Construction Slip and Fall Accidents in New York

Slips, trips, and falls are a leading cause of serious injuries on construction sites. Under New York law, injured construction workers are typically barred from suing their employers. They must pursue benefits through the workers’ compensation system, which provides coverage for medical expenses and a portion of lost wages during recovery. However, when a third party—such as a subcontractor, property owner, or equipment manufacturer—contributes to or causes the accident through negligence, the injured worker may be entitled to file a separate personal injury lawsuit. A third-party claim can provide broader compensation, including full wage loss, pain and suffering, and future medical costs.

A personal injury lawyer who understands New York’s complex labor laws can help you explore all avenues of compensation and fight to maximize your total financial recovery after a serious construction accident in New York. Friedman, Levy, Goldfarb, Green & Bagley, P.C. is a trusted legal ally for injured construction workers in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and the NYC metropolitan area. Schedule a free consultation today.

How a Construction Slip and Fall Lawyer Can Help Your Case

When you sustain a serious injury in a New York construction accident due to another party’s negligence, the outcome of your case depends heavily on the experience and diligence of your legal representation.

A skilled attorney will conduct a thorough investigation into the cause of the accident, which may involve securing and documenting the accident scene, interviewing witnesses, collecting physical and photographic evidence, reviewing medical and employment records, and determining whether any violations of the Occupational and Safety and Health Administration (OSHA) or state safety regulations occurred.

Following this investigation, your attorney will assess whether any third parties—such as contractors, property owners, or equipment manufacturers—may be legally responsible for your injuries. If so, they will file all relevant claims with the appropriate insurance carriers and enter negotiations to pursue a settlement that accurately reflects the severity of your injuries, your long-term prognosis, and the overall impact on your livelihood.

An experienced construction accident lawyer will also advocate aggressively to ensure your rights are protected and that you receive the full compensation you are entitled to under the law.

Who Can Be Liable for a Construction Slip and Fall Accident?

Workers’ compensation laws were established to create a no-fault system in which injured employees receive benefits without the need to sue their employer. In exchange, employers are typically shielded from personal injury lawsuits brought by their workers.

However, under New York Labor Law Sections 200, 240(1), and 241(6), property owners and general contractors can be held directly liable for construction-related accidents, especially falls from heights, scaffolding, ladders, or safety violations. Therefore, liability would fall under a third-party claim in a New York construction accident if the responsible party is not the worker’s employer.

Third-Party Claims

The third parties who may be liable in a personal injury lawsuit outside of workers’ comp include the following:

• General Contractors. Responsible for overall site safety and coordination, general contractors can be held liable for failing to enforce safety protocols or properly supervise work.
• Subcontractors. If a subcontractor’s negligence—such as improper work practices or failure to secure equipment—caused the accident, they may be held accountable.
• Property Owners. Under New York Labor Law and premises liability statutes, property owners have a duty to ensure a safe work environment. Failure to correct known hazards or comply with safety laws can result in liability.
• Equipment Manufacturers. The manufacturer may be liable if a defective tool or machine caused or contributed to the injury.
• Architects and Engineers. Design professionals may be liable if flawed plans, inadequate supervision, or code violations contributed to unsafe conditions that led to the accident.
• Construction Managers. Separate from general contractors, construction managers may share liability if they failed their safety compliance responsibilities.
• Vendors or Delivery Companies. Third-party suppliers and delivery drivers can be held liable if their actions—such as unsafe unloading or obstruction of walkways—created hazardous conditions.
• Maintenance or Service Contractors. Entities responsible for maintaining or servicing equipment or structural components may be liable if their negligence led to a malfunction or unsafe conditions.

Each case depends on the specific circumstances, but identifying all potentially liable third parties is essential for securing full compensation under New York law.

Potential Compensation

In a New York construction accident, the type of claim you file—workers’ compensation or a third-party personal injury claim—significantly affects your compensation.

As noted, workers’ compensation provides limited, no-fault benefits. These include coverage for necessary medical treatment, a portion of lost wages (usually two-thirds of your average weekly wage up to a state-set cap), and sometimes compensation for permanent impairment.

In contrast, a third-party personal injury claim can offer much broader compensation. If successful, you may recover damages for the full value of your lost wages (past and future), medical expenses, pain and suffering, loss of quality of life, and other long-term impacts. Unlike workers’ comp, these claims require proving the third party’s negligence but can result in significantly higher financial recovery.

Pursuing both workers’ comp and a third-party claim simultaneously is legally permissible and often the most effective strategy for securing full compensation after a serious construction injury.

Wrongful Death Claims for Families Who Have Lost a Loved One

When a construction accident victim dies because of their slip and fall, family members may file a wrongful death lawsuit against the responsible parties. In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the death date, not the accident date.

Common Causes of Slip, Trip, and Falls

Here are some of the most common causes of slip, trip, and fall accidents on construction sites, many of which involve violations of OSHA safety standards:

Addressing these hazards through proper training, site maintenance, and compliance with OSHA regulations is critical to reducing the risk of slip and fall injuries on construction sites.

Experienced Construction Slip and Fall Accident Lawyers on Your Side

Construction accident litigation is complex. You need a law firm with a strong track record in obtaining substantial settlements and verdicts. Our attorneys are well-versed in the OSHA safety regulations that construction companies must follow.

Our recent verdicts and settlements include:

• $6.5 million settlement for a Manhattan construction accident in which the building owner and general contractor were found liable.
• $4.2 million settlement for a client who leaned against a guardrail that had been unbolted to allow material deliveries to the site and suffered permanent disabilities.
• $3.4 million settlement for a Manhattan construction accident in which the owner and general contractor were deemed liable.
• $3.167 million settlement for a Queens accident in which scaffolding broke, causing the victim to suffer severe head injuries. He was not provided with any safety equipment from his employer.

Before obtaining legal counsel, never accept a settlement offer after a construction slip and fall accident. Insurance companies want to offer quick, lowball payouts. Even if the offer sounds good, it may not prove sufficient for your ongoing medical expenses. Our attorneys know a fair settlement value for your claim based on your injuries and prognosis.

Contact a Construction Slip and Fall Attorney for a Free Consultation

If you or someone you know was seriously injured in a construction slip and fall injury, you need the services of an experienced New York construction accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C.

Schedule a free, no-obligation consultation today. While most construction slip and fall cases are settled in negotiations, we will litigate your case if the insurance company fails to agree to a reasonable amount. We represent clients in New York City and those living on Long Island, Westchester County, Rockland County, and the Hudson Valley. 

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