Why do falls happen so often on construction sites?

Falls happen for many different reasons, and when they happen, you need to know what to do next.

You may have been working on an upper floor of a high-rise development in Manhattan or on the ground floor of a Jersey City office building, just as you have countless times before. But this time, your foot slips, and you fall.

At Hofmann & Schweitzer, our New York and New Jersey construction accident lawyers represent workers who have suffered devastating injuries from preventable falls. We know construction falls can cause severe physical trauma and financial stress, and we are here to help.

Common Causes of Construction Site Falls

According to the Bureau of Labor Statistics, falls are a leading cause of construction fatalities in New York City and New Jersey. But construction site falls don't just happen. They're typically the result of specific safety failures that could have been prevented with proper protocols and equipment.

Identifying these issues is the first step in preventing future accidents, and they may include:

Inadequate Safety Measures

Many construction falls occur because of specific safety failures that violate established regulations designed to protect workers, such as:

• Missing guardrails and safety nets. When working at heights, properly installed guardrails should provide protection at the edges of roofs, floors, and scaffolding. Their absence is not only dangerous but often violates OSHA regulations. Similarly, safety nets should be in place for high-rise construction to catch workers who fall. Without these basic protections, a momentary loss of balance can lead to catastrophic injuries.
• Improper scaffold construction. Scaffolding must be erected on solid footing, with proper bracing and secure planking. Many falls occur when scaffolds collapse due to poor assembly or when workers slip through gaps in the planking.
• Defective ladders and equipment. Construction sites often use equipment well past its prime. Ladders with broken rungs, wobbly supports, or missing safety features pose significant dangers. Equipment should be inspected before each use, but this crucial step is frequently skipped when projects are behind schedule.
• Lack of personal fall arrest systems. Harnesses, lanyards, and anchor points form a complete personal fall arrest system that can prevent workers from hitting the ground even if they slip. Many employers fail to provide these systems or don't train workers on their proper use despite regulatory requirements.

Unsafe Working Conditions

Physical site conditions may also contribute to serious fall incidents. The conditions may include:

• Slippery surfaces. Rain, snow, and ice create treacherous conditions on scaffolding, ladders, and elevated platforms. Even morning dew can make metal surfaces dangerously slick. Additionally, spilled materials like oil, paint, or other construction fluids create unexpected slip hazards that workers may overlook until it's too late.
• Cluttered work areas. Construction debris, tools, materials, and extension cords scattered across walking surfaces create tripping hazards that can send workers tumbling, especially when carrying heavy materials obstructing their view of the ground ahead.
• Uneven ground and unexpected elevation changes. Workers moving between different areas may not notice minor height differences, holes, or unstable soil.
• Distracted workers. The construction environment demands constant communication, but conversations, phone use, or other distractions can prevent workers from noticing hazards. The pressure to maintain productivity often leads workers to multitask in ways that compromise safety awareness.

Inadequate Training and Supervision

Workers need proper training to recognize fall hazards and use protective equipment correctly. Some construction companies, particularly smaller subcontractors, provide little training. Without knowledgeable supervision to enforce safety rules, dangerous practices often become normalized on job sites.

New York and New Jersey Construction Safety Laws

New York and New Jersey have established specific legal protections for construction workers that go beyond standard workers' compensation systems. These laws recognize the dangerous nature of construction work and place additional responsibilities on property owners and contractors.

New York Labor Law Protections

New York's "Scaffold Law" (Labor Law §240) provides exceptional protection for workers injured in falls from heights. This law places absolute liability on property owners and general contractors for gravity-related injuries when proper safety equipment isn't provided. Unlike standard negligence cases, workers don't need to prove the employer was careless.

Additionally, 12 NYCRR Section 23 includes detailed safety requirements for ladders, scaffolds, and fall protection, including but not limited to:

• Safety railings. 12 NYCRR Section 23-1.15 requires safety railings of specific dimensions.
• Safety belts, harnesses, tail lines, and lifelines. 12 NYCRR Section 23-1.16 requires these safety devices when required by regulation or an employer.
• Ladders and ladderways. 12 NYCRR Section 23-1.21 requires that ladders meet specific strength, maintenance, replacement, use, and other standards to prevent falls.
• Work on roofs. 12 NYCRR Section 23-1.24 requires specific safety measures to prevent falls from roofs.
• Stairway requirements during building construction. 12 NYCRR Section 23-2.7 requires that stairways be erected according to specific safety requirements during construction to prevent falls.

Under these laws, injured workers often have claims beyond workers' compensation, potentially recovering damages for pain and suffering, full lost wages, and other losses not covered by workers' comp benefits.

New Jersey Construction Safety Regulations

New Jersey follows the standard workers' compensation system but allows third-party claims against entities other than the direct employer. For example, if a subcontractor's employee falls because of unsafe conditions created by the general contractor, that employee may have a claim against the general contractor.

The New Jersey Construction Safety Act establishes specific requirements for construction site safety, including fall protection standards. Violations of these standards can help establish negligence in third-party lawsuits.

New Jersey courts have established that property owners and general contractors have a non-delegable duty to maintain a safe workplace, meaning they cannot avoid liability by claiming safety was someone else's responsibility. This legal principle helps protect workers when multiple entities try to shift blame after a serious accident.

Steps to Take After a Construction Fall Accident

Prompt action can protect your health and legal rights if you've fallen on a construction site. The moments and days following an accident are critical for establishing what happened and who bears responsibility. Accordingly, it’s essential to take the following steps:

• Seek immediate medical attention. Even if you think your injuries are minor, some conditions, like internal bleeding or brain injuries, may not show immediate symptoms. Having medical documentation from the day of the accident establishes a clear connection between the fall and your injuries.
• Report the accident to your supervisor. Make sure your employer documents the incident formally. Request a copy of this report for your records and note any witnesses who saw what happened. If your employer refuses to document the accident, send them an email or text message describing what occurred to create your own record.
• Document the accident scene. If possible, take photos of the area where you fell, including any missing safety equipment, wet surfaces, or other hazards that contributed to your fall. These visual records often disappear quickly as work continues, so preserving evidence early is crucial.
• Preserve your equipment. Don't discard or repair any equipment involved in your fall, such as a harness, ladder, or scaffold components. These items may be important evidence of what went wrong and who bears responsibility.
• Consult with a construction accident attorney. An experienced New Jersey or New York construction fall injury lawyer can advise you, protect your rights, and fight for fair compensation.

Construction falls often result in serious injuries requiring extensive recovery time. Building a strong legal case early can help ensure you have the financial resources needed throughout your recovery process.