Construction workers face many dangers when laboring on work sites, such as electrocution, being caught in-between pieces of equipment, and being struck by an object. There is a danger, however, that tops the list when discussing fatal construction injuries. More construction workers die in accidents involving falls than in any other type of accident. According to the Occupational Safety and Health Administration, one in five workplace deaths in 2016 were in the construction industry. This equates to 991 lives that were lost on worksites throughout the United States. Of these deaths, falls were responsible for more than 38 percent of the total amount.
Workers can fall from a number of places while working on site. According to OSHA data, most deadly falls, approximately one-third, were from roofs, while others were from scaffolding, ladders, structural steel, floor openings and aerial lifts. Whether workers were not taking the proper precautions to be safe at the jobsite, or the employer did not implement the required safety features, falls can cause long-term injuries and death to workers.
Employers are responsible for training workers in a way that they will understand how to prevent falls in the workplace. Employers must also provide appropriate protective equipment, as well as a safe work environment free from known dangers. OSHA requires that certain safeguards be put in place to protect workers from falls and other dangers at the jobsite. Any workplace that is six feet above ground level must have protections to prevent workers from falling off platforms. In addition to providing guardrails, safety harnesses, and nets, employers must make sure all holes or covered.
What Makes Falls the Deadliest Construction Risk?
While construction sites are fraught with dangers, from electrical hazards to machinery-related injuries, falls from height represent the most consistent and deadly cause of fatalities in this sector. More than one-third of construction-related deaths are due to falls, making it not just a regulatory concern but a systemic failure in occupational safety culture.
Understanding the reasons behind this staggering statistic requires looking into how fall protection is implemented, or not, on job sites. This includes the physical layout of the worksite, worker training protocols, availability and correct use of personal protective equipment (PPE), and employer compliance with OSHA mandates.
OSHA Fall Protection Standards: What’s Required?
The Occupational Safety and Health Administration (OSHA) requires that any construction job involving work six feet or more above the ground must implement adequate fall prevention measures. These can include:
- Guardrails on platforms, scaffolds, and open sides
- Personal fall arrest systems (PFAS), such as full-body harnesses
- Safety nets where railings or harnesses aren’t feasible
- Covering of floor holes and shaft openings
- Written and enforced training programs
Failure to implement these safeguards not only invites regulatory penalties but also significantly increases the legal liability for any injuries or fatalities that occur.
Employer Duties and Legal Obligations Under U.S. Law
When it comes to workplace injuries, employers bear the legal burden of compliance. This includes:
- Conducting regular hazard assessments tailored to each project
- Ensuring workers receive training in a language and format they understand
- Procuring and maintaining ANSI/OSHA-certified protective gear
- Enforcing safety protocols through jobsite supervision
When these duties are breached, and a worker is harmed or killed, legal action becomes not just viable, but necessary to hold the responsible parties accountable.
EAV Deep Dive
| Entity | Attribute | Value |
|---|---|---|
| Construction Worker | Injury Risk | Falls, Electrocution, Caught-in-Between, Struck-by |
| Safety Equipment | Type | Guardrails, Safety Nets, Full-Body Harnesses |
| OSHA Standard | Fall Protection Trigger Height | 6 feet (1926.501(b)(1)) |
| Employer | Legal Responsibility | Train, Equip, Supervise, Audit |
| Fall Incident | Common Locations | Roofs, Ladders, Scaffolds, Steel Beams, Floor Holes |
| Legal Outcome | Compensation Potential | Lost Wages, Medical Bills, Pain and Suffering, Disability |
Real-World Impact: The Financial and Legal Toll of Fall Accidents
Injury or death due to a construction fall triggers a cascade of legal, medical, and financial consequences:
- Direct Costs: Medical expenses, ambulance fees, long-term care
- Indirect Costs: Project delays, OSHA fines, lost productivity, increased insurance premiums
- Legal Repercussions: Employer lawsuits, third-party litigation, wrongful death claims
- Emotional Toll: Permanent disability, trauma for co-workers, grief for families
For example, OSHA penalties can exceed $15,625 per violation, and if deemed “willful,” fines can go up to $156,259 per incident.
Comparative Risks: Falls vs. Other Construction Hazards
While falls dominate in fatality rates, other risks are worth comparing:
- Falls: 38% of construction deaths
- Electrocution: 7.2%
- Struck-by-object: 7.1%
- Caught-in-between: 5.5%
What sets fall accidents apart is their repeatability and predictability, they can be systematically prevented with the right protocols, making them legally and ethically more egregious when they do occur.
Why Legal Action Is Essential After a Fall
If you or a loved one has suffered from a construction site fall, taking legal action can help uncover systemic issues like:
- Lack of site supervision
- Faulty scaffolding or PPE
- Under-the-table subcontracting practices
- Ignored OSHA inspection violations
Our law firm investigates such claims with in-depth documentation, witness interviews, and access to construction site safety experts to prove negligence.
About Hussain Gutierrez Law: Your Trusted Construction Injury Advocate
Based in Van Nuys, California, we specialize in representing injured workers, including undocumented laborers, who may be afraid to report unsafe working conditions. We speak English and Spanish, ensuring your voice is heard and understood.
Our construction injury attorneys are available to evaluate your case confidentially and aggressively pursue compensation.
FAQs: What People Ask Before Contacting a Construction Injury Lawyer
Can I get compensation if I wasn’t wearing a harness?
Yes, lack of PPE does not automatically disqualify you from compensation. If the employer failed to enforce or provide proper safety measures, they are still liable.
Are undocumented workers eligible to file injury claims?
Absolutely. Under Texas law, immigration status does not affect your right to a safe workplace or compensation after an injury.
How long do I have to file a construction injury claim in Texas?
Generally, the statute of limitations is two years from the date of injury. However, prompt action ensures better evidence preservation.
Can multiple parties be liable in a construction fall?
Yes. Liability can fall on the general contractor, subcontractor, equipment manufacturer, or property owner, depending on the case specifics.
Final Words: Protect Your Rights, Secure Your Future
Construction injuries due to falls are not “accidents”; they are often the result of preventable negligence. Whether it’s a missing harness, an uncovered hole, or untrained coworkers, your injury deserves attention and accountability.
If you or someone you love has been hurt on a construction site, let Hussain Gutierrez Law fight for you.
