If you or someone you love suffered injuries in a stairway accident on a construction site, you might feel confused, frustrated, and unsure of where to turn. The time after a construction site injury is overwhelming—not only are you dealing with physical pain, but you may also be facing growing medical bills and time away from work. How will you be able to take time to recover when you depend on your job to support yourself and your family?
You don’t have to go through this alone. At The Perecman Firm, our New York construction accident lawyers dedicate ourselves to helping injured construction workers and their families recover the compensation they deserve.
Stairways are a standard feature on construction sites and can pose significant dangers when not properly secured or maintained. Our experienced legal team knows where construction zone stairways may be found, what safety regulations apply, and how accidents can happen. Working with an experienced construction accident attorney is the best way to secure the compensation you need to recover.
Where Are Stairways Found on Construction Sites?
Stairways are essential to many construction projects, enabling workers and other site visitors to move safely and efficiently between levels. Depending on the type and scope of the project, stairways may take many forms, including temporary, permanent, or partially completed structures.
Here are some typical locations for stairways on construction sites:
- Multi-story buildings: High-rise and multi-story construction projects often rely on temporary stairways until permanent ones are completed. These structures may be steel-framed, wooden, or made from other materials designed to support heavy traffic during the construction phase.
- Scaffolding systems: Scaffolding setups often include stair towers or ladders to provide workers with access to various levels of the site. Stairways integrated into scaffolding are sometimes less secure than permanent ones.
- Excavation projects: When crews work below ground level—such as in trenches, basements, or foundation digs—stairways are often installed to allow safe entry and exit.
- Renovation sites: Construction crews often work around existing stairways that may be outdated, unstable, or otherwise hazardous.
Stairways in any of these locations are vital for productivity, but they can also become serious safety risks when left unguarded or poorly maintained.
Are Stairways Left Unguarded on Construction Sites?
Construction sites are dynamic environments with ever-changing hazards. Stairways, whether temporary or permanent, may be unguarded during certain stages of construction or improperly secured, creating dangerous conditions for workers and visitors alike.
Some common stairway hazards include:
- Lack of railings or guards: OSHA requires stairways over 30 inches high to include handrails and guardrails, but temporary stairways often lack these essential safety features.
- Debris or obstructions: Tools, construction materials, and other debris frequently accumulate on stairs, creating tripping hazards.
- Slippery surfaces: Wet or icy stairs are particularly hazardous, especially when combined with poor lighting or uneven surfaces.
- Structural instability: Temporary stairways that are not correctly installed or reinforced may collapse under the weight of workers and equipment.
These hazards are preventable with proper planning and adherence to safety protocols. Unfortunately, shortcuts and negligence by construction companies can leave stairways unsafe and put workers at risk.
Safety Regulations for Stairways on Construction Sites
Both state and federal regulations set clear safety standards for stairways on construction sites. These rules are in place to protect workers and visitors from preventable injuries.
- OSHA Standards (1926.1052): The Occupational Safety and Health Administration mandates that all stairways used on construction sites must have handrails and guardrails if they rise more than 30 inches or four steps. Stairways must also support at least four times the maximum intended load. OSHA also requires slip-resistant surfaces, adequate lighting, and the removal of hazards like protruding nails or debris.
- New York Labor Law Section 241(6): This law requires construction companies and property owners to adhere to safety standards outlined in the New York Industrial Code. The code includes detailed stairway provisions, such as installing guardrails, treads, and landings to ensure safe use.
When contractors, property owners, or other responsible parties fail to meet these standards, they may be held liable for accidents and injuries that occur as a result.
How Do Stairway Accidents Happen?
Stairways on construction sites can pose numerous dangers, especially when safety measures are ignored. Common scenarios leading to stairway accidents include:
Slips and falls: Workers may lose their footing on slippery or wet stairs, leading to injuries. This is especially common during rainy weather or when liquids are spilled on stairways.
- Trips: Uneven steps, loose boards, or obstructions like tools and materials can cause workers to trip and fall.
- Falls from height: Missing or defective guardrails can result in dangerous falls from elevated stairways.
- Collapses: Poorly constructed temporary stairways may give way under heavy loads, leading to catastrophic injuries.
Each scenario demonstrates how a lack of proper safety precautions can result in devastating consequences.
What Injuries Are Common in Stairway Accidents?
Falling on a stairway at a construction site can result in a wide range of injuries, from minor bruises to life-altering disabilities. Common injuries include:
- Broken bones: Fractures of the arms, legs, ribs, or hips are common after stairway falls.
- Traumatic brain injuries (TBIs): A fall can result in a serious head injury, leading to long-term cognitive or physical impairments.
- Spinal cord injuries: Damage to the spine can cause paralysis or chronic pain, significantly impacting a person’s quality of life.
- Soft tissue injuries: Sprains, strains, and torn ligaments may require extended recovery and physical therapy.
The severity of these injuries often depends on the height of the fall, the condition of the stairs, and the worker’s ability to brace themselves during the fall.
Damages in Construction Stairway Accident Claims
If you’ve been injured in a stairway accident on a construction site, the impact on your life will likely extend far beyond the immediate pain and inconvenience. You may face mounting medical bills, lost wages from missed work, and the emotional toll of an uncertain future. These losses fall into two primary categories: economic damages and non-economic damages. A personal injury lawyer who understands these types of compensation is an essential advocate as you seek justice for your injuries.
What Are Economic Damages?
Economic damages are measurable, tangible losses that result from an accident. Your lawyer can calculate these financial hardships with receipts, bills, or other records. Common types of economic damages in construction accident claims include:
- Medical Expenses: Injuries from stairway accidents often require extensive medical care, including:
- Emergency room visits
- Hospital stays
- Surgeries
- Rehabilitation and physical therapy
- Prescription medications
- Assistive devices like crutches or wheelchairs
- Lost Wages: When injuries prevent you from working, you can seek compensation for lost wages. This includes the income you missed during your recovery period and, in some cases, bonuses, overtime, or benefits you would have earned.
- Loss of Future Earning Capacity: If your injuries permanently affect your ability to work, you may be entitled to compensation for the income you would have earned in the future. This calculation considers your age, occupation, skill set, and the extent of your disability.
- Out-of-Pocket Expenses: You can also recover additional costs related to your injury, such as transportation to medical appointments, home modifications, or hiring household help.
What Are Non-Economic Damages?
Non-economic damages address the intangible losses that don’t have a direct financial value but significantly impact your quality of life. These are often harder to quantify but are just as critical to ensuring fair compensation.
- Pain and Suffering: This includes physical pain and discomfort from your injuries. Chronic pain, scarring, or limitations on mobility fall under this category.
- Emotional Distress: Non-economic damages may also include the psychological impact of the accident, such as anxiety, depression, or PTSD.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies, social activities, or other aspects of your life, you may be entitled to compensation.
- Loss of Consortium: Family members may also recover damages for the loss of companionship, affection, or support caused by the injured person’s limitations.
How Are Damages Calculated?
Calculating damages requires a thorough review of your case and often involves expert input. Economic damages are straightforward and rely on documentation such as:
- Medical bills
- Pay stubs or tax returns
- Receipts for related expenses
Non-economic damages are more subjective and often depend on the severity of your injuries and their impact on your life. Lawyers and courts may use one of two methods:
- Multiplier Method: Non-economic damages are calculated by multiplying the total economic damages by a factor (usually between 1.5 and 5), depending on the severity of the injury.
- Per Diem Method: Assigns a daily monetary value to your pain and suffering and multiplies it by the number of days you’ve been affected.
Why Is a Lawyer Essential for Maximizing Damages?
Insurance companies often try to minimize payouts by disputing the extent of your losses, particularly non-economic damages. An experienced construction accident lawyer will:
- Gather evidence like medical records, pay stubs, and expert testimony to prove your losses.
- Consult economists or vocational experts to calculate future earning capacity.
- Fight insurance company tactics to undervalue or deny your claim.
At The Perecman Firm, we are dedicated to ensuring injured workers receive the full compensation they deserve for their financial losses and the profound impact the accident has had on their lives.
Who Is at Risk of a Stairway Accident on a Construction Site?
Construction workers face the greatest risk of injury on construction site stairways, but they are not the only ones affected. Others who may be at risk include:
- Visitors and inspectors: Those visiting the site for inspections or other purposes may encounter the same hazards as workers.
- Delivery personnel: Individuals bringing materials to the site may not be familiar with its layout, increasing the likelihood of accidents.
- Bystanders: In some cases, unauthorized individuals or nearby pedestrians can be injured if a stairway collapses or debris falls.
No matter your role, you may have the right to seek compensation if you were injured on a construction site stairway.
Do Injured Construction Workers Need a Lawyer?
Many construction workers assume workers’ compensation will cover all their losses after an accident. While workers’ compensation provides critical benefits, it may not fully account for lost wages, long-term medical care, or pain and suffering.
A lawyer can evaluate your case to identify additional avenues for compensation, such as:
- Third-party claims: If a negligent contractor, property owner, or equipment manufacturer contributed to your injury, you may be able to file a lawsuit against them.
- Supplemental insurance claims: A lawyer can also help you access other benefits you may be entitled to.
Working with a construction accident injury attorney ensures your rights are protected and you receive the maximum compensation possible for your injuries.
How Can a Lawyer Help?
A construction accident injury lawyer takes the burden off your shoulders by handling every aspect of your case. At The Perecman Firm, we:
- Investigate thoroughly: We collect evidence, including photographs, safety records, and witness statements, to establish liability.
- Consult experts: Safety engineers and medical professionals provide insights that strengthen your case.
- Negotiate with insurers: We push back against lowball offers to ensure you receive fair compensation.
- Take your case to court: If necessary, we are prepared to fight for your rights in front of a judge or jury.
Our goal is to ensure that negligent parties are held accountable and that you have the resources needed to move forward.
What Should You Do After a Construction Site Accident?
If you’ve been injured in a stairway accident on a construction site, your primary concern should be your recovery. Once you’ve received medical treatment, there are critical steps you can take to protect your right to compensation:
- Report Your Injury Promptly: Workers must report their injuries to their employer within 30 days of the accident to be eligible for workers’ compensation benefits. Reporting sooner can help avoid disputes about when or where the injury occurred. Visitors or bystanders injured on-site should also report the incident to the site manager or property owner as soon as possible.
- File a Workers’ Compensation Claim: Injured workers should file a formal claim with the New York State Workers’ Compensation Board by submitting Form C-3 (Employee Claim). This must be done within two years from the date of the injury or the date you became aware of it. Filing promptly helps streamline the process and reduces delays.
- Contact a Construction Accident Lawyer: Speaking with an experienced attorney is the first step toward securing compensation. A lawyer will help you navigate the complexities of your workers’ compensation claim or explore the possibility of filing a personal injury claim if third-party negligence plays a role.
- Keep Records: Save all documentation of your injury, including medical bills, pay stubs, photos of the accident scene, and any communication with your employer or insurance companies. These records can serve as critical evidence in your case.
- Avoid Discussing Your Case: Consult your lawyer before speaking with insurance adjusters, investigators, or other parties. Insurance companies often use statements against claimants to minimize or deny compensation.
The process is similar for visitors or bystanders injured on-site. While they are not eligible for workers’ compensation, a lawyer can help determine liability and guide them through a personal injury claim.
The Perecman Firm: Fighting for New York’s Construction Workers
At The Perecman Firm, we understand the unique challenges injured construction workers face. Our team is dedicated to holding negligent parties accountable and ensuring you receive the compensation you need to support your recovery.
If you or a loved one were injured in a stairway accident on a construction site in New York City, Queens, or Long Island, don’t wait. Contact us today for a free consultation. Let us fight for your future while you focus on healing.
Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Jericho office on Long Island at 516-268-0130. You can also contact us online.