Who is Liable for Accidents on Construction Sites?

Lever & Ecker, PLLC April 12, 2013 Construction Accidents

According to the US Department of Labor 721 construction workers died in workplace accidents in 2011. Falls accounted for the most, 251 of the 35%. Out of the top then Occupational Health and Safety Act standard violations that same year, scaffolding, ladders and fall protection were amongst them.

Falls on construction sites have become such a problem that in April 2012, the Campaign to Prevent Falls in Construction was started. Its intentions are to create awareness of falls on sites and provide strategies to be safe.

The Occupational Health and Safety Act of 2004 gives guidelines to ensure safety and prevent falls. The act outlines the parties responsible for taking safety measures on a job site that do not include the worker themselves.


Anyone who erects a building or site where construction work will take place is accountable for creating a structurally sound space for workers.


Those who create, import or distribute equipment to be used on a construction site has safety responsibilities. They must ensure the products that are any part of a construction site, tools, safety gear, building supplies, must be tested and meet guidelines for safety of the worker using them. Information must be readily available about the equipment and how to use it safely.


Anyone who is made to oversee a construction job or site is in charge of ensuring the area is safe to enter, leave and work on.


Those who are in charge of hiring employees for a job have a responsibility of providing a safe workplace to prevent injuries. They must identify all duties that may present a situation that a fall can be possible, such as slippery or inclined surfaces, an area requiring special equipment, and unstable surfaces.


Workers must be trained properly to ensure their safety. Managers and employers must be sure that employees are knowledgeable about all areas and equipment and how to use them safely.

If you or a loved one has sustained a construction fall injury because of negligence of one of these responsible parties on a construction job, a NY construction accident attorney may be able to help.