Falling from a ladder is one of the most common types of work-related accidents,
particularly in the construction industry. In fact, falls are the most common cause of fatalities in construction. When a worker falls from a ladder, there is also the potential for serious injuries such as head injuries, broken bones, spinal cord damage or even death.
In many cases, ladder accident injuries may cause the worker to lose his or her earning capacity, not to mention the financial strain faced by the victim and his or her family due to mounting medical expenses and other related costs. If you have been injured as a result of falling from a ladder on the job, it is important that you understand your rights in New York State.
New York Laws That Protect Workers
New York laws, particularly the state’s Scaffold Law protects the rights of workers who get injured as a result of falling off a ladder or scaffold. In such cases, in addition to seeking workers’ compensation benefits, workers may be able to file a third-party lawsuit or personal injury lawsuit against the parties who are legally responsible to provide a safe worksite.
For example, under New York’s labor laws, a worker who is injured after falling off a ladder may file a lawsuit against the general contractor, a sub-contractor, the site owner, developer or other entities when ladder safety regulations have been flouted.
The U.S. Occupational Safety and Health Administration (OSHA) sets forth regulations for fall prevention. In addition to labor codes, New York State’s Industrial Code requires that the ladder be secured at the upper and lower end when work is being done on an extension ladder higher than 10 feet above the ground. There is also another rule that sets forth guidelines for the dimensions of the wooden ladder rungs and spacing between the rungs. These regulations are meant to enhance safety and reduce fall hazards for workers.
New York Labor Law 240 or the state’s Scaffold Law, also applies to ladder safety. New York’s Scaffold Law (Section 240 of the New York Labor Code) requires contractors, owners and their agents to be responsible for providing necessary equipment such as scaffolds, ladders, hoists, stays, irons, ropes, blocks braces and other devices to keep workers safe from fall-related accidents. Since this law was enacted in the early part of the 20th century, workers injured in scaffolding and ladder accidents have had the ability to bring civil actions against the contractor and property manager/owner responsible for the safety of the jobsite.
If You Have Been Injured
If you or a loved one has been injured in a New York City ladder accident, here are few important steps that you would be well advised to take in order to protect your rights:
Medical attention: If you have suffered injuries from falling off a ladder, please make sure that you seek and obtain prompt medical attention. This helps ensure that your ladder accident injuries are properly documented and at the same time puts you on the path to recovery.
Accident report: If you have suffered a fall from a ladder at a worksite, report it right away or as soon as possible to your employer. This helps accurately establish the date, time and circumstances of the ladder accident.
Evidence from the scene: Collect as much evidence from the scene as possible. Your personal injury attorney can make sure that the ladder involved is preserved because it is often an important piece of evidence. Try to obtain photos and videos on your cell phone from the scene of the incident. Secure contact information for anyone – passersby, co-workers and others – who may have witnessed your fall. If you are unable to gather such evidence ask a family member, friend or your attorney if they can assist you in doing so.
Contacting an Experienced Lawyer
If you have suffered injuries in a construction-related accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job – one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com