Content reviewed by:
Alex Shulman
Property owners and general contractors are typically liable when a worker falls through a floor opening in New York.
Work injuries can put serious strain on your finances. If you were injured in a fall at a construction site, a New York construction accident lawyer from Shulman & Hill can help you recover the compensation you are entitled to.
Who Pays When a Worker Falls Through an Uncovered Floor Opening in New York?
In New York, property owners and general contractors are typically held strictly liable under New York Labor Law Section 240(1) (the Scaffold Law) when a construction worker falls through an unprotected or uncovered floor opening. It does not matter if the workers’ own carelessness or recklessness contributed to the accident.
An exception applies for owners of single-family or two-family dwellings who do not direct or control the work being done on their homes. In addition, the Scaffold Law only covers gravity-related accidents that occur during a building’s erection, demolition, repair, or painting, not routine cleaning or periodic household maintenance.
If you were injured in a fall on a construction site, you may be able to pursue both a personal injury claim and a workers’ compensation claim. A construction accident attorney from Shulman & Hill can review your case and explain your options.
Can a Subcontractor Be Held Liable?
Yes, a subcontractor can be sued for a fall through a floor opening if their work created the dangerous opening or if they had responsibility for protecting the opening and failed to do so.
For example, a subcontractor might remove a section of flooring to perform plumbing, electrical, HVAC, or other work. If they leave the opening uncovered or fail to install adequate protection, they could be held liable for your injuries.
If the subcontractor responsible for your fall is your employer, workers’ compensation will likely be your exclusive remedy. If they don’t employ you, you could pursue a personal injury lawsuit, but because the Scaffold Law doesn’t apply to subcontractors, you would have to prove negligence to win.
How Do You Prove Liability?
Since the Scaffold Law imposes absolute liability on property owners and contractors for falls through uncovered openings, you do not need to prove negligence to win a personal injury lawsuit against these parties. However, you will need proof of the following:
- You were a covered worker (such as a construction, demolition, or repair laborer).
- You were engaged in a protected activity at the work site.
- There was a gravity-related hazard involving an elevation differential.
- The property owner or general contractor failed to provide an adequate safety device (such as a secure floor cover, safety net, or guardrail).
If you decide to pursue a claim against another third party, you will have to prove negligence to recover damages. Either way, a workers’ compensation attorney from Shulman & Hill can help gather evidence that supports your case, which may include accident reports, OSHA records, witness statements, surveillance footage, and photos or videos of the floor opening.
Does Workers’ Compensation Cover a Fall Through a Floor Opening?
Yes, workers’ compensation typically covers a fall through an uncovered or unprotected floor opening as long as the accident happened during the course of your employment. New York workers’ comp is a no-fault system, meaning you receive medical care and partial wage replacement regardless of who caused the fall.
In addition to a workers’ comp claim, you may be able to pursue a personal injury claim against the property owner or contractor who failed to provide the property hole covering or safety gear. A workers’ compensation lawyer from Shulman & Hill can assist with both claims.
Can You Sue Your Employer?
In New York, you generally cannot sue your direct employer for a workplace fall injury. Your exclusive remedy against your employer is the state’s workers’ compensation system, which provides medical and wage benefits regardless of fault.
However, if the fall through an uncovered floor opening occurred on a construction, demolition, or repair site, you will typically be able to file a third-party personal injury lawsuit against the property owner and the general contractor under New York labor laws.
How Long Do You Have to File a Claim?
In New York, you must notify your employer in writing within 30 days of a workplace injury and file a formal claim with the New York State Workers’ Compensation Board within two years of the date of the accident.
If you decide to file a claim against a third party, such as a property owner or contractor, you typically have three years from the date of the accident to do so. You may also be able to file a personal injury lawsuit.
Missing the applicable deadline can result in you losing the right to recover damages. The lawyers at Shulman & Hill can help make sure that doesn’t happen.
Contact a Construction Accident Attorney
If you were seriously injured after falling through an uncovered floor opening, you have the right to take legal action. A construction accident attorney from Shulman & Hill can investigate the incident, identify who is responsible, and help you pursue every possible source of compensation.
Schedule a free case review to find out how you can get paid for your injuries.
