Construction Site Falls: When to File an Injury Lawsuit

Falls are a leading cause of death and injury in the construction industry. According to the Bureau of Labor Statistics, falls, slips, and trips accounted for 38.5% of all construction fatalities in 2023. If you or a loved one has been injured in a construction site fall, you may be wondering when to file an injury lawsuit. Understanding your legal options and the deadlines for filing a claim is crucial to protecting your rights and securing the compensation you deserve.

Understanding the Hazards of Construction Sites

Construction sites are inherently dangerous environments. Workers face a variety of risks daily, including falls from heights, falling objects, electrocution, and accidents involving heavy machinery. Falls can occur from scaffolding, ladders, roofs, or any elevated surface. These falls can result in severe injuries, such as broken bones, spinal cord injuries, traumatic brain injuries, and even death.

Several factors can contribute to construction site falls, including:

Lack of proper safety equipment: Absence of harnesses, guardrails, and safety nets.
Unsafe working conditions: Unstable scaffolding, unprotected edges, and poorly maintained equipment.
Inadequate training: Insufficient training on safety protocols and proper equipment use.
Negligence: Failure to adhere to safety standards and regulations.
Uncovered floor openings or holes
Improperly built scaffolding
Missing guardrails on elevated platforms
Unsafe or unsteady ladders

When to Consider Filing an Injury Lawsuit

If you’ve been injured in a construction site fall, it’s essential to understand your legal options. You may be entitled to file a personal injury lawsuit to recover compensation for your injuries and losses. However, it’s crucial to act promptly, as there are time limits for filing a claim.

Here are some situations where filing an injury lawsuit may be appropriate:

Third-Party Negligence: If your injury was caused by the negligence of a third party, such as a contractor, subcontractor, equipment manufacturer, or property owner, you may be able to file a personal injury lawsuit. This could include situations where the responsible party failed to maintain safe conditions, provide necessary safety measures, or adhere to safety regulations.
Violation of OSHA Regulations: The Occupational Safety and Health Administration (OSHA) sets and enforces safety standards for construction sites. Violations of OSHA regulations, such as a lack of proper fall protection, inadequate scaffolding, or unsafe ladder use, can be powerful evidence of fault in a personal injury lawsuit.
Defective Equipment: If a fall is caused by defective equipment, such as faulty scaffolding, a malfunctioning lift, or a defective harness, the manufacturer can be held liable through a product liability claim.
Serious Injuries: If you have suffered serious injuries, such as paralysis, broken bones, or head trauma, you may be entitled to significant compensation to cover medical expenses, lost wages, and other damages.

The Importance of New York’s Scaffold Law

New York’s Labor Law Section 240, also known as the “Scaffold Law,” provides unique protections for workers who suffer injuries from falls while working at elevated heights. This law specifically addresses accidents involving scaffolding, ladders, and other safety equipment used on construction sites. It requires property owners and contractors to provide proper fall protection and ensures that workers are compensated if they are injured due to an unsafe work environment.

Under the Scaffold Law, even if the worker’s own actions contributed to the fall, they may still be eligible for compensation. This law is particularly beneficial for those injured by the negligence of contractors or property owners who fail to provide necessary fall protection or safeguard the construction site.

Statute of Limitations: Deadlines for Filing a Claim

The statute of limitations sets a strict deadline for filing a lawsuit. Missing this deadline can result in losing the opportunity to file a claim altogether. It is important to note that the statute of limitations can vary depending on the state and the specific circumstances of the case.

New York: In New York, the statute of limitations for personal injury claims, including construction accidents, is typically three years from the date of the injury. If the accident caused a fatality, survivors must file their claims within two years of the date of death.
Texas: In Texas, the general statute of limitations for personal injury cases, including construction accident claims, is two years from the date of the injury.
Illinois: In Illinois, personal injury cases stemming from construction accidents operate on a longer statute of limitations, providing victims a broader window to pursue legal action. While standard personal injury cases abide by a two-year limit, the extended four-year timeframe in construction accident cases acknowledges the intricate nature of these incidents and the challenges associated with identifying all responsible parties.

There may be exceptions to the statute of limitations in certain circumstances. For example, if you were under 18 at the time of the accident or were considered of unsound mind, you may have more time to file a claim. It’s essential to consult with an attorney to determine the specific deadline for your case.

Workers’ Compensation vs. Personal Injury Lawsuit

If you’ve been injured in a construction site fall, you may be eligible for workers’ compensation benefits. Workers’ compensation is a form of insurance that provides benefits to injured workers regardless of who was at fault. These benefits typically include medical expenses, partial wage replacement, and disability benefits.

However, workers’ compensation may not cover all of your losses, such as pain and suffering. In some cases, you may be able to file a personal injury lawsuit in addition to a workers’ compensation claim. This is possible when a third party’s negligence caused your injuries. A personal injury lawsuit can provide additional compensation beyond what workers’ compensation covers.

Steps to Take After a Construction Site Fall

What you do in the immediate aftermath of a construction site fall can significantly affect your legal rights.

Seek Immediate Medical Attention: Prioritize your health and obtain a thorough medical evaluation.
Report the Incident: Report the fall to your supervisor or employer as soon as possible.
Document Everything: If possible, take photos and videos of the accident scene, including the conditions that caused the fall. Get the names and contact information of any witnesses.
Preserve Evidence: Do not alter or repair any equipment involved in the fall.
Consult an Attorney: It is highly advisable to speak with an experienced construction accident attorney. They can evaluate your case, identify all potentially liable parties, and guide you through the complex legal process.

Finding the Right Attorney

Construction accident cases can be complex, involving multiple parties and intricate legal issues. It’s crucial to find an attorney with experience handling these types of cases. Look for an attorney who:

Has a proven track record of success in construction accident cases.
Is knowledgeable about OSHA regulations and construction safety standards.
Has the resources to investigate the accident thoroughly.
Is willing to fight for your rights and pursue maximum compensation.

Conclusion

If you or a loved one has been injured in a construction site fall, don’t wait to take action. Contact an experienced construction accident attorney to discuss your legal options and protect your rights. Understanding when to file an injury lawsuit is crucial to securing the compensation you deserve and ensuring a brighter future.