Federal regulators have cited a Broadway theater owner for four serious workplace safety violations in connection with the death of a worker who fell from a ladder last year. According to a report in The New York Times, the citations were issued several months after a 54-year-old stagehand fell nearly 50 feet from a narrow raised platform while performing routine maintenance at the theater. The U.S. Occupational Safety and Health Administration (OSHA) has proposed a fine of $45,642 in connection with this fatal ladder accident.
Unsafe Ladders
OSHA issues such citations when, according to its review, lapses have led to
hazards carrying a “substantial probability that death or serious physical harm would result.” The violations issued to the theater owner included having a wooden ladder coated with a material that may obscure structural defects and two instances of a ladder used for a purpose for which it was not designed. The worker who was killed in this incident was a stagehand who was part of a local union that represents stage employees in New York.
There are a number of reasons why ladder accidents occur. If a ladder is placed on an uneven surface, there is the possibility of it tipping and bringing the person on the ladder down with it. When a surface is unstable, the ladder may slip or slide and cause the person to fall off the ladder.
When a ladder is subjected to excessive weight, it may buckle or collapse under the weight. Ladders also require constant inspection and maintenance. A worn or damaged ladder may malfunction or collapse. When a ladder is used in close proximity to an electrical source and live wires, there is also the potential for electrocution or electrical burn injuries. While these are all preventable accidents, they usually result in catastrophic or fatal injuries.
Workers Are Protected by NY Laws
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 becomes injured after falling off a ladder can 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 specifies 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 Section 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. This law gives workers who have been injured in ladder or scaffolding accidents the ability to bring civil actions against the contractor and property owner/manager responsible for the safety of the jobsite.
Contacting an Experienced Lawyer
If you have suffered injuries in a ladder 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 seriously 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
Source: https://www.nytimes.com/2021/06/02/theater/death-winter-garden-theater-shubert-organization.html