Construction Site Slip and Falls

Construction site slip and falls can result in injuries both minor and serious. Those who are injured in a slip and fall can suffer serious harm including lacerations, bruising, fractures, and head trauma. These injuries can seriously impact the life of a construction worker, making it necessary to take time off work and incur numerous medical bills. If you were injured in a construction site slip and fall, you may be eligible for workers’ compensation benefits, and you may also have a viable personal injury claim against a third party. The seasoned Syracuse construction accident attorneys at DeFrancisco & Falgiatano can help you determine your legal options.

As a construction worker injured on the job in a slip and fall, you can obtain workers’ compensation benefits, including medical and disability benefits. Disability benefits are meant to replace some of the wages lost in a job-related accident. However, workers’ compensation benefits are less than the full amount of lost wages and do not compensate for noneconomic losses at all.

It may be appropriate to hold a contractor or property owner responsible for a construction slip and fall in a lawsuit. One of the most expansive New York laws that protects construction workers and permits them to sue for injuries is Labor Law 241(6). This law puts the responsibility for keeping a worksite safe on a general contractor and property owner. Under this law, you can sue a general contractor or property owner for noneconomic losses if there is a violation of a specific Industrial Code regulation that caused your injuries. All specific safety rules are supposed to be followed under section 23 of the Industrial Code, and you can sue the general contractor and property owner if there is a section 23 violation that causes injuries.

There are also multiple other rules that could apply to a slip and fall. Under Industrial Code rule 23-1.22(2), ramps that are used by people need to be a minimum of 18 inches wide and have planking that is a minimum of 2 inches thick, or else it must be made of metal that is of an equivalent strength. If the mandatory width and length of the ramp is not met, it puts workers at risk of slipping or falling off the ramp. If you suffered a slip and fall off a ramp that doesn’t meet the requirements, you may be able to sue under Labor Law 241(6).

If the slip and fall occurs off of an elevated area, you may be able to sue under New York Labor Law section 240(1) (the Scaffold Law). This law creates absolute liability for a property owner and general contractor where a construction worker suffers a gravity-related injury on the construction site. You do not need to establish negligence to recover damages under this law.

If you are not limited to workers’ compensation benefits and you are able to sue a third party to recover damages, you may be able to recover economic and noneconomic losses in the form of compensatory damages. Compensatory damages are meant to put you back in the position you would have been in had the accident not happened; they are not meant to punish, but are intended to make you “whole.” They can include amounts for medical bills, replacement services, out-of-pocket costs, lost wages, lost earning capacity, pain and suffering, mental anguish, loss of consortium and loss of enjoyment.

If you were injured or a loved one was killed in a construction site slip and fall in Syracuse, you should consult an experienced personal injury lawyer about what remedies might be available. The attorneys at DeFrancisco & Falgiatano represent construction accident victims and their families in Syracuse, as well as Rochester, Utica, Elmira, Lyons, Auburn, Canandaigua, Wampsville, Watertown, Cooperstown, Oswego, Oneida, Herkimer, Norwich, Lowville, Ithaca, and Binghamton. Please call us at 833-200-2000 or contact us via our online form.