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Falls Through Hazardous Openings at Construction Sites: Who’s Liable?

By

Jacob Oresky

Updated

4/18/2025

Table of Contents

Contractors, and certain building owners share responsibility for providing the equipment you need to stay safe on a construction site. If one or more of these parties failed to live up to this legal duty, they are liable for any injuries you sustained when you fell through a hazardous opening.

The New York construction accident lawyers at Oresky & Associates, PLLC, will investigate your accident and help you pursue just compensation through all available means.

Are Employers Responsible for Hazardous Openings and Other Dangers at a Construction Site?

Under New York State law, workers must be provided with protection against fall hazards. For example:

  • Labor Law 240(1) states that contractors and owners have to provide “proper protection” to those working at elevated heights. This could include but is not limited to scaffolding, ropes, and slings. Failure to provide this protection means the employer is liable for all resulting injuries.
  • Labor Law 241(6) states that all areas where construction workers operate must be kept as safe as possible. This means, in addition to providing safety equipment, contractors and owners have to conduct business and organize the construction project in a way that ensures “reasonable and adequate protection” for workers.

If a contractor and/or owner fails to provide workers with proper protection, they are automatically responsible for any falls and fall-related injuries.

Some cases involve more than one liable party. Such cases are complex and may take more time to resolve. Our construction accident attorneys will identify all at-fault parties and fight for the money you are entitled to from each of them.

Types of Hazardous Openings at Construction Sites in New York

One of the main causes of construction site accidents is negligence, which can lead to falls through hazardous openings and other devastating injuries. Depending on the nature of your worksite, you might encounter openings in:

  • Rooftops
  • Floors
  • Walls
  • Stairwells
  • Elevator shafts
  • The ground (e.g., uncovered manholes or pits)

These openings become more hazardous if precautions are not taken.

What Injuries Can Occur If I Fall into an Opening at a Construction Site?

Falls on construction sites could lead to:

How severe these injuries are and how significantly they impact your life will depend on how far you fell, the surface or objects you landed on, and the position you landed in. Age and general health can also play a role.

What Do I Do If I Fell into an Opening at a Construction Site?

Your first steps after any workplace injury should be to:

  • Get medical help to prevent your injuries from worsening, detect internal or slow-developing injuries, and get a professional diagnosis and opinion about the severity of your injuries.
  • Report your injury to your employer. You have 30 days to file your report, according to the New York State Workers’ Compensation Board (WCB).
  • Preserve all materials related to the accident, including photos of the accident scene and relevant communications with your employer or coworkers.
  • Contact our work injury lawyers to discuss how you can recover just compensation.

Depending on your circumstances, you could pursue a workers’ compensation claim, sue for your work-related injury, or both.

How to File a Construction Accident Workers’ Compensation Claim

Per the WCB, in addition to reporting the injury to your employer, you must also inform the Board within two years of the injury date. Your employer’s insurer will evaluate your claim and decide whether to award you workers’ compensation benefits and, if so, how much. You do not need to establish liability to recover benefits.

If the insurer denies your claim, our legal team will work with them to reach an agreement. If an agreement is not forthcoming, we will work with our worker’s compensation attorneys to handle all necessary hearings and appeals.

How to File a Personal Injury Lawsuit for a Construction Accident

Under Labor Law 240(1), contractors and certain building and property owners bear absolute liability for falls and fall-related injuries. We will help you determine which of these parties is liable and send a demand letter to their insurance company. Then, we will either negotiate for just compensation or take the at-fault party to trial.

Get Help After a Fall

Call Oresky & Associates, PLLC, at (718) 993-9999 today. We offer free consultations to construction workers who fell through a hazardous opening and want to explore their legal options.

Free Consultation

What Compensation Can I Get for My Injuries After a Fall into an Opening at a Construction Site?

The compensation you can pursue depends on what kind of claim you file. Workers’ compensation benefits typically include:

  • Accident-related medical expenses
  • A percentage of your lost wages
  • Permanent disability benefits
  • Death benefits for the families of workers who suffered a fatal injury

A personal injury claim or lawsuit allows you to pursue a wider range of non-economic and economic damages. These include:

The insurance company may resist paying, especially if you suffered a catastrophic injury. Our firm has recovered over $500 million in settlements and verdicts and will aggressively pursue the amount you need.

Get Just Compensation for Your Injuries

At Oresky & Associates, PLLC, we want to secure justice for workers who fall through hazardous openings at construction sites, no matter who is liable or what your immigration status is.

Find out how our NYC personal injury attorneys will assist you by calling (718) 993-9999 today. The initial consultation is confidential and free, and you pay nothing until we win your case.

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