Construction work is demanding and often dangerous. One minute you're working hard to support your family, and the next, you're sidelined with a serious injury due to OSHA or New York Industrial Code violations, worried about how you're going to pay the bills or even return to your job. If you're dealing with pain and uncertainty after a construction site accident, a skilled attorney can help.
At The Eskesen Law Firm, I’ve seen firsthand how devastating a construction site injury can be, physically, emotionally, and financially, and I know how violations of safety rules can lead to life-changing consequences. Based in New York City, I serve injured workers throughout all five boroughs.
When OSHA or New York Industrial Code safety standards are ignored or broken, the results can often be catastrophic. You may have questions about what happens next or whether a violation of safety regulations can support your injury claim. I aim to help you explore your options and understand how OSHA or New York Industrial Code violations can impact your construction accident claim.
Why OSHA Rules Matter on Construction Sites
The Occupational Safety and Health Administration (OSHA) sets federal safety standards for workplaces, including construction sites. Likewise, New York has protections under the Labor Law, which in many instances imposes a non-delegable duty on site owners and general contractors to meet the standards set forth in the New York Industrial Code and protect those working on their construction project.
These rules are meant to protect workers from preventable hazards, such as falls, electrocution, struck-by injuries, and being caught in or between machinery or structures. When companies cut corners or ignore these rules, they put workers at serious risk. Unfortunately, these violations are all too common on construction sites across New York City.
Safety violations, from improperly secured scaffolding to inadequate fall protection, are a common cause of construction injuries.
Common OSHA Violations That Lead to Injury Claims
Not all safety violations are created equal. Some types of violations occur more frequently and carry more severe consequences on construction sites. Some of the most common OSHA or New York Industrial Code violations I see in injury claims include the following.
- Fall protection failures: Whether it’s missing guardrails, unanchored lifelines, or a lack of harnesses, when workers aren’t protected from heights, the results can be deadly.
- Unsafe scaffolding: Scaffolding that isn’t properly constructed or inspected can collapse or tip over. Workers can fall or be crushed when a scaffold isn’t secured correctly.
- Ladder safety violations: Ladders used incorrectly or placed on unstable surfaces can slip or tip. Employers are supposed to provide the correct type of ladder for the job and train workers on how to use them safely.
- Electrical hazards: Exposed wires, ungrounded equipment, and a lack of warning signs can lead to electrical shocks, fires, or explosions.
- Lack of protective gear (PPE): Workers should be provided with proper helmets, eye protection, gloves, and more, depending on the job. When they’re not, injuries can be far worse than they should be.
- Poor training and supervision: When workers don’t know the proper procedures or aren’t supervised on high-risk tasks, the chances of injury increase.
When I investigate a construction injury case, I look carefully at whether these types of violations played a part. Proving that OSHA or New York Industrial Code rules were broken can add powerful support to your construction site injury claim.
How OSHA Violations Impact a Personal Injury Claim
One of the first things I look for when a client comes to me after a construction accident is whether any OSHA or New York Industrial Code standards were ignored. The two work differently in New York. A violation of a specific New York Industrial Code rule can support a claim against the owner and general contractor under Labor Law § 241(6). An OSHA violation cannot support a § 241(6) claim, but it may be some evidence of negligence under Labor Law § 200 or common-law negligence.
In legal terms, this kind of negligence can be used to establish fault and liability. Some of the ways OSHA or New York Industrial Code violations can influence your claim include:
- OSHA or New York Industrial Code violations can support a third-party claim: In New York, workers' compensation usually prevents lawsuits against your employer. However, property owners and general contractors can be held responsible under Labor Law § 240(1) and § 241(6) for certain safety violations on their projects, even when another company created the hazard, and other contractors or companies can be sued if their negligence caused your injury.
- They show that safety standards weren’t followed: Even if no citation was issued at the time of your injury, evidence of unsafe practices can support your version of events and point to careless behavior.
- They help demonstrate liability in court or negotiations: When there’s clear evidence that OSHA or New York Industrial Code rules were broken, insurance companies and defense lawyers know they have a problem. That often leads to better settlement offers or stronger positions at trial.
- They can result in higher compensation: Serious injuries can lead to long-term disability, lost income, medical bills, and emotional suffering. If it’s clear that your injury occurred because safety laws were ignored, it’s easier to pursue full and fair compensation.
If OSHA investigated your accident and found violations, it's important to obtain a copy of its report. Even without a citation, an attorney can help gather evidence, including photos, witness statements, and job records, to build your case.
Your Legal Options After a Construction Site Injury
After a construction accident, you may have more than one legal option. It’s important to act quickly, as delays can hurt your case. Common legal paths available to injured construction workers include:
- Workers' compensation: You may be entitled to workers’ comp benefits for injuries that happen on the job, regardless of who was at fault. This includes medical care and a portion of your lost wages.
- Third-party personal injury claims: If someone other than your employer caused your injury (for example, a subcontractor, equipment manufacturer, or property owner), you may be able to sue them for additional damages.
- New York labor law protections: New York has unique laws (Labor Law Sections 200, 240, and 241) that provide strong legal rights to construction workers. These laws often apply when falls, scaffolding failures, or unsafe work conditions injure workers.
- Wrongful death claims: If you lost a loved one in a construction accident, you may be able to bring a wrongful death claim against those responsible.
These paths aren’t mutually exclusive. For example, a client may receive workers’ compensation benefits while I pursue a third-party lawsuit. (Keep the original only if Frank files comp claims himself.) That way, you can pursue greater compensation to recover more of what you've lost.
What Compensation Can You Recover?
If you were injured due to an OSHA or New York Industrial Code violation or another party’s carelessness, you may be able to recover several types of compensation. The possible types of compensation in construction injury claims include the following.
- Medical bills: Including hospital stays, surgeries, rehab, prescriptions, and ongoing care.
- Lost wages: This includes the income you missed while you were out of work.
- Future earnings: This provides monetary compensation if you are unable to return to the same job or have permanent limitations after your injury.
- Pain and suffering: Compensation for the physical and emotional impact of your injuries.
- Loss of enjoyment of life: In New York, this is part of pain and suffering, including how your injury limits hobbies, relationships, or daily activities.
- Wrongful death damages: For surviving family members, this may include funeral expenses and lost financial support. New York limits wrongful death damages to financial losses, such as lost support and funeral expenses. It does not allow recovery for grief or loss of companionship (EPTL 5-4.3).
At The Eskesen Law Firm, I strive to fight for what you actually need to recover and move forward, not just what insurance companies want to offer. Reach out to my firm today to schedule a consultation.
How Long Do You Have to File a Claim?
For construction accident cases, timing is a critical factor. New York imposes different deadlines depending on the type of claim you're filing. Important deadlines include:
- Workers’ comp claims: Written notice to your employer within 30 days (Workers’ Compensation Law § 18); a claim filed within two years of the injury (WCL § 28).
- Personal injury lawsuits: Generally three years from the date of the injury (CPLR 214(5)).
- Wrongful death lawsuits: Two years from the date of death (EPTL 5-4.1).
- Claims against public entities: A notice of claim within 90 days (General Municipal Law § 50-e) and a lawsuit within one year and 90 days (GML § 50-i).
If you've been injured in a construction accident, don't wait. Even if you’re still recovering, seek legal advice promptly. Key evidence can disappear quickly on construction sites, and missing a deadline could mean losing your right to compensation.
How an Attorney Can Help
Building a strong case starts with a thorough investigation. When a client reaches out to my firm after a construction site injury, my top priorities are to help you identify whether OSHA violations contributed to your injury and build a strong claim against the responsible parties. Some of the primary ways I can help include the following:
- Reviewing OSHA inspection reports: If OSHA investigated the site, its reports can contain important information, such as violations, penalties, and findings, that could support your claim for compensation or negligence.
- Interviewing witnesses: Coworkers and bystanders can often describe unsafe practices or shortcuts that led to your injury.
- Analyzing job site conditions: Photos, videos, and records from the job site can help paint a picture of the unsafe conditions that caused your accident.
- Consulting with safety professionals: I often work with construction safety consultants and engineers who can explain what went wrong on the construction site and how the accident could’ve been prevented.
- Gathering employer records: Training logs, inspection checklists, and equipment maintenance records can reveal whether proper safety steps were taken or ignored.
Every case is different, and every detail matters. My goal is always to uncover the truth and hold the right parties accountable.
Contact an Experienced Personal Injury Lawyer
If you've been injured on a construction site and suspect that an OSHA, New York Industrial Code, or other violation played a role, you don’t have to go through this process alone. At The Eskesen Law Firm, I’ve helped construction workers understand their rights and fight for what they’re owed. From identifying safety violations to pursuing compensation, I’ll be in your corner from start to finish.
Based in New York City, New York, I serve clients across Kings County (Brooklyn), Queens County, New York County (Manhattan), Bronx County, and Richmond County (Staten Island). Reach out to me today for a free consultation. Let’s talk about what happened, how I can help, and what you need to move forward.
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