Ladders play an important part in most construction sites. While crucial to construction work, ladders also factor in a number of worker injury incidents. Construction accounts for a disproportionate share of workplace injuries and fatalities in New York. Falls are the leading cause of construction accident fatalities and ladders tend to contribute to many of them. Federal data show that there are nearly 25,000 ladder-related injuries and dozens of fatalities every year in the construction industry alone in the U.S.
Many of these involve falls from unstable ladders or incidents where a ladder tipped, slid or collapsed. In New York City specifically, fall incidents — including those involving ladders — have remained stubbornly high even as overall safety enforcement has increased. Ladder safety violations are among the most frequently cited standards on construction sites, which makes it important for us to understand what causes ladder accidents in construction sites.
Common Causes of Ladder Accidents
Here are some of the most common causes of ladder accidents in New York construction sites:
Improper Ladder Placement and Setup
One of the most frequent causes of ladder accidents is simply placing the ladder incorrectly. Ladders set on uneven, unstable or slippery surfaces, like debris-strewn floors, wet sidewalks or packed mud, are more likely to shift, slide or tip while in use. Guidance from the U.S. Occupational Safety and Health Administration (OSHA) suggests placing non-self-supporting ladders at an angle where the base is one-quarter of the ladder’s working length away from the wall. Failing to extend a ladder far enough above a landing point such as stairs or platforms, or not properly tying it off, can also compromise stability.
Defective, Damaged or Misused Ladders
Ladders that are cracked, bent, missing rungs or otherwise structurally compromised pose obvious risks. More than half of all ladder accidents in some studies involved ladders that were not secured properly at the top or base.
Even when ladders are physically sound, using the wrong type for the job — like a ladder that’s too short, too weak, or inappropriate for the surface — leads to accidents. Overloading a ladder past its rated weight capacity is another common misuse that can cause sudden collapse.
Inadequate Training and Supervision
Too many workers on New York construction sites lack the training needed to inspect ladders before use, set them up correctly, and climb safely. Without clear supervision and ongoing safety culture reinforcement, the risk for accidents that results in severe injuries only increases.
Environmental and Site-Specific Risks
New York City’s unique environment with its dense job sites, crowded sidewalks, unpredictable weather and limited space, compounds the risk of ladder accidents. Wet or slippery rungs, debris around ladder bases, pedestrians brushing against equipment or confined areas where ladders must be used in tight quarters — all increase the chances of mishaps.
Electrical hazards are another concern when metal ladders are used near live wiring or energized equipment. OSHA and industry best practices recommend using non-conductive ladders when electrical exposure exists, but violations of these rules still occur.
Lack of Adequate Fall Protection
While ladders themselves are necessary tools, they don’t inherently provide fall protection. In cases where work is performed at heights, workers must be provided with fall arrest systems, guardrails or other protective measures. Failure to provide these devices often results in serious injuries or even fatalities.
Consequences of Ladder Accidents
The outcomes of ladder accidents range from minor injuries to lifelong disability and death. Common injuries include:
• Broken bones, especially in arms and legs
• Head, neck and spinal injuries
• Traumatic brain injuries (TBIs)
• Internal injuries
• Emotional trauma
Even non-fatal injuries can result in extended medical treatment, rehabilitation and loss of income, which are all heavy burdens for workers and their families.
Protection from New York’s Laws
New York has some of the strictest construction safety laws in the U.S. New York Labor Law §240 — often called the Scaffold Law — imposes absolute liability on property owners, general contractors, etc., when workers are injured due to inadequate safety devices including fall protection when are working at heights. This law uniquely holds these parties accountable regardless of whose fault the accident was.
In addition, OSHA requires employers to provide safe conditions for ladder use under 29 C.F.R. §1926.1053, including proper load ratings, inspections, and removal of defective ladders from service.
Compensation for Injured 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, not workers’ compensation.
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 or manager — 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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