How Broken OSHA Rules Change NY Construction Accident Claims

 Posted on September 12, 2025 in Personal Injury

The construction industry has the most fatal injuries and accidents, with more than 20 percent of all workplace fatalities occurring in construction. In 2023, construction accounted for about 1,075 construction deaths, and this trend has remained steady. The majority of fatalities in the construction industry are due to falls, slips, and trips (often from a ladder, a roof, or scaffolding), caught in-betweens, and electrocutions.  

The Occupational Safety and Health Administration (OSHA) is a federal agency under the U.S. Department of Labor that sets and enforces standards to ensure workers have safe working conditions. OSHA’s mission is to prevent workplace injuries, illnesses, and deaths by enforcing regulations and conducting workplace inspections.

If you or a loved one has been involved in a serious construction accident, it is in your best interests to speak to a knowledgeable Metro New York personal injury lawyer. Your lawyer will determine whether your workplace had OSHA violations and whether these violations contributed to your accident.

The Top Four OSHA Violations on Construction Sites

The most common OSHA violations on construction sites include:

• Lack of fall protection (29 CFR 1926.501)
• Lack of communication regarding potential hazards (29 CFR 1910.1200)
• Lack of sufficient control over hazardous materials and energy (29 CFR 1910.147)
• Failure to use Ladders correctly and safely (29 CFR 1926.1053)

Other common construction violations on construction sites include a lack of respiratory protection, a lack of fall protection training, scaffolding safety violations, failure to wear eye and face protection, and a lack of machine guards.

What Changes When a Construction Company Violates OSHA Rules and an Accident Occurs?

Although many construction accidents fall under workers’ compensation, this can change when an employer or contractor violates federal OSHA regulations. In these cases, the accident is much more than a workplace mishap. There may be a clear breach of federal safety law, which could open the door to a personal injury claim, additional liability, and potentially, significantly higher compensation.

OSHA citations for violations can be used as evidence of negligence or unsafe conditions that the construction company failed to remedy. A New York City construction injury case is significantly strengthened when the construction company receives OSHA citations, proving liability in a third-party lawsuit (even more important since injured workers generally cannot sue their employer).

OSHA violations prove that the contractor or subcontractor failed to adhere to established safety standards, which, in turn, makes it easier to hold them accountable for the accident. An OSHA citation directly indicates a failure to follow recognized safety standards in the industry, which is a breach of a company’s legal duty to protect workers.  

How to Use OSHA Violations in a Lawsuit

Those injured on a construction site should report the hazard that caused the accident to OSHA. Request any OSHA inspection reports, citations, or letters issued to the employer, and consult with an experienced construction accident lawyer who can use the OSHA findings to prove negligence. New York also has its own labor laws that may interact with OSHA.

Two of these that could impact a personal injury claim following a construction accident include New York Labor Law 240 ("Scaffold Law"), which imposes strict liability for falls from heights, and New York Labor Law 241(6), which requires compliance with specific safety codes, which may overlap with many OSHA standards.  

Using OSHA reports, witness testimony, and site inspections in court can lead to a more favorable outcome in a personal injury claim, as OSHA violations strengthen the claim. It is essential to act quickly before any crucial evidence disappears.

Contact a Metro New York Construction Accident Lawyer

If you suspect OSHA violations played a role in your construction accident, you may have more legal options than you realize. Having a skilled Metro New York construction accident attorney from Ivey, Barnum & O'Mara, LLC is important as these cases often involve complex state and federal regulations. Our attorneys are actively involved in local civic and charitable organizations and have held numerous positions, including seats in the U.S. Congress and Senate, as well as serving as Probate Judge. Call 203-661-6000 to schedule your free consultation.