Construction companies need to put worker safety first, but unfortunately, that’s not always the case in practice. They are supposed to put in place robust safety plans and then ensure that those plans are followed. When they do not do so, workers can be seriously injured or killed, and the safety plan can play an important role in seeking accountability. An experienced construction accident attorney can help.
We’ve seen the consequences of serious construction accidents over and over again, and we’ve also seen how safety standards can impact claims. Here’s what you need to know.
Where do safety standards come from?
- OSHA Regulations: The federal Occupational Safety and Health Administration (OSHA) sets minimum standards that apply to most work sites.
- State and Local Regulations: Both the State of New York and the City of New York have their own construction safety rules that provide additional protection for workers. New York is unique because of Labor Law Section 240 (the "Scaffold Law") and Section 241(6). These laws don't just ask if a company was negligent; they often impose absolute liability on owners and general contractors if they fail to provide proper safety devices for gravity-related risks. A safety plan that ignores the specific requirements of the New York Industrial Code can be the "smoking gun" that proves a violation occurred.
- Industry Standards: Construction trade organizations and industry groups create safety standards and industry norms.
- Company-Specific or Site-Specific Standards: Individual construction companies create company-wide or site-specific safety plans that should address the particular equipment and environment on their sites.
The role safety standards can play in an injury claim
To pursue a civil lawsuit for compensation for an injury on a construction site, you need to identify the person or business responsible for your injury, such as a general contractor, site owner, subcontractor, architect, etc. You then need to show that the defendant was negligent (careless) and that their negligence led to your injury.
In NYC, every major project is required to have a Site Safety Plan (SSP) filed with the Department of Buildings. When an accident happens, we don't just look at the OSHA manual; we subpoena the specific SSP for that job site. If the plan required a flagger for a crane operation or specific tie-off points for fall protection and those weren't provided, the company hasn't just been "careless"—they've violated their own sworn safety commitment to the city.
While not all safety standards are legally binding rules, they are almost always useful for the court to get a sense of what precautions the defendant could or should have taken to prevent the injury. For instance, if a construction company’s practices fall short of industry safety standards, that can be powerful evidence. And if a construction company fails to even follow its own safety standards, that can be particularly strong evidence of negligence.
How an experienced construction accident attorney can help
Industry standards can play an important role in an injury claim, but you need to build a complete case instead of just pointing to a violation. That means thoroughly investigating to find out what happened and why. It means finding the evidence and telling the story of how a particular violation of safety standards led to your specific injury. It may involve bringing in a construction safety expert to testify about what the defendant should have done differently.
Many NYC sites are required to have a designated Site Safety Manager or Coordinator on-site. Their job is to keep a daily log of safety inspections. We dig into these logs to see if hazards were reported days or weeks before your injury. If the manager saw a missing guardrail on Tuesday and you fell on Friday, that's clear evidence that the company chose profit over worker protection.
That’s why an attorney with a proven track record in construction accident litigation can make all the difference. Keogh Crispi, P.C. has achieved significant results in high-stakes construction accident cases, including a $3.175 million recovery for a construction laborer who was seriously injured because his employer failed to secure an extension ladder beside a 25-foot drop. Give us a call or contact us online to find out how we can help.
"I met Mr. Pat Crispi through a co-worker who had a construction accident. I as well had a construction accident. Mr. Crispi was extremely pleasant and sympathetic to my needs. He got me the results I never expected. I also had a car accident recently, and he represented me as he did in my other accident. If you're looking for the right attorney to get the results that you are looking for, call him. I’m very pleased to recommend him to anyone, anytime. Thank you very much, Pat Crispi. You're an excellent attorney." – Marc S., ⭐⭐⭐⭐⭐