents, electrocutions, and caught-in/between accidents, falls from heights consistently account for about one-third of all construction fatalities nationwide. In New York, where high-rise construction is prevalent, these statistics are even more alarming.
Falls from scaffolding, ladders, rooftops, and building frameworks can have catastrophic consequences. According to OSHA, eliminating fall-related accidents alone could save hundreds of lives each year. In urban construction environments like New York City, where vertical building is the norm, the risk and frequency of these incidents increase dramatically. As such, preventing falls from any height is a matter of life and death for New York construction workers.
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Federal OSHA standards set a baseline for safety across construction sites nationwide, including in New York. Several of these rules specifically target the causes of slips, trips, and falls.
Yes. New York Labor Law § 241(6) provides protections for construction workers injured due to unsafe working conditions even at ground level. If a walkway was cluttered, wet, icy, or uneven, and those conditions violated provisions of the New York Industrial Code, the injured worker may have a valid claim for damages beyond workers’ compensation.
Yes. Immigration status does not bar a worker from recovering compensation for injuries under New York labor laws. Undocumented workers injured in construction-related falls can pursue third-party lawsuits under Labor Law § 240 or § 241(6), as well as workers' compensation benefits.
Potentially, yes. Site owners and contractors have a duty to address weather-related hazards such as snow and ice. If they failed to clear walkways, install slip-resistant surfaces, or provide alternate safe routes, they may be held liable. Proper documentation, such as photos and incident reports, is critical in these cases.
Yes. Under New York’s Scaffold Law and related labor laws, both the property owner and the general contractor can be held strictly liable for failing to provide a safe work environment. This dual responsibility ensures that the party most capable of enforcing safety is held accountable.
Not necessarily. If the equipment was defective, improperly anchored, or used in an unsafe environment, liability may still rest with the site owner or contractor. The presence of fall protection doesn’t absolve others of their legal duty to ensure it is functional and appropriately used.
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