The Most Common OSHA Construction Accidents

Feb 09, 2022

severity of injuries suffered in a New York City construction accident can range from minor to fatal. The Occupational Health and Safety Administration (OSHA) was established for purpose of implementing and enforcing guidelines, regulations, and standards for working conditions, including those in the construction industry.

If you were injured in a construction-related accident, contact Levitsky Law Firm today, and start your recovery today.

Why Construction Hazards Often Overlap

A serious job-site incident may involve more than one safety failure. A worker can fall because a scaffold lacks proper guardrails, but poor training, defective equipment, or inadequate supervision may have contributed as well. The same is true when materials fall from above or machinery strikes someone working nearby.

OSHA identifies falls, struck-by incidents, electrocutions, and caught-in or caught-between events as major construction hazards. Examining how the work was planned and supervised can reveal whether multiple conditions combined to cause the injury. This broader review may also identify parties beyond the worker’s direct employer.

Common Causes of Construction Accidents in New York City

OSHA also maintains data on the types of accidents that occur on construction projects. As per our New York City construction accident lawyer, here is a list of the most common causes of those accidents:

  • Falls. These include construction workers who fall because of unprotected sides or holes, falling from ladders, roofs and scaffolding.

  • Being struck by an object. Swinging, falling or misplaced objects or materials get hit or kicked and fall. Being struck by an object also contemplates being hit by a vehicle.

  • Electrocution. Most electrocution accidents on construction sites involve contacting overhead power lines, energized conductors or electrical and equipment panels.

  • Slip-and-falls and trip-and-falls. Walking surfaces on construction sites are commonly wet or oily, causing workers to slip. They might also trip over tools or materials that have been left on walking surfaces.

  • Failure to use or wear proper protection. Such accidents typically involve the failure to wear a hardhat, eye or face protection.

  • Getting caught between two objects: The most common of these accidents involve trench or excavation collapses, wall collapses or demolition accidents.

Steps to Take After a Construction Accident

Medical care should come first, even when an injury initially seems manageable. Some head, back, and internal injuries may not produce immediate symptoms. A medical record can document the condition, recommended treatment, and connection between the injury and the workplace incident.

The worker should report the accident to a supervisor and provide written notice to the employer. In New York, an injured employee generally must notify the employer within 30 days to preserve access to workers’ compensation benefits. The claim itself should also be filed with the Workers’ Compensation Board within the applicable period.

When possible, the worker or a trusted person should photograph the accident area, tools, equipment, warning signs, and visible injuries. Names and contact information for coworkers or other witnesses may also be valuable. Clothing, damaged safety equipment, and related communications should be retained rather than repaired or discarded.

Workers’ Compensation and Other Potential Claims

Workers’ compensation may provide medical benefits and partial wage replacement without requiring the employee to prove that the employer caused the accident. These benefits can be important, but they may not account for every loss associated with a serious injury.

A separate personal injury claim may be possible when someone other than the employer contributed to the accident. Depending on the facts, potentially responsible parties may include property owners, general contractors, subcontractors, equipment manufacturers, maintenance providers, or delivery companies. A worker may sometimes pursue this type of claim while also receiving workers’ compensation benefits.

Third-party claims require proof concerning responsibility and damages. Contracts, site ownership records, equipment maintenance documents, safety plans, and testimony about who directed the work may help determine which parties controlled the hazardous condition. The relationship between the companies on the project should not be assumed from uniforms, vehicles, or job titles alone.

Evidence Can Disappear Quickly

Construction sites change from one day to the next. Equipment may be moved, debris cleared, scaffolding altered, or contractors sent to another project. Video recordings may also be overwritten if they are not requested and preserved.

An early investigation can help locate inspection reports, incident records, training materials, photographs, witness accounts, and contracts. It may also establish whether prior complaints or safety violations involved the same condition. A Brooklyn construction accident lawyer can evaluate this evidence and determine whether workers’ compensation, a third-party lawsuit, or both may apply.

The legal review should also consider the full effect of the injury. Medical costs and missed wages may be only part of the loss when a worker requires surgery, rehabilitation, vocational changes, or ongoing assistance. Future treatment needs and reduced earning ability should be evaluated before a claim is resolved.

Seek Compensation After a Construction Accident 

If you were injured in a construction accident in New York City, or you lost a family  member in such an accident, contact the NY construction injury attorneys at the Levitsky Law Firm as soon as possible. We’ll arrange for a free consultation and case review. We promise to answer your questions and give you all appropriate information on your full range of legal options. Of course, if we’re retained to represent you, our objective will be to obtain the highest possible settlement or award for you. Contact the Levitsky Law Firm after being seriously injured in any New York construction accident.