His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.
Stairway Accidents on New York Construction Sites
Understanding Stairway Accidents
Construction sites in New York usually involve vertical movement across multiple floors of a building under construction, requiring various types of stairways. Each presents unique hazards to workers, particularly when not built, maintained, or used properly.
- Temporary Stairways: These are generally built from wood or metal and are intended for short-term use. Their structural integrity may degrade quickly if exposed to weather, debris, or overuse.
- Permanent Stairways: Typically made of concrete or steel, permanent stairways are more stable but may be slippery, incomplete, or used before safety features like railings are installed.
- Stair Towers and Scaffold Access Stairs: Common on large-scale sites, these are built into scaffolding systems and can be narrow or poorly lit, creating trip and fall hazards.
- Fixed Ladders and Alternating Tread Devices: While not traditional stairways, these are sometimes used for vertical access and require specific safety protocols.
Causes of Stairway Accidents on NY Construction Sites
Construction site stairways are temporary, high-traffic areas that pose a significant danger when not properly built, maintained, or used. Several critical hazards can result in serious or even fatal stairway accidents for New York construction workers:
Missing or Defective Handrails
Handrails provide vital support and balance for workers navigating stairways, especially when carrying tools or materials. A missing handrail or one that is loose, improperly fastened, or set at the wrong height can prevent a worker from recovering balance during a misstep, significantly increasing fall risk. Temporary stairways are especially prone to having inadequate or non-code-compliant handrails.
Uneven Steps and Improper Height/Tread Depth
Consistency in stair step dimensions is essential for safe movement. When the height (riser) or depth (tread) of stair steps is irregular, even a seasoned worker may trip. The brain expects uniformity in stairs, and even minor variations can cause missteps, slips, or falls, especially dangerous when a worker is distracted or carrying equipment.
Debris and Obstructions
Construction debris, tools, and materials left on stairways create trip hazards. Workers navigating tight stairways may not have sufficient clearance to avoid these obstructions. Slipping on spilled liquids, tripping over electrical cords, or stumbling over scattered nails or boards can result in severe falls, particularly when descending.
Poor Lighting
Visibility is required on stairways, especially in enclosed structures, during early or late shifts, or during inclement weather. Inadequate lighting can obscure damaged steps, hidden debris, or sudden changes in stair elevation. A worker might not even notice a missing step until it's too late.
Structural Failures
Temporary stairways not built to code or subjected to heavy use without reinforcement can collapse, shift, or become unstable. Structural degradation due to water exposure, poor materials, or improper anchoring puts workers at extreme risk of catastrophic injury.
Improper Use of Stairs
Rushing, multitasking, carrying large loads that obstruct vision, or using mobile phones while on stairs compromises safety. Such behaviors, though common under jobsite pressure, heighten the likelihood of missteps or falls. Proper training and enforcement of safety policies are essential to prevent such accidents.
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OSHA Regulations to Prevent Stairway Accidents and Injuries for Construction Workers
Stairways on New York construction sites are subject to strict Occupational Safety and Health Administration (OSHA) regulations, particularly under 29 CFR 1926 Subpart X, which governs stairways and ladders. These federal safety standards are legally binding on all employers and contractors operating construction sites in New York and are designed to minimize the risk of serious injuries or fatalities related to stairway usage.
Stairway Dimensions
To prevent missteps and tripping, OSHA mandates that stairs have uniform riser heights and tread depths. Each riser height must not exceed 9.5 inches, and variation between risers or treads in a stairway must not exceed 0.25 inches. Irregularities in step measurements are a common cause of falls and are considered a serious violation.
Handrails and Guardrails
All stairways with four or more risers or rising more than 30 inches vertically must have at least one handrail and one stair rail system on each unprotected side. OSHA specifies that handrails must be between 30 and 37 inches in height and be able to withstand a force of at least 200 pounds applied in any direction.
Maintenance and Housekeeping
OSHA requires that stairways be kept clear of hazardous obstructions, such as tools, debris, and slippery substances. Employers must implement and enforce housekeeping protocols to prevent accumulation of tripping hazards, particularly on temporary stairways.
Stairway Load Capacity
Temporary stairways must be capable of supporting at least five times the normal anticipated live load, including both workers and materials. Failure to comply may result in structural collapse, leading to catastrophic injuries.
Lighting Requirements
Proper illumination must be provided for all stairways used during night shifts, early morning hours, or inside partially enclosed structures. Inadequate lighting increases the likelihood of falls and constitutes a preventable safety violation under OSHA standards.
Frequently Asked Questions
Can I File a Lawsuit If I Was Injured on Temporary Stairs at a New York Construction Site?
Yes. New York Labor Law Sections 240(1) and 241(6) provide legal avenues for injured construction workers to pursue compensation if they were harmed due to unsafe or improperly constructed temporary stairways. Under Section 241(6), you may sue the general contractor or property owner if a violation of New York’s Industrial Code, such as Code Rule 23-1.7(f) (pertaining to stairways and ramps), contributed to your injury.
What If I Fell Because of a Missing Handrail or Uneven Stair Treads?
You may still have a valid claim even if the condition seems minor. OSHA and the New York Industrial Code require stairways to meet precise safety standards. If your fall resulted from missing handrails, uneven steps, or non-uniform risers and treads, your attorney can use these violations to establish liability. A common defense is that the worker was careless, but a skilled attorney can counter that by showing failure to follow statutory safety obligations.
Can I Recover Compensation If I Was Partially at Fault?
Yes. New York follows a pure comparative negligence rule. This means that even if you were partially responsible for your fall (such as for carrying tools while using stairs or failing to look down), you may still recover damages. Your compensation will simply be reduced by your percentage of fault as determined by a judge or jury.
Are Independent Contractors Eligible to File a Claim?
Possibly. While employees are clearly protected under Labor Law 240 and 241, independent contractors may also have valid claims under general negligence, premises liability, or third-party liability theories. It’s critical to have an attorney investigate the job hierarchy, control over work conditions, and the relationship between the parties.
What Damages Can I Recover for My Stairway Accident Injury?
Construction workers who suffer stairway accident injuries may be entitled to economic and non-economic damages. This includes compensation for medical expenses, lost income, future reduced earning capacity, and pain and suffering. In cases of permanent disability or disfigurement, lifetime care costs and vocational rehabilitation may also be recovered.
How Soon Should I Speak With an Attorney?
You should get legal representation as soon as possible. Critical evidence like stairway photographs, jobsite reports, and witness statements can disappear quickly. A prompt investigation by an experienced NYC construction accident attorney will ensure your rights are protected from the outset.
Our NY Construction Accident Lawyer Michael S. Lamonsoff “The Bull” Will Fight to Maximize Your Compensation
At the Law Offices of Michael S. Lamonsoff, PLLC, our approach to construction accident cases is aggressive, strategic, and trial-ready from day one. Michael S. Lamonsoff, “The Bull,” leaves no stone unturned in fighting for injured construction workers.
- Immediate Site Investigation: Our team collects physical evidence, photographs, witness statements, and incident reports before the site changes or debris is cleared.
- Detailed Injury Documentation: We may work with top-tier medical experts to document your spinal, orthopedic, neurological, or internal injuries thoroughly.
- Litigation Preparedness: Every case is prepared as if it will go to trial. This keeps pressure on the insurance companies and defense attorneys.
- Leveraging NY Labor Law: We invoke Labor Law 240 and 241(6) to pursue strict liability claims against general contractors and property owners.
- Maximizing Damages: We may seek compensation not just for medical costs and lost income but also for pain and suffering, future care, and loss of enjoyment of life.
- No Fee Unless We Win: Our legal services are provided on a contingency fee basis — you pay nothing unless we achieve a financial settlement or jury verdict in your favor.
If you or a loved one has suffered a serious injury in a stairway accident on a New York construction site, reach out to us today. Attorney Michael S. Lamonsoff “The Bull” and his dedicated legal team are battle-tested and ready to help you get the justice and compensation you need.
To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.
Member of:
- Board of Directors of NY State Trial Lawyers Association
- American Association for Justice
- NY County Lawyers Association
Educated at:
- University of Arizona
- Benjamin N. Cordozo School of Law
- Double post-masters degrees in psychology at Columbia University
Awards:
- 6X Super Lawyers Panel
- Million Dollar and Multi Million Dollar Advocates Forum
