Construction Accident – Slip and Fall

According to the United States Department of Labor statistics, out of 4,779 worker deaths in the private industry in 2018, 1,008 or 21.1% were in the construction industry — that is, one in five worker deaths in 2018 happened in the construction industry. Dubbed the“fatal four,” the four main causes of worker deaths (excluding highway collisions) in the construction industry were falls, or slip and fall,  followed by being struck by an object, electrocution, and caught-in/between. The “Fatal Four” were responsible for more than half (58.6%) the construction worker deaths in 2018.

When we reference “falls” within the construction industry we ordinarily think of a construction worker falling from a height, falling off of a scaffold, falling through a hole or open area and suffering serious and catastrophic injuries including spinal cord injuries, traumatic brain injuries, fractures and even death as mentioned above. Those types of falls make up a large majority of the reported falls on construction sites but there is also the “slip and fall” that occurs on a job site that leads to the same serious personal injury.

If you’ve been injured due to a slip and fall while working at a construction site, workers compensation is likely NOT YOUR ONLY OPTION. Yes workers compensation will cover your medical treatment and your lost wages but you may be entitled to bring an action for personal injury and compensation against the owner and general contractor of the job site because of the dangerous and unsafe condition of the construction site that caused your injury. You should talk to an experienced construction accident attorney at the Law Offices of Darren T Moore PC who can guide and advise you as to whether you have a valid personal injury claim.

At the Law Offices of Darren T Moore PC, our construction accident attorney’s will evaluate the facts surrounding your accident and can guide and potentially fight for full and fair compensation for your injuries which may include not only past pain and suffering, lost wages and medical but also the future pain and suffering, future loss of earnings and future medical costs.

Labor Law 241(6)

ALL CONTRACTORS AND OWNERS AND THEIR AGENTS, EXCEPT THE OWNERS OF ONE AND TWO FAMILY DWELLINGS WHO CONTRACT FOR BUT DO NOT DIRECT OR CONTROL THE WORK, WHEN CONSTRUCTING OR DEMLISHING BUILDINGS OR DOING ANY EXCAVATING IN CONNECTION THEREWITH SHALL COMPLY WITH THE RULES AND REQUIREMENTS OF THE INDUSTRIAL CODE – Part 23 of Title 12 of the NEW YORK CODES, RULES AND REGULATIONS (NYCRR).

Part 23 deals with an array of different construction activities and situations and this article will focus on § 23-1.7 (d) which focuses on Protection from Slipping Hazards:

The section states:

“Employers shall not suffer or permit any employee to use a floor, passageway, walkway, scaffold, platform or other elevated working surface which is in a slippery condition. Ice, snow, water, grease and any other foreign substance which may cause slippery footing shall be removed, sanded or covered to provide safe footing.”

As can be seen from a simple reading of the text of the statute above, this statute protects construction workers using any floor, passageway, walkway, scaffold, platform or any other elevated working surface which is in a slippery condition. By slippery, the section refers to areas that are wet and slippery because of ice, snow, water, grease or any other foreign substance which is a catch all phrase to encompass any other wet substance that could present a dangerous condition for construction workers. As this section obviously provides protection to construction workers on construction sites, if you have been injured on the job because of a slippery condition it is important to speak to an experienced New York construction accident attorney at the Law Offices of Darren T Moore PC to evaluate if you have a potential claim for personal injury.

This list is not exhaustive but common areas that slip and fall accident’s occur on a construction site are:

• Work area
• Staircase
• Lobby
• Walkway between two work areas
• Sidewalk
• Scaffold
• Ladder
• Hallway
• Vestibule
• Shanty
• Common areas

It’s important that you discuss your accident with an experienced construction accident attorney because, although the law provides great protection to the construction worker, certain locations and certain wet surfaces may not automatically impose liability upon an owner or general contractor and you need a construction accident attorney who will conduct an in depth investigation to identify if they liable and responsible for your injuries.

What to do if you have slipped and fallen on a construction site?

• Seek medical attention immediately.
• DO NOT be forced by any person, supervisor or other person to tell medical professionals at the scene, the EMS or the ER that your accident happened any other way than the way in which it occurred. Often, unbeknownst to you, your boss, supervisor, foreman may tell you that it’s in your interest to say that the accident happened in a different way or even at a different location. This is a sneaky and selfish way for them to possibly avoid liability and harm any genuine claim for injury that you may have.

After that, there are important steps to take in order to protect yourself and any future claim you may bring. You should:

• Report your accident to a foreman or supervisor or site safety person
• Take photos and videos of the area and condition that caused your accident, or ask someone to take pictures or videos for you if you are unable to due to injuries
• Gather contact information of any witnesses, including names and contact details
• Request that your employer alert workers compensation of your accident

As soon as practical, you should consult a construction accident attorney to protect your rights. If you have sustained an injury at work on a construction site in New York, an attorney can file a claim on your behalf for you to receive workers’ compensation benefits. Workers’ compensation benefits will cover your medical treatment as a result of the injuries suffered along with paying your lost wages up to a maximum of $934.11 per week.

What can I claim if I have a case for injury that occurred on a construction site?

• Money damages for Pain and suffering both past and future
• Loss of earnings
• Loss of future earnings which can include annuity, pension, insurance and union benefits
• Past medical expenses
• Future medical expenses for treatment, assistance and procedures that you’re are likely to require

At The Law Offices Of Darren T. Moore PC, our construction accident attorneys will work tirelessly to ensure you receive the compensation you deserve following a construction accident. Our construction accident attorneys have extensive knowledge of both New York labor laws and regulations established by the Occupational Safety and Health Administration (OSHA) and the New York Industrial Code including Section 241(6) as referenced above. Call us now at (917) 809-7014 for a FREE CONSULTATION and remember WE ONLY RECOVER IF YOU RECOVER. Our goal is “MOOREJUSTICE” for each and every client.