I am a construction worker. Wall board fell on me while I was retrieving my tools. The accident occurred next to the building on which we were working. The area was a space where many trades had stored their materials and tools while the job was ongoing. What are my rights?

Worker’s Compensation Claim

You should immediately notify your employer about your accident. Your employer’s Compensation Carrier will cover your medical expenses as well as part of your lost wages. You have 30 days after the accident to notify your employer. However, you should notify them as soon as possible. The steps to begin a Compensation claim are listed in a prior post.

Labor Law Claim

The incident you described indicates there was a problem walking among all the building materials and tools. This is a case covered by Labor Law § 241(6). The passageway where you were walking was not clear and caused your accident. I explained in a prior post the law covering this claim. There could also be a claim under Labor Law § 240. Labor Law § 240 protects workers from elevated risks at a job site.

The issue that may present trouble to your case is the location. You said that the location where your accident occurred was not in the area where construction was ongoing. The location of your accident seems to be a staging area where different trades had left materials as well as tools.

“Construction Site”

The Labor Law protects only workers injured on a construction site. So a possible issue for your case will be if this staging area is part of the construction site.

The duty for a safe working area under the Labor Law extends to an area where materials or equipment are being readied for use. Gonnerman v Huddleston, 78 AD3d 993, 913 NYS2d 670 (2d Dept 2010). (A driver delivered light poles, wires and light fixtures. The equipment was part of a highway construction project. The driver was struck by a car while unloading equipment in a staging area off of the highway. The Court found the general contractor had a duty to safeguard the delivery driver.)

See also Seem v. Premier Camp Co., 200 A.D.3d 921, 161 N.Y.S.3d 117 (2d Dept. 2021). (A dump truck driver was injured while unloading gravel in a staging area in preparation for resurfacing parking lot.) And see Karwowski v. 1407 Broadway Real Estate, LLC, 160 A.D.3d 82, 73 N.Y.S.3d 30 (1st Dept. 2018). (A worker injured his thumb on table saw that was located on the 16th floor of a high-rise. The actual construction work was on the 41st and 42nd floor. The Court found the 16th floor could be a staging area.)

The key factor is the circumstances of the work being done. If the location is a place where materials are being readied for use as opposed to just being stored, then the area is a construction site. Gerrish v. 56 Leonard LLC, 147 A.D.3d 511, 513, 48 N.Y.S.3d 32 (1st Dept. 2017).

Limits to “Construction Site”

There are limits to what constitutes a construction site. The Labor Law does not apply for an injury that took place in a parking lot that was not contained within, contiguous to, or an integral part of the construction site. Sprague v Louis Picciano, Inc.,100 AD2d 247, 474 NYS2d 591 (3d Dept 1984). Additionally, the Labor Law does not apply to an accident that took place while the worker was engaged in fabricating steel bridge components at his employer’s facility rather than at the construction site itself. Davis v Wind-Sun Const., Inc., 70 AD3d 1383, 894 NYS2d 621 (4th Dept 2010).

Thus, your particular case falls within the protection of the Labor Law because your accident occurred where materials and tools were being readied for use. Therefore, you will be able to sue the owner and general contractor on the job site for your personal injuries.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.