I tripped and fell on a job site while trying to retrieve building materials from a storage trailer. Can I recover damages for my shoulder and hand injuries?
Yes. A tripping hazard construction site New York case gives rise to two separate claims: a Workers’ Compensation claim against your employer for medical expenses and lost wages, and a Labor Law lawsuit against the general contractor and building owner for pain and suffering. Both should be pursued simultaneously.
Workers’ Compensation Claim
Your first step is to apply for Workers’ Compensation benefits. You must notify your employer within 30 days of your accident. You also have two years from the date of the accident to file a C-3 claim form with the Workers’ Compensation Board. The Compensation carrier will pay for your medical expenses and provide partial disability benefits to replace lost wages.
Workers’ Compensation pays injured workers 2/3 of their average weekly wage, computed over the 52 weeks prior to the accident, up to the maximum weekly rate. For accidents occurring after July 1, 2025 through June 30, 2026, the maximum rate is $1,222.42 per week.
For a detailed explanation of how Workers’ Compensation works for construction site injuries, see Construction Accident Workers Compensation New York.
Passageways vs. Working Areas: A Critical Distinction
In tripping hazard construction site New York cases, the location of your accident on the job site determines which specific regulation applies under Labor Law § 241(6). This distinction is critical because the wrong regulation will not support your claim.
If you were walking through a passageway — a corridor, walkway, or defined path of travel — the applicable regulation is 12 NYCRR 23-1.7(e)(1), which requires general contractors and owners to keep passageways clear of debris, materials, and obstructions. A prior post covered this regulation in the context of a plumber who tripped on debris left by another trade in a passageway.
In your case, you were not walking through a passageway. You were retrieving materials from a storage trailer — an activity that takes place in a working area. The applicable regulation is 12 NYCRR 23-1.7(e)(2), which requires general contractors and owners to keep working areas clear of debris, scattered tools, and materials that create tripping hazards.
Labor Law § 241(6) — Non-Delegable Duty
Under Labor Law § 241(6), the general contractor and building owner have a non-delegable duty to comply with specific Industrial Code safety regulations, including 12 NYCRR 23-1.7(e)(2). Non-delegable means they cannot shift responsibility to your employer or any subcontractor. Even if your employer created the tripping hazard, the general contractor and owner remain liable for failing to maintain a safe working area.
To bring a successful tripping hazard construction site New York claim under § 241(6), your attorney must establish three things: (1) that you were engaged in construction work at the time of the accident, (2) that there was a tripping hazard in a working area, and (3) that the general contractor or owner violated a specific Industrial Code regulation. The violation of 12 NYCRR 23-1.7(e)(2) has been held by New York courts to be specific enough to support a § 241(6) claim.
Unlike Labor Law § 240, which imposes absolute liability, § 241(6) is subject to comparative negligence. The jury may reduce your damages by the percentage of fault attributed to you. However, the non-delegable duty means the general contractor and owner cannot escape liability entirely regardless of your own conduct.
How Each Case Is Fact-Specific
Construction tripping hazard cases require careful legal analysis. The attorney must first identify a regulation that courts have found to be “specific” under the Labor Law — a regulation that sets a definite standard of conduct rather than a general duty of safety. Then the facts of the case must be matched to prior decisions under that regulation.
In your case, the key facts are: what caused you to trip, where exactly on the job site you were, and whether the condition had been there long enough for the general contractor to have known about it. Photographs of the scene taken immediately after the accident are critical evidence. If you have not already done so, return to the job site with a camera or phone and document the condition before it is cleaned up.
What Damages Are Recoverable
A successful tripping hazard construction site New York lawsuit can recover pain and suffering, loss of enjoyment of life, future medical expenses, and future lost earning capacity — none of which Workers’ Compensation covers. Shoulder and hand injuries frequently require surgery and extended rehabilitation, and the resulting damages in a Labor Law case can be significant.
For a complete overview of Labor Law claims available to injured construction workers, see Labor Law Construction Accident New York.
By James Santner, Esq.
If you have been injured in a tripping hazard accident on a New York construction site, contact our office. Consultations are free and there is no fee unless we win.