New York City Construction Floor Opening And Shaft Accident Lawyer

Injured In A Fall Through A Floor Opening Or Shaft?

Construction work frequently requires openings to be created in floors, roofs, walls, platforms, and other walking surfaces. These openings may be needed for elevators, stairways, hoists, utilities, plumbing, electrical systems, ventilation, debris removal, and access between levels.

An opening that is left uncovered, inadequately guarded, poorly marked, or concealed by materials can become a deadly fall hazard. A worker may step onto unsecured plywood, trip into a small floor hole, fall through an elevator shaft, or enter an opening that another contractor failed to protect.

Falls through construction openings can cause traumatic brain injuries, spinal cord damage, fractures, internal injuries, paralysis, permanent disability, and death. Workers on the level below may also be injured when tools, materials, or debris fall through an opening.

OSHA defines a hole as a gap or void measuring at least two inches in its smallest dimension in a floor, roof, or other walking or working surface. Federal construction standards require protection against falls through holes, stepping or tripping into holes, and objects falling through holes. (osha.gov)

If you were injured because of an open shaft, floor opening, roof opening, missing cover, defective guardrail, or another unprotected construction hazard, speak with a lawyer promptly. Openings may be covered, repaired, altered, or removed soon after an accident.

The attorneys at The Dearie Law Firm, P.C. represent workers injured in serious New York City construction accidents. Call (212) 970-6500 or contact us online for a free consultation.

Floor Opening And Shaft Accident Cases We Handle

Our attorneys investigate construction accidents involving:

• Uncovered floor holes
• Unprotected elevator shafts
• Open hoistways
• Stairwell openings
• Roof openings
• Skylights
• Mechanical shafts
• Utility openings
• Plumbing penetrations
• Electrical penetrations
• Ventilation and duct openings
• Floor openings used for material delivery
• Debris chute openings
• Unfinished stairways
• Missing floor sections
• Openings in temporary flooring
• Openings concealed by debris or building materials
• Missing or defective guardrails
• Loose or unsecured plywood covers
• Covers that break or collapse
• Covers displaced by workers or equipment
• Improperly marked hole covers
• Workers required to operate close to an opening
• Falling tools and materials passing through openings
• Fatal falls through construction openings

The legal claims available depend on how the opening was created, why it was left exposed, what protection was provided, who controlled the area, and what work the injured person was performing.

What Counts As A Construction Floor Opening?

Construction openings vary greatly in size and purpose.

They may include:

• Small openings for pipes, conduit, drains, or wiring
• Larger openings for ducts and mechanical systems
• Stairwell openings between floors
• Elevator and hoist shafts
• Access openings used by workers
• Material-loading openings
• Openings created during demolition
• Skylights and roof penetrations
• Missing sections of temporary decking
• Open pits, vaults, and equipment wells
• Openings left after machinery or fixtures are removed

Under OSHA’s construction fall-protection definitions, a hole begins at two inches in its smallest dimension. An opening in a wall is separately defined based on its height, width, and whether a worker could fall through it to a lower level. (osha.gov)

The meaning of a hazardous opening under New York law is not always identical to OSHA’s definition. The size, depth, configuration, location, and possibility that a person could fall through the opening may affect which New York Industrial Code provisions apply.

A worker should not assume an opening was too small to support a claim. Even when a person does not fall completely through a hole, stepping into it may cause fractures, ligament damage, a twisting injury, or a secondary fall from another elevated surface.

Why Floor Openings And Shafts Are So Dangerous

Construction sites constantly change. An opening that was covered in the morning may be uncovered later so another contractor can install equipment or pass materials between floors.

Workers may not know:

• Who removed a cover
• Whether a cover was secured
• Whether plywood can support their weight
• Whether the opening extends to the floor below
• Whether a shaft is hidden behind temporary material
• Whether lighting is sufficient
• Whether the area has been inspected
• Whether an opening was recently created
• Whether equipment has damaged the cover or guardrail

A covering may look solid while resting loosely over the opening. A worker may step onto it, causing the cover to slide, tip, crack, or collapse.

The risk increases when workers carry materials that block their view, walk backward while guiding equipment, work in poorly lit areas, or move through unfamiliar portions of the site.

Common Causes Of Floor Opening And Shaft Accidents

Uncovered Floor Holes

Some construction openings are left completely uncovered.

An uncovered hole may result from:

• Failure to install a cover
• Removal of a cover for ongoing work
• Failure to replace a cover
• Lack of coordination between contractors
• Materials being passed through the opening
• Demolition of an existing floor section
• Removal of equipment or utilities
• Failure to inspect the area
• A contractor assuming another company was responsible
• Pressure to continue work before protection was installed

OSHA requires workers on walking and working surfaces to be protected from falling through holes more than six feet above lower levels. Protection may include covers, guardrail systems, or personal fall-arrest systems. Workers must also be protected from stepping or tripping into holes and from objects falling through them. (osha.gov)

Loose Or Unsecured Plywood Covers

Placing plywood over an opening does not necessarily make it safe.

A cover may fail because it is:

• Not fastened in place
• Too thin
• Cracked or deteriorated
• Too small for the opening
• Resting on an inadequate supporting surface
• Damaged by water
• Previously struck by equipment
• Concealed beneath another material
• Not designed for the expected load
• Missing structural support
• Installed with gaps around its edges
• Capable of sliding, rotating, or tipping

OSHA requires hole covers to be secured so wind, workers, or equipment cannot accidentally displace them. Covers must also be capable of supporting the loads that may be placed upon them. (osha.gov)

New York courts have recognized that a plywood cover that slides, flips, or fails may be an inadequate safety device in a qualifying elevation-related accident. The application of New York Labor Law depends on the worker’s activity and the specific facts.

Covers That Cannot Support The Expected Load

A floor-hole cover must be strong enough for the people, tools, equipment, and materials that may cross it.

OSHA requires most covers to support at least twice the combined weight of employees, equipment, and materials that may be imposed upon them at one time. Covers in roadways or vehicular aisles must support at least twice the maximum axle load of the largest vehicle expected to cross them. (osha.gov)

A cover may collapse when:

• Several workers stand on it
• A loaded cart crosses it
• A forklift or power buggy drives over it
• Materials are stored on top of it
• Equipment is rolled across it
• The cover has been weakened by weather
• The supporting frame is incomplete
• The opening is larger than expected
• The cover was designed only as a visual barrier

The investigation should determine what loads the cover was expected to withstand and whether anyone evaluated its strength before workers entered the area.

Missing Labels Or Warning Markings

A worker may reasonably mistake a plywood cover for part of the floor.

OSHA requires hole covers to be color-coded or marked with the word “HOLE” or “COVER” so they provide a visible warning. (osha.gov)

A marking may be inadequate when it is:

• Missing
• Faded
• Covered by dust or debris
• Written too small
• Written on the underside
• Hidden beneath materials
• In a language workers cannot understand
• Applied to only one portion of a large cover
• No longer visible because the cover was moved

A warning does not correct a cover that is structurally inadequate or capable of being displaced.

Elevator And Hoist Shaft Openings

Elevator shafts and hoistways may extend through several floors of a building. A fall into one can be fatal.

Shaft accidents may occur because of:

• Missing guardrails
• Temporary guardrails that collapse
• An open access gate
• A gate that does not latch
• Removal of protection for material delivery
• Inadequate shaft lighting
• Loose plywood
• Workers entering the shaft without fall protection
• Missing barricades
• Openings concealed by plastic sheeting or debris
• Failure to coordinate elevator and construction contractors
• Work performed from temporary platforms inside the shaft
• Failure to inspect protection at each floor

Learn more about elevator, hoist, and material-lift accidents.

A shaft opening may require several forms of protection, including a substantial cover, guardrail system, access gate, personal fall-arrest equipment, or a properly constructed working platform.

Stairwell Openings

Stairways are installed in stages. Before the permanent stairs and railings are completed, the opening between floors can create a major fall hazard.

Workers may fall because:

• Temporary railings are missing
• A stairwell is covered with loose material
• The temporary stairs end unexpectedly
• A railing has been removed for material delivery
• Lighting is inadequate
• Debris blocks the designated path
• Workers use an unfinished stairway
• No ladder or alternative means of access is provided
• Temporary flooring near the stairwell is incomplete
• The opening is concealed by tarps, plastic, or stored material

OSHA requires a stairway or ladder at personnel access points where there is an elevation change of at least 19 inches and no ramp, runway, sloped embankment, or personnel hoist is available. Employers must install the required stairway and ladder protection before workers begin the work requiring that access. (osha.gov)

Skylights And Roof Openings

OSHA’s construction fall-protection rules expressly include skylights among the holes through which workers must be protected from falling. (osha.gov)

A skylight may not be capable of supporting a worker’s weight. A worker can fall through:

• A skylight panel
• A skylight opening awaiting installation
• A damaged skylight
• A temporary plastic covering
• An opening concealed by roofing material
• A skylight obscured by snow, dust, or debris

Protection may require a compliant cover, guardrail system, or personal fall-arrest system.

A warning line located elsewhere on the roof should not be confused with physical protection over or around the skylight itself.

Mechanical, Plumbing, And Electrical Openings

Mechanical, electrical, and plumbing work may require holes for:

• Pipes
• Conduit
• Cable
• Drainage
• Ductwork
• Sprinkler systems
• Ventilation
• Heating and cooling systems
• Equipment connections
• Utility risers

These openings may begin small and later become larger as installation work progresses.

A worker may step into a floor penetration while carrying materials or moving equipment. Even when the worker does not fall to a lower floor, the sudden drop can cause knee, ankle, hip, back, or shoulder injuries.

Electrical work near an open shaft or floor hole may create both fall and electrocution risks. Learn more about construction electrical accidents and electrocution injuries.

Openings Created During Demolition

Demolition work can expose openings that did not exist when the project began.

These may result from:

• Removal of floors
• Removal of stairways
• Removal of machinery
• Removal of walls
• Creation of debris chutes
• Removal of elevators
• Structural dismantling
• Utility removal
• Partial collapse
• Cutting concrete or steel

Workers may not be informed that a new opening was created. Protection that was appropriate before demolition may no longer be sufficient after the surrounding floor or structure has been altered.

Learn more about New York City demolition accidents.

Openings Used To Pass Materials

Some openings are intentionally used to move tools, debris, equipment, or building materials between levels.

OSHA permits removable guardrail sections in certain material-passage areas, but the opening must be covered or guarded when it is not in use. Guardrails around holes used for material passage generally may have no more than two removable sides. (osha.gov)

An accident may occur when:

• The opening remains unprotected after delivery
• Workers remove more railing than necessary
• No one controls access
• Materials obstruct the worker’s view
• Workers stand beside the opening while guiding a load
• A cover is placed loosely over the opening
• The designated signal person cannot see the work
• The hoisting operation pulls a worker toward the edge
• A load strikes the guardrail or cover

Open Ladderway Access Points

An opening used for ladder access should not allow a worker to walk directly into the hole.

OSHA requires guardrails around holes used as access points to include a gate or to be offset so a person cannot walk directly into the opening. (osha.gov)

An access opening may be dangerous when:

• The gate is missing
• The gate opens toward the hole
• The gate does not close
• A chain is used but left disconnected
• The ladder does not extend to a safe landing point
• The opening is not illuminated
• Materials block access to the ladder
• Workers must step around an unprotected edge
• The railing is too weak to stop a fall

Guardrails That Are Missing Or Defective

A guardrail must be capable of functioning as a protective barrier. A decorative strip, warning tape, rope, or loosely installed piece of lumber may not provide effective protection.

Problems may include:

• Missing top rails
• Missing midrails
• Improvised railings
• Loose posts
• Inadequate height
• Excessive openings
• Damaged components
• Railings removed by another contractor
• Railings that are not anchored
• Chains or gates left open
• Railings struck by machinery
• Failure to inspect the system after alteration

When guardrails are used around holes, OSHA requires them on all unprotected sides or edges. (osha.gov)

Poor Lighting And Concealed Openings

An opening may be difficult to see in:

• Basements
• Interior renovation areas
• Elevator machine rooms
• Mechanical floors
• Unfinished buildings
• Demolition zones
• Nighttime work areas
• Stairwells
• Utility spaces
• Areas where temporary power has failed

Dust, smoke, plastic sheeting, stored material, or construction debris may further conceal the opening.

A worker may be directed through the area without a flashlight, temporary lighting, warning sign, barricade, or escort.

Poor lighting may also prevent a worker from recognizing that a floor cover is loose, damaged, or different from the surrounding surface.

Materials And Debris Covering A Hole

Building materials may conceal an opening from view.

Examples include:

• Cardboard
• Plastic sheeting
• Roofing material
• Insulation
• Drywall
• Plywood scraps
• Demolition debris
• Drop cloths
• Tarps
• Packaging
• Dust and dirt
• Snow or water

A worker may step onto what appears to be a continuous surface and fall into the concealed opening.

Read more about construction accidents caused by debris.

Failure To Provide Personal Fall Protection

Some work must be performed close to the edge of an opening. A cover or guardrail may be temporarily removed because the worker needs access to the shaft, hoistway, utility opening, or material passage.

Depending on the work, protection may require:

• A full-body harness
• An appropriate lanyard
• A self-retracting lifeline
• A properly rated anchorage
• A horizontal or vertical lifeline
• A safety net
• A secured working platform
• Controlled removal and replacement of guardrails
• A rescue plan
• Training and supervision

Providing a harness without a usable anchorage may not protect the worker. The entire fall-arrest system must be selected, installed, and used properly.

Learn more about construction worker fall accidents in New York.

Objects Falling Through Openings

Openings create hazards for workers on the floors below.

Objects that may fall through include:

• Tools
• Fasteners
• Concrete
• Metal
• Pipes
• Lumber
• Electrical components
• Debris
• Equipment parts
• Materials being hoisted
• Items displaced by carts or machinery

OSHA requires workers to be protected from objects falling through holes. Covers, toeboards, barricades, controlled-access areas, debris nets, and other protective measures may be necessary. (osha.gov)

Learn more about falling-object construction accidents.

OSHA Requirements For Construction Floor Openings

OSHA’s construction fall-protection standards address both the obligation to protect workers and the performance requirements for the protective systems.

Protection From Falls Through Holes

Under OSHA Standard 1926.501, workers must be protected from falling through holes, including skylights, more than six feet above lower levels.

The permitted protective methods may include:

• Personal fall-arrest systems
• Covers
• Guardrail systems

The standard also requires protection against stepping or tripping into holes, regardless of whether the opening creates a six-foot fall, and against objects falling through holes.

Strength Of Hole Covers

Under OSHA Standard 1926.502:

• Covers in roadways and vehicular aisles must support at least twice the maximum axle load of the largest vehicle expected to cross them.
• Other covers must support at least twice the combined weight of workers, equipment, and materials that may be placed upon them at one time.
• Covers must be secured against accidental displacement.
• Covers must be color-coded or marked with “HOLE” or “COVER.”

These requirements address different forms of cover failure. A cover can be strong enough but still dangerous because it slides. It can be secured but too weak to support the expected load. It can also be structurally adequate but difficult for workers to identify.

Guardrails Around Holes

When guardrails are used around a hole, OSHA requires them on all unprotected sides and edges.

Additional requirements apply to:

• Openings used for material passage
• Openings used as ladder-access points
• Removable guardrail sections
• Gates and offset entrances
• Protection from falling objects
• Ramps and runways

The required protection must be installed before the employee begins the work that creates the need for fall protection. 

Access Between Levels

OSHA’s stairway and ladder requirements address access between different construction levels.

When there is an elevation change of at least 19 inches, employers generally must provide a stairway, ladder, ramp, runway, sloped embankment, or personnel hoist. Access points must be kept clear, and the required protective systems must be installed before employees begin using them.

An OSHA violation does not automatically establish every element of a New York personal injury lawsuit. It may nevertheless provide important evidence about the recognized hazard, required protection, and safety failures that contributed to the accident.

New York Industrial Code Requirements

New York Industrial Code Part 23 contains safety requirements for construction, demolition, and excavation work.

One potentially important provision is 12 NYCRR 23-1.7(b)(1), which addresses hazardous openings. It generally requires a hazardous opening into which a person may step or fall to be protected by a substantial cover fastened in place or by a compliant safety railing.

New York courts have held that this provision is sufficiently specific to support certain Labor Law § 241(6) claims. However, it does not apply automatically to every depression, gap, or small hole. Courts evaluate the opening’s size, depth, configuration, and whether a person could step or fall through it.

Where workers must operate close to an opening, other protective requirements may apply depending on the work and the opening involved.

The specific Industrial Code provisions should be selected based on the actual accident rather than copied from a generic list.

Common Floor Opening And Shaft Injuries

Falls through construction openings can cause:

• Traumatic brain injuries
• Concussions
• Skull fractures
• Spinal cord injuries
• Paralysis
• Neck injuries
• Back injuries
• Broken arms and legs
• Hip and pelvic fractures
• Shoulder injuries
• Knee injuries
• Ankle injuries
• Foot injuries
• Internal bleeding
• Organ damage
• Crush injuries
• Nerve damage
• Lacerations
• Impalement injuries
• Amputations
• Scarring and disfigurement
• Psychological trauma
• Permanent disability
• Fatal injuries

A worker may strike several surfaces during the fall, including beams, pipes, ductwork, equipment, or the sides of the shaft.

A worker whose leg enters a smaller opening may suffer serious twisting or impact injuries even without falling to the level below.

New York Labor Laws That May Apply

Floor-opening and shaft accidents may support claims under New York Labor Law §§ 200, 240, and 241, depending on the work, accident mechanism, and parties involved.

New York Labor Law § 240

New York Labor Law § 240 applies to certain elevation-related hazards encountered during covered construction activities.

A qualifying claim may involve:

• A worker falling through an unprotected floor opening
• A worker falling into an elevator or hoist shaft
• A plywood cover sliding or collapsing
• A temporary platform failing
• A worker falling through an opening while performing demolition
• A worker falling after a guardrail is removed
• A worker required to operate beside an opening without proper fall protection
• A falling object passing through an opening and striking a worker below

Section 240 does not automatically apply every time a worker trips into a hole or encounters a floor defect. The work must fall within the statute, and the accident must involve the type of elevation-related risk the law addresses.

New York courts have repeatedly applied Section 240 to qualifying accidents involving workers who fell through unguarded openings or through inadequate covers.

New York Labor Law § 241(6)

New York Labor Law § 241 requires reasonable and adequate protection during construction, demolition, and excavation work.

A Section 241(6) claim generally requires proof that:

• A sufficiently specific Industrial Code provision applied
• The provision was violated
• The violation contributed to the accident

Potentially relevant provisions may address:

• Hazardous openings
• Covers
• Safety railings
• Falling objects
• Stairways
• Passageways
• Lighting
• Debris
• Working platforms
• Ladders
• Personal protective equipment

Industrial Code 12 NYCRR 23-1.7(b)(1) may be important when a worker falls through a sufficiently significant hazardous opening that lacked a substantial fastened cover or safety railing.

New York Labor Law § 200

New York Labor Law § 200 reflects the general duty to provide reasonable and adequate protection to workers.

A Section 200 claim may involve:

• A dangerous opening in the property
• An owner or contractor that created the opening
• An opening that existed long enough to be discovered
• An unsafe method of performing work around the opening
• A contractor that directed workers into the hazardous area
• Failure to replace a cover or railing
• Failure to coordinate the work of different trades
• Failure to inspect or correct the condition
• Inadequate lighting
• Debris concealing the opening

Liability may depend on whether the accident arose from a dangerous property condition or the means and methods of the work.

For a premises condition, the investigation may focus on whether a defendant created or knew about the hazard. For a means-and-methods claim, the investigation may focus on who supervised or controlled the work that caused the accident.

Workers’ Compensation And Third-Party Lawsuits

An injured construction worker may have both a workers’ compensation claim and a separate claim against a third party.

Workers’ Compensation Benefits

New York workers’ compensation may provide:

• Necessary medical treatment
• A portion of lost wages
• Temporary disability benefits
• Permanent disability benefits
• Benefits for reduced earning capacity
• Certain death benefits for surviving dependents

Workers generally do not need to prove that their employer caused the accident to seek workers’ compensation.

Workers’ compensation ordinarily prevents an employee from suing the direct employer for ordinary negligence.

Read more about New York workers’ compensation benefits.

Third-Party Construction Accident Lawsuits

Workers’ compensation does not necessarily prevent a lawsuit against someone other than the injured worker’s direct employer.

Potential third parties may include:

• The property owner
• The general contractor
• The construction manager
• Another subcontractor
• An elevator contractor
• A demolition contractor
• A concrete contractor
• A carpentry contractor
• A safety company
• An engineering company
• An equipment company
• A company that created or removed the opening
• Another party responsible for site safety

A third-party lawsuit may seek compensation that workers’ compensation does not provide, including damages for pain and suffering and the full effect of the injury on the worker’s future.

Learn more about third-party liability after a New York construction accident.

Who May Be Responsible For An Unprotected Opening?

Determining responsibility requires identifying who:

• Created the opening
• Installed the cover
• Removed the cover
• Installed or removed the guardrail
• Controlled the floor or work area
• Inspected the opening
• Directed work around the opening
• Supplied fall-protection equipment
• Controlled access to the shaft
• Failed to replace protection
• Stored materials over the opening
• Damaged the cover or railing
• Had authority to stop unsafe work

Potentially responsible parties may include:

• Property owners
• General contractors
• Construction managers
• Concrete contractors
• Carpentry contractors
• Demolition contractors
• Elevator contractors
• Mechanical contractors
• Electrical contractors
• Plumbing contractors
• Safety consultants
• Equipment owners
• Other subcontractors

The contractor that created the opening may differ from the company responsible for protecting it. Another contractor may later remove the cover or railing.

Contracts, daily reports, photographs, work schedules, and witness testimony can help determine which company had responsibility at the time of the accident.

What To Do After A Floor Opening Or Shaft Accident

Get Emergency Medical Care

Falls through openings can cause internal, neurological, and spinal injuries that are not immediately obvious.

Report every symptom, including:

• Headaches
• Dizziness
• Confusion
• Memory problems
• Neck or back pain
• Numbness
• Weakness
• Abdominal pain
• Difficulty breathing
• Hip or pelvic pain
• Knee or ankle pain
• Vision or hearing changes

Follow the recommended treatment plan and attend follow-up appointments.

Report The Accident

Report the accident to your:

• Employer
• Foreman
• Supervisor
• Union representative
• Site-safety personnel

Identify:

• The exact opening
• The floor and location
• Whether a cover was present
• Whether the cover moved or broke
• Whether guardrails were present
• Whether lighting was adequate
• Whether another contractor had recently worked there
• Whether anyone removed the protection
• Whether you were given fall-protection equipment

Request a copy of the incident report. Do not sign a description that is inaccurate or incomplete.

Photograph The Opening And Surrounding Area

When it can be done safely, photograph:

• The opening
• The floor below
• The cover
• Fasteners or the absence of fasteners
• Guardrails
• Gates and chains
• Warning markings
• Lighting
• Debris
• Materials stored nearby
• Footprints or damage
• The access route
• Your tools
• Your clothing and safety equipment
• Your visible injuries

Photographs should show both close details and the wider area.

Do not enter an unsafe area merely to obtain photographs.

Preserve The Cover And Safety Equipment

The cover, guardrail, gate, harness, lanyard, anchorage, and other equipment may provide important evidence.

Do not allow relevant materials to be discarded, repaired, reused, or altered before they can be inspected.

A lawyer may send preservation notices seeking to prevent the destruction of physical and electronic evidence.

Identify Witnesses

Obtain names and contact information for:

• Coworkers
• Foremen
• Supervisors
• Site-safety personnel
• Workers from other trades
• Anyone who installed or removed the cover
• Anyone who inspected the opening
• Anyone who saw the accident
• Anyone who saw the condition before the accident
• People involved in the rescue

Workers and subcontractors may leave the project before a claim is investigated.

Preserve Documents And Communications

Keep copies of:

• Accident reports
• Medical records
• Photographs and videos
• Text messages
• Emails
• Safety complaints
• Work assignments
• Daily reports
• Training records
• Pay information
• Union documents
• Names of contractors at the site
• Information about the floor or shaft involved

Avoid Recorded Statements Without Legal Advice

Insurance representatives may ask you to provide a recorded statement shortly after the accident.

Do not speculate about:

• Why the opening was uncovered
• Who removed the cover
• Whether you should have seen it
• Whether a warning was present
• Whether you had another route
• Whether fall protection was available
• Who was responsible

Speak with an attorney before providing a recorded statement to an insurer representing a potential defendant.

Contact A Lawyer Promptly

Evidence can disappear quickly after a floor-opening accident.

A contractor may:

• Replace the cover
• Add screws or fasteners
• Install a guardrail
• Paint warning markings
• Remove the opening
• Complete the surrounding floor
• Repair lighting
• Move stored materials
• Delete camera footage
• Alter daily reports
• Transfer workers to another project

Projects involving New York City, NYCHA, the MTA, a public school, or another government entity may also involve special notice requirements and shorter deadlines.

Compensation Available After A Floor Opening Accident

Depending on the claims available, an injured worker may seek compensation for:

• Medical expenses
• Future medical care
• Surgery
• Hospitalization
• Rehabilitation
• Physical therapy
• Occupational therapy
• Psychological treatment
• Lost wages
• Reduced earning capacity
• Permanent disability
• Pain and suffering
• Emotional trauma
• Scarring
• Disfigurement
• Loss of enjoyment of life
• Household assistance
• Assistive equipment
• Out-of-pocket expenses

When a floor-opening or shaft accident causes a death, eligible family members may have claims for workers’ compensation death benefits, wrongful death damages, funeral expenses, and other losses permitted by New York law.

How Our Floor Opening Accident Lawyers Investigate A Case

An investigation may include:

• Inspecting and documenting the opening
• Measuring its dimensions and depth
• Examining the cover
• Testing the cover’s materials and strength
• Determining how the cover was secured
• Inspecting guardrails, gates, and barricades
• Identifying who created the opening
• Identifying who installed or removed protection
• Reviewing construction contracts
• Reviewing daily reports and site logs
• Examining floor plans and shop drawings
• Reviewing elevator and mechanical plans
• Obtaining photographs and surveillance footage
• Reviewing safety inspection records
• Examining fall-protection plans
• Reviewing toolbox talks and training records
• Obtaining work schedules and trade coordination records
• Interviewing witnesses
• Reviewing OSHA and Department of Buildings records
• Preserving physical evidence
• Consulting engineers, safety professionals, physicians, and other experts

The investigation should determine both the immediate cause of the fall and the planning, supervision, inspection, coordination, and safety failures that allowed the opening to remain dangerous.

Frequently Asked Questions About Floor Openings And Shafts

Can I Sue My Employer After Falling Through A Floor Opening?

New York workers’ compensation generally prevents an employee from suing the direct employer for ordinary negligence.

A lawsuit may still be available against a property owner, general contractor, construction manager, another subcontractor, equipment company, or another responsible third party.

Can I Receive Workers’ Compensation And File A Lawsuit?

Potentially. Workers’ compensation and a third-party personal injury lawsuit are separate claims.

An injured worker may receive workers’ compensation benefits while pursuing a claim against someone other than the direct employer. The claims must be coordinated because the workers’ compensation carrier may have lien or reimbursement rights.

Does Labor Law § 240 Apply To A Fall Through A Floor Opening?

It frequently may apply when a worker performing covered construction work falls through an unprotected opening or because a required cover, railing, platform, or other safety device fails.

Section 240 does not automatically apply to every hole or floor defect. The worker’s activity, elevation risk, safety device, and accident mechanism must be evaluated.

What If The Opening Was Covered With Plywood?

The existence of plywood does not necessarily mean the opening was adequately protected.

The investigation should determine whether the plywood was:

• Strong enough
• Properly supported
• Secured against movement
• Large enough to cover the entire opening
• Clearly marked
• Damaged or deteriorated
• Appropriate for the expected loads

A cover that slides, tips, cracks, or collapses may be inadequate.

What If I Was Told Not To Enter The Area?

A warning may be relevant, but it does not automatically eliminate a claim.

The investigation should determine:

• Whether the opening was properly protected
• Whether the worker was directed into the area
• Whether another route was available
• Whether the warning was clear
• Whether the worker had appropriate safety equipment
• Whether the defendants complied with their legal duties

The effect of the instruction depends on the facts and legal claim involved.

What If I Did Not Fall All The Way Through?

You may still have a claim.

A worker can suffer serious injuries when a foot or leg enters a hole, even if the worker catches himself or remains on the same floor.

The legal analysis may differ from a complete fall to a lower level, but negligence, Labor Law § 200, Labor Law § 241(6), or other claims may still apply.

What If The Hole Was Small?

OSHA defines a hole as a gap or void of at least two inches in its smallest dimension.

New York Industrial Code claims involving a hazardous opening require a separate legal analysis. Courts consider whether the opening was sufficiently significant in size and depth for the particular rule to apply.

A small opening can still cause a serious trip, twisting injury, or fall and may support other legal claims.

What If Another Contractor Removed The Cover?

The contractor that removed the cover may be a potential defendant.

The owner, general contractor, construction manager, or other parties may also have responsibilities depending on their statutory duties, control of the area, notice of the condition, and authority over the work.

What If I Fell Into An Elevator Shaft?

Elevator-shaft accidents may support claims under Labor Law §§ 200, 240, and 241(6), depending on the circumstances.

The investigation should identify:

• Who controlled the shaft
• Who installed the barricade or cover
• Whether the shaft was properly guarded
• Whether fall protection was provided
• Whether the elevator contractor was working in the area
• Whether protection had been removed for deliveries or installation

Does An OSHA Violation Automatically Prove My Case?

No. An OSHA violation may provide important evidence, but it does not automatically establish every element of a New York personal injury lawsuit.

Its significance depends on the violated provision, the responsible party, the worker’s activity, and whether the violation contributed to the accident.

What If I Was Partly At Fault?

Do not assume that partial fault prevents a claim.

Comparative negligence may affect some claims. In a proper Labor Law § 240 case, ordinary comparative negligence is generally not a defense, although defendants may argue that the worker’s actions were the sole proximate cause.

The result depends on the evidence and legal theory.

How Long Do I Have To File A Claim?

Deadlines vary depending on the type of claim and identity of the defendants.

Workers’ compensation claims, personal injury lawsuits, wrongful death cases, and claims involving government entities follow different procedures.

Contact a lawyer promptly rather than relying on a general deadline.

Speak With A New York City Floor Opening Accident Lawyer

A fall through an uncovered hole, elevator shaft, stairwell, skylight, or defective floor cover can leave a construction worker with permanent injuries, extensive medical treatment, lost income, and an uncertain ability to return to the same trade.

The Dearie Law Firm, P.C. represents workers injured by unprotected floor openings, defective covers, missing guardrails, open shafts, unsafe stairwells, skylights, and other fall hazards throughout New York City.

Call (212) 970-6500 or send us a message for a free consultation. Construction accident cases are handled on a contingency-fee basis, which means there is no attorney’s fee unless a recovery is obtained for you.

Para información en español, visite nuestro sitio de abogados de accidentes de construcción en Nueva York