Falling from a ladder is one of the most common types of accidents on a construction site. Tragically, when a worker falls from heights, he or she may end up suffering serious injuries such as multiple broken bones, herniated discs, head trauma, spinal cord damage, etc. These types of injuries can prove devastating for the victim and his or her family leading to mounting medical expenses, permanent injuries, lost wages and benefits, physical pain and mental suffering. If you or a loved one has been injured as a result of a ladder fall on the job, you are entitled to certain legal protections as a worker in New York State.
Common Causes of Ladder Accidents
Construction companies, owners, managers, general contractors and other parties are responsible for making sure that workers have the equipment they need to do their jobs, adequate safety training that provides them the knowledge of how to do their jobs and safety equipment such as hard hats, goggles, fall restraint systems and safety nets that will help protect them when they are working.
There are a number of reasons why ladder accidents occur including:
Wrong ladder for the job: It is important to consider the height of the job and the correct height of the ladder to do that job. Often times, ladders that are too short for the job cause accidents. Ladders should not be placed on objects to extend its reach. Standing on the top rung of the ladder may also increase the chance of falling. It is the job of contractors and construction companies to train workers in a language they can understand, about safe ladder use. Supervisors on the site should also help determine whether the ladders being used for the job are appropriate and safe.
Poor maintenance: Ladders that are worn or damaged or those that have not been properly maintained can pose a serious danger to workers. The amount of usage – the number of times up and down along with the weight borne by the ladder might cause it to wear down over time. This is why it is important for construction site supervisors and other responsible parties to properly inspect ladders for damage or wear before workers use them.
Proper placement: Ladders should always be placed on firm and level ground. When this is not done, ladders may tip over or collapse resulting in serious injuries to the user. It is ideal for workers to have a lookout or helper to support the base of the ladder that is in use.
Defective ladders: In some cases, when a ladder is defective, that may also cause it to tip over or collapse and seriously injure the user.
New York Laws Protecting Workers
Workers in New York are protected under federal and city laws. Therefore, a worker who suffers a fall from a ladder may be able to seek compensation from several responsible parties including but not limited to the general contractor, a sub-contractor, building owner or developer.
There are a number of rules and regulations in New York that set forth the requirements for ladder safety. For example, the state’s Industrial Code requires that ladders must be secured at both the upper and lower ends when work is being done on an extension ladder higher than 10 feet above the ground. There are also rules that spell out guidelines for the dimensions of wooden ladder rungs including their diameter and spacing.
New York Labor Law Section 240 (1) also applies to ladder accidents. The law protects workers who are injured in falls and requires construction site owners and general contractors to provide proper protection to them. When a worker is injured in a ladder accident, he or she is entitled to receive compensation from those responsible.
Contacting a Construction Accident 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 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.
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