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What Are the Most Common Construction Site Injuries?

Construction is one of the most dangerous industries in the country. Whether it’s a multi-story residential project in Manhattan or a road construction crew on Long Island, when something goes wrong, the consequences can be disastrous.

Our New York construction accident attorneys explain the most common injuries and the legal options available to injured workers below.

What Are the Most Common Hazards on a Construction Site?

Construction sites involve an almost constant mix of heavy equipment and workers from multiple trades working together in close proximity, so the risk of injury is pretty much built into the environment. Some of the most common sources of injury include:

Falls from Height

Falls are consistently the leading cause of serious construction injuries and fatalities, since workers can fall from scaffolding, ladders, roofs, or open floor edges, especially when fall protection is missing or poorly installed.

Struck-By Accidents

Another major hazard is being struck by something on the job site, whether it’s falling tools and materials or swinging crane loads. On a busy site, even an object dropped from a relatively short height can still cause head, neck, or spinal trauma.

Caught-In and Caught-Between Accidents

Workers are also vulnerable to caught-in or caught-between accidents, which can happen when someone is pulled into machinery or pinned between heavy equipment and a fixed surface. These types of accidents are usually the most devastating.

Electrocution

Contact with live wires, overhead power lines, or improperly grounded equipment could cause serious injury or even death in a matter of seconds, especially during the state of construction when permanent electrical systems aren’t in place yet.

Overexertion and Repetitive Stress

At the same time, not every construction injury is the result of a dramatic accident. Some workers end up with back injuries from lifting or repetitive stress injuries from using vibrating tools day after day. These injuries may develop more gradually, but they can still be just as career-altering as a single traumatic event.

Toxic Exposure

Older buildings that are being renovated sometimes contain asbestos, lead paint, or silica dust. Exposure to each of these materials over time, or in a single high-concentration incident, could cause respiratory illness or potential organ damage.

What Is The Most Common Type of Construction Accident in New York?

Falls are by far the most common and deadly. The Occupational Safety and Health Administration's (OSHA) “Fatal Four” list includes falls, struck-by incidents, electrocutions, and caught-in/between accidents. All of these account for a disproportionate share of construction fatalities nationally, and falls alone make up nearly 40% of construction worker deaths in a given year.

In New York specifically, falls carry additional legal weight because of the state’s Scaffold Law.

What Is New York’s Scaffold Law?

New York Labor Law Section 240, also called the Scaffold Law, imposes absolute liability on property owners and general contractors for certain gravity-related injuries that happen on construction sites. That means if a worker is injured in a fall or injured by a falling object the owner and general contractor can be held liable regardless of whether they were directly at fault, as long as the accident falls within the scope of the law.

Who Can Be Held Liable for a Construction Site Accident?

New York Labor Law creates liability at multiple levels of the construction chain, not just the employer level. For example:

Property owners can be held liable under Sections 240 and 241 of New York Labor Law for failure to maintain safe conditions, even if they weren’t directly involved in the day-to-day operation of the site.
General contractors also have a pretty broad responsibility in terms of site safety and could be held accountable for the conditions they create or allow to persist.
Subcontractors and equipment manufacturers may be liable if a specific piece of equipment fails or if their workers created a hazardous condition that injured someone else on the site.

How Does Workers’ Compensation Fit Into the Equation?

Workers’ compensation is usually the path people think to take because it covers medical expenses and a portion of lost wages, and it doesn’t require proving anyone in particular was at fault. That said, the tradeoff is that it doesn’t cover pain and suffering. Plus, the wage replacement is capped.

If a third party’s negligence could have contributed to the injury, you can actually file a personal injury lawsuit alongside your workers’ comp claim in an attempt to recover what the latter doesn’t cover, which in some serious cases, can be quite substantial.

Can Undocumented Workers File a Claim?

Yes. Under New York law, Immigration status doesn’t affect a worker’s right to file a workers’ compensation claim or bring a personal injury claim for a construction site accident. u as any other worker.

If someone tells you otherwise, that’s worth discussing with an attorney.

How Long Do You Have to File a Construction Accident Lawsuit in New York?

New York gives you three years from the date of the incident for most personal injury claims. However, if a government entity is involved, whether it’s a public works project or an accident on city property, you’ll also need to file a Notice of Claim within 90 days of the incident. In these cases, the statute of limitations also drops to one year and 90 days.

If you’re considering filing a workers’ compensation claim, you’ll need to have reported your injuries to your employer within 30 days, and the formal claim should be filed within two years.

Construction Site Injury FAQs

Can I Sue Even If It Was Partly at Fault?

What If My Employer Pressures Me Not to File a Claim?

Key Takeaways

Falls, struck-by incidents, electrocutions, and caught-in/between accidents are among the most common causes of serious construction site injuries.

In New York, injured workers may have options besides workers’ compensation, including personal injury claims against property owners, general contractors, subcontractors, or equipment manufacturers.

It’s important to report injuries quickly and speak with an attorney as soon as possible because deadlines can be short.

Wondering If You Have a Case? Call for a FREE Consultation Today!

If you or someone you know was seriously injured on a construction site in New York, our team can help you understand what your options are. Field Law Group represents injured workers throughout New York City and the surrounding areas. We also work on a contingency fee basis, which means there are never any upfront costs; we don’t get anything unless we recover compensation for you.

Ready to get started? Give us a call at 212-739-7278 or contact us online to schedule your FREE, no-obligation consultation today.

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