Slip and Fall Accidents on Construction Sites
A slip and fall accident at a construction site can result in devastating consequences. When such an accident occurs, both visitors and workers at the site have legal protections. New York has enacted special laws to give construction workers recourse in case they’re injured in certain types of construction accidents. Persons injured in slip and fall accidents on construction sites should discuss their situation with seasoned White Plains construction accident attorney Mark A. Siesel.Slip and Fall Accidents on Construction Sites
Slip and fall accidents result from ice or snow around a business, inadequate lighting, spilled liquid or water, uneven surfaces, broken sidewalks, broken steps, or the failure to post warning signs. Property owners need to maintain their premises in a reasonably safe condition for visitors. Visitors may be able to recover damages if they were injured in slip and fall accidents on construction sites as a result of dangerous conditions that the property owner knew or should have known about. While injured workers are usually limited to filing workers’ compensation claims after a workplace accident, an experienced lawyer can determine whether the special protections to construction workers under Labor Laws 200, 240, and 241(6) apply in their situations.Labor Law Section 200
Labor Law Section 200 codifies the negligence principles that allow injured workers at certain types of construction projects to recover their losses from property owners and contractors. All places on construction sites are supposed to be conducted, operated, arranged, equipped, or constructed in order to provide reasonable and adequate protection to workers’ safety, health and lives. A property owner or contractor may be at fault when they create or possess actual or constructive notice of a dangerous condition that produced the accident. For example, if a property owner stacks pipes in a walkway and an electrical subcontractor passing through slips on the pipes and fractures both ankles, the electrical subcontractor may have a claim under Labor Law Section 200.Labor Law Section 240
Known as the Scaffold Law, New York Labor Law Section 240 provides significant protection to workers from gravity-related injuries by imposing absolute liability on owners, contractors and their agents. Under this law, owners, contractors and their agents have a nondelegable duty to protect workers. This means even if another trade created the danger that caused you to slip and fall and sustain injuries because you were working at heights, you can recover from the property owner and general contractor. Suppose, for instance, that a framer slipped and fell to the ground from scaffolding on the second story of an apartment complex because an employee of the painting subcontractor left wet paint on the scaffold. Under Labor Law Section 240, the framer may hold the contractor and property owner accountable for the broken back and resulting paralysis suffered in this gravity-related accident.Labor Law Section 241
Depending on the circumstances, workers injured in slip and fall accidents on construction sites may also be able to seek damages for injuries under Labor Law Section 241(6). This law requires owners and generation contractors to provide adequate, reasonable protection to workers when excavation, construction or demolition work is being performed. In order to recover under this section, you’ll need to demonstrate there was a violation of the New York State Industrial Code Rule 23, which includes detailed safety standards for a wide range of conditions.
There are several sections of Rule 23 that may apply to a construction site slip and fall. For example, under §23-1.30, illumination that is sufficient for safe working conditions shall be given whenever people are required to work or pass in excavation, demolition, or construction operations. The illumination should never be less than ten-foot candles in any area where people are required work, nor less than five-foot candles in any landing, stairway, passageway, or similar area where people are required to pass. If a worker fell on a patch of slippery liquid in a poorly illuminated passageway at a demolition site at night, the injured worker may be able to recover damages under Labor Law Section 241(6).Consult a Seasoned White Plains Attorney About Your Accident
If you were injured in a slip and fall accident on a construction site in White Plains or its surrounding areas, you should discuss your options with seasoned lawyer Mark A. Siesel. You may have recourse under Section 200, 240 or 241(6). Our firm represents construction workers in Queens, the Bronx, and Brooklyn, as well as Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, and Ulster Counties. Contact us at (914) 428-7386 or complete our online form.