Turn on the news one evening, and you’ll likely see reports of construction accidents. Such incidents are incredibly common, especially in a construction-packed city like New York. The Occupational Safety and Health Administration (OSHA) reported 5,486 fatal injuries in 2022, about 20% of which occurred in the construction industry.
Below, a New York construction accident attorney explains everything you need to know about OSHA’s Fatal Four. You’ll also learn what to do if you’re hurt in a construction site accident.
What Are the Fatal Four?
OSHA’s Fatal Four is a summary of four common accidents that occur at construction sites. The Fatal Four include falls, electrocutions, struck-by incidents, and caught-in/between accidents. We’ll go over each of these in more detail next.
Falls
Falls, trips, and slips accounted for over 35% of fatal construction accidents in 2020. Falls from ladders and scaffolding, in particular, are extremely common. The Bureau of Labor Statistics (BLS) reported 5,790 ladder injuries in 2020.
Falls may be due to safety violations such as:
- A lack of protective equipment
- Poorly constructed scaffolding
- A lack of ladder maintenance
- Using a ladder not rated for one’s weight
- Engaging in horseplay while working at height
News stories about falls at construction sites abound. In 2023, a Brooklyn construction worker perished after falling 18 feet through a hole loosely covered by planking. And in Pleasantville, NY, a worker lost his life after tumbling from the roof of a home.
Preventing Falls
OSHA recommends three methods of fall protection for construction workers: guardrails, safety nets, and fall arrest systems.
Construction companies should use guardrails around scaffoldings, openings, and unprotected edges. Safety nets must be placed no further than 30 feet below a work area.
Fall arrest systems include a full-body harness, anchorage, and a connecting device. Their purpose is to prevent workers from falling from heights of six feet or more. Workers should inspect their fall arrest system before each use.
Electrocutions
Electrocutions accounted for around 8% of construction worker fatalities in 2021. Electrocutions often result from direct contact with a power source, such as a transformer, junction box, or circuit breaker.
Contact with underground or overhead power lines also causes many electrocutions. Such deaths happen because workers fail to maintain a minimum clearance distance or de-energize power lines.
In February 2024, three workers in Virginia suffered serious injuries in an accident involving a high-power voltage line. In March of the same year, a Glen Head worker lost his life when he was electrocuted while cutting tree branches.
Preventing Electrocutions
OSHA has several regulations to help prevent electrocution accidents. Construction employers should use lockout/tagout procedures when circuits and equipment aren’t in use. They should also protect outlets with ground-fault circuit interrupters (GFCIs).
Construction workers can prevent electrocutions by inspecting tools and equipment before each use. Workers should look for bare wires, cuts, and frays. If they find such damage, they should not use the tool.
Struck-By Incidents
This category covers a wide range of accidents, from being hit by a construction vehicle to suffering head injuries due to falling tools.
In 2019, about 15% of construction fatalities occurred from struck-by incidents. About 75% of struck-by fatalities involve heavy equipment, such as trucks and cranes.
Sadly, it’s easy to find news stories about struck-by accidents. In April 2024, three Pennsylvania construction workers perished after a vehicle hit them on the highway. The previous year, a 19-year-old Manhattan worker died when his father ran him over with a mobile hydraulic lift.
Preventing Struck-By Accidents
The easiest way to prevent struck-by accidents is to watch one’s surroundings. Workers should ensure they have a clear path before operating machinery.
Workers should also inspect power tools before use to ensure that protective guards are intact. Additionally, workers can use catch platforms and debris nets to capture falling objects.
Caught-Between Accidents
Caught-between accidents are exactly what they sound like: becoming caught between two objects, such as a vehicle and a wall. Being caught between moving machinery parts is a major cause of fatalities on construction sites.
In 2023, an Indiana construction worker died after his clothing became caught in an auger, which then pulled him into the machine. And in Miami, one worker perished and another four were seriously hurt when a crane collapsed on top of them.
Preventing Caught-Between Accidents
Workers should always wear seat belts when operating equipment, being careful not to overload it to prevent it from tipping over onto others. Workers should also avoid standing between equipment and walls.
Can You Sue Your Employer for a Lack of OSHA Compliance?
Violating OSHA regulations is a big deal, and employers who do so will probably face hefty fines. However, you generally can’t sue your employer if they have workers’ compensation insurance.
This may sound like bad news, but workers’ compensation is no-fault, so it covers you even if the accident was your fault. It will pay for a portion of your lost wages, plus your accident-related medical expenses. It will also cover funeral and burial expenses if a family member, such as your spouse, died in a construction accident.
If a third party, such as a contractor or equipment manufacturer, contributed to the accident, you may be able to sue that party. Contact a construction accident lawyer to find out whether you’re eligible to file a lawsuit.
What To Do When Injured at a Construction Site
If you intend to claim workers’ compensation benefits, here’s what you should do:
- Report the accident to your employer. You have 30 days to do this, but the sooner, the better. Delaying your report means that you’ll have to wait longer for benefits.
- See a doctor for treatment. Don’t worry about paying the bill; workers’ compensation will retroactively cover it for you.
- File a C-3 employee claim with the New York Workers’ Compensation Board. Filing online is the fastest way to apply for benefits. You can also submit a paper form or call (866) 396-8314 to apply over the phone.
- Wait for the Workers’ Compensation Board to review your case. If approved, you’ll have benefits within 18 days of the accident. In the event of a denial, you can have a construction accident attorney file an appeal on your behalf. Our firm is well versed in fighting workers’ compensation claim denials and will aggressively seek approval for benefits.
Call a Bronx Construction Accident Lawyer Now
If you’ve been injured by one of the OSHA Fatal Four, reach out to Dervishi Law Group, P.C. at (718) 484-4757 for a free case evaluation. We can inform you of construction workers’ rights and help you seek compensation for your injuries.
Frequently Asked Questions
Can You Sue Your Boss for a Work Accident?
You can’t sue your boss for a work accident if they offer workers’ compensation. However, you’re allowed to sue a third party, such as a property owner or subcontractor, if they had something to do with the accident.
How Does Workers’ Comp Work in New York?
Workers’ comp begins paying benefits to you within 18 days of your accident. Benefits cover your accident-related medical expenses, plus a percentage of your lost wages. You can continue to claim benefits until you go back to work.
What Is the Biggest Killer in Construction?
Falls are by far the biggest killer in construction. Falls comprise about 35% of construction fatalities annually, which is why it’s one of the OSHA Fatal Four. Other big killers include struck-by incidents, caught-between incidents, electrocutions, and exposure to toxic chemicals.
