There are laws in place in New York State that have been passed specifically to safeguard workers who use ladders. It is important to remember that a vast majority of construction workers and laborers including painters, iron workers, electrical workers, masons, etc. work on ladders or scaffolds. Therefore, it is important that the laws that exist to safeguard them are understood and upheld.
New York Labor Law 241
One of the important labor laws that protect the rights of injured construction workers in New York is Labor Law 241. This law, in conjunction with the New York State Industrial Code, provides detailed guidelines on how worksites must be organized and maintained in order to keep workers safe. New York Labor Law 241 (6) states that a property owner or contractor can be found negligent (careless) if an accident occurred while under their supervision.
So, for example, if the worker is provided with a defective or malfunctioning ladder or if a ladder is placed on uneven ground or in a dangerous manner leading to the accident and resulting in injury, there are several parties who may be held liable under this law.
If you suspect that your injury was the result of an unsafe construction site that did not adhere to these safety laws, it is important that you contact an experienced New York City construction accident lawyer who can help you better understand your rights under the law.
New York Industrial Code
There are also some specific safety codes such as Part 23 of the New York Industrial Code, which requires proper use of ladders in order to prevent injuries. Here are some of the general requirements for ladders to be used on New York’s construction sites:
• Single pole or scaling ladders where the rungs and cleats are attached across the pole as well as ladders that have opaque protected coatings are prohibited under this section of the code.
• A ladder that is used at a worksite should be able to sustain at least four times its maximum load without collapsing.
• All ladders should be in good working condition. Ladders that are damaged, that have broken parts or are worn due to repeated use should be removed from service. This means that ladders should be inspected for such flaws and dangers before they are put to use at a worksite.
Section 23 also sets rules for different ladder types including when each is suitable to be used and what types of safeguards must be in place. Employers, property owners, some general contractors, sub-contractors and other parties may be held liable for defective or dangerous ladders.
Contacting an Experienced Lawyer
Workers who are injured in construction accidents may be able to seek workers’ compensation benefits, which typically cover medical expenses and a portion of lost wages. Families that have lost loved ones in a construction accident may be able to seek death benefits. In addition, workers and their families may be able to file a third-party lawsuit for substantial money damages against a number of parties, and therefore have two sources of compensation.
Third-party claims are filed against parties other than the employer or co-employees and may include general contractors, sub-contractors, building owners, managing agents, construction companies, etc. Injured victims can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, cost of rehabilitative treatment, permanent injuries, disabilities, past and future pain and suffering, etc.
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.
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