New York Labor Law §240(1), commonly known as the “Scaffold Law,” imposes strict liability on owners and contractors for elevation-related hazards in construction, demolition, repair and related work. In fact, ladder accidents are among the most litigated cases under this law. Falling from a ladder — because it shifts, collapses, is unsecured or lacks proper safety features, etc. — often triggers protections for workers under this section of the labor law. However, in such cases despite the law’s intent to protect workers, not every ladder accident automatically provides just compensation for the victim. This is why it is critical to seek the counsel of an experienced New York construction accident attorney as soon as possible.
What You Need to Know About Proving Your Case
To establish liability under §240(1), a plaintiff (injured victim) must show that:
• They were engaged in protected work such as construction, remodeling, repair or demolition, etc.
• The accident was caused by an elevation-related hazard such as a fall from height or falling object.
• A failure to provide an adequate safety device or personal protective equipment such as a harness, safety net or guardrails.
• Such failure was the direct cause of the injury.
In ladder accident cases, the central issue is usually whether the ladder provided adequate protection. It is important to note that §240(1) does not require plaintiffs (injured victims) to prove the defendant had notice of the defect. The statute imposes absolute liability once a statutory violation exists and the violation causes the injury.
The Worker’s Fall is Evidence of a Violation
New York courts have repeatedly held that if a ladder fails to remain stable, shifts or collapses, etc., the worker’s fall in itself is strong evidence that the device did not provide proper protection. A worker does not need to prove a specific structural defect in the ladder; the failure to stay steady is indicative of a violation of the Scaffold Law. Also, courts have consistently ruled that a plaintiff’s (victim’s) testimony stating the ladder shifted or failed is enough to establish entitlement to compensation, even in cases where there were no witnesses to the incident and employers then argue that the victim cannot prove the ladder was defective or improperly secured.
The Role of Expert Testimony
Expert testimony is not required to prove a §240(1) ladder claim, but it can help strengthen the case, particularly where defendants argue the ladder was adequate. Experts can address:
• Whether the ladder met industry standards
• Whether anchoring or bracing was required
• Whether site conditions made ladder use unsafe
Experts can also reconstruct how the fall likely occurred, especially if the ladder has since been discarded.
Documenting the Accident and Injuries
To substantiate a ladder accident case, it is important to document the ladder accident and injuries suffered. Here are some important items to have in your evidence file:
• Photographs of the ladder and worksite
• Incident reports filed with the employer
• OSHA reports, if applicable
• Medical records documenting the injuries
• Witness affidavits, even if they did not see the fall
• Work logs and site safety plans
Spoliation letters should be sent promptly to prevent disposal of the ladder, job-site materials or other key evidence.
Worksite Violations and Compensation for Workers
Many construction workers in New York City such as roofers, ironworkers, steelworkers, carpenters, masons, bricklayers, painters, window washers, and electricians etc. tend to work from an elevation by using scaffolds, platforms, ladders etc. When a construction worker is injured on the job, the first line of financial protection is usually workers’ compensation.
This system provides benefits regardless of fault, covering medical expenses, a portion of lost wages and rehabilitation costs. In cases of permanent disability, workers’ compensation may also provide long-term or lifetime benefits. However, workers’ compensation does not cover pain and suffering and benefits are often limited compared to the full extent of losses. The large verdicts and settlements occur when others are sued in third-party cases.
In some situations, injured workers may also pursue a third-party lawsuit in addition to workers’ compensation. These claims arise when someone other than the employer — such as a subcontractor, equipment manufacturer, or property owner — contributed to the accident. For example, if defective machinery caused the injury, the manufacturer may be held liable. Third-party lawsuits can provide compensation for damages not covered by workers’ compensation, including pain and suffering, emotional distress and full lost earnings, and these verdicts and settlements can be quite large.
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. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
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.
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