Ladder Accidents

In order for a construction worker to do his or her job properly, the correct equipment is needed. Given the range of ladder types and heights that are used at work sites, ensuring that the equipment works properly and the proper type of ladder is provided for the specific type of job is of the utmost importance. If you have been injured at a construction site, the New York City ladder accident lawyers at Caesar & Napoli, will represent you in your injury claim.

A Fall From Any Height Can Wreak Havoc

Even falls from seemingly small heights can end up leaving victims suffering from serious injuries. Foot, ankle and knee injuries are very common from ladder falls, and can make it very difficult for the injured worker to return to the workplace. Other common injuries from ladder falls and other types of construction accidents can include:

• Head injuries
• Broken bones and fractures
• Neck injuries
• Hip and leg injuries

When you speak with one of our personal injury lawyers, we will thoroughly investigate the incident, starting with the cause of the accident. We will examine the type of safety equipment that was given, identify whether the product was defective, and look for any discrepancies in reporting (from your employer or third party) regarding the incident. Our lawyers take a highly comprehensive and thorough approach to working with clients who have been injured in Brooklyn, Queens or Manhattan.

Ladder Falls And The New York Labor Law

New York gives construction workers protections that most states do not. Three sections of the Labor Law usually decide what a ladder accident claim is worth.

Labor Law 240(1), often called the Scaffold Law, covers elevation related risks. When a ladder is not placed, secured or built so that it gives proper protection, owners and general contractors can be held responsible for the fall. This section applies whether or not the injured worker was employed by the company being sued, and comparative negligence is generally not a defense to it, although a defendant may argue that the worker’s own conduct was the sole cause of the accident.

Labor Law 241(6) requires owners and contractors to follow the specific safety rules in the New York Industrial Code. Part 23-1.21 of that code governs ladders directly. It addresses the condition of the ladder, the footing it rests on, how the top must be secured, how far it must extend past a landing, and the situations in which a ladder may not be used at all.

Labor Law 200 states the general duty to provide a reasonably safe place to work. It reaches the parties that supervised or controlled the work that produced the injury.

Which sections apply depends on the facts of the fall. Identifying every section that fits is part of the work, because each one carries a different burden of proof.

Who Can Be Held Responsible For A Ladder Accident

A ladder fall on a New York job site frequently involves more than one company. The parties that may be responsible include:

• The owner of the property where the work was performed
• The general contractor
• A construction manager or subcontractor that directed the work
• The company that rented, delivered or maintained the ladder
• The manufacturer or distributor of a ladder that failed

In most situations you cannot sue your own employer, because workers’ compensation is the exclusive remedy for an injury on the job. That does not end the matter. A third party claim against an owner, a general contractor or an equipment company moves forward alongside the compensation claim. When that claim produces a recovery, the compensation carrier normally asserts a lien against part of it under Section 29 of the Workers’ Compensation Law, and that lien has to be resolved as part of any settlement.

When The Ladder Itself Failed

A rung that gives way, a lock that releases under load, a foot that slides on a finished floor, or a side rail that bends below its rated capacity points to a defective product rather than a defective job site. Those claims are built on design defects, manufacturing defects and inadequate warnings, and they depend heavily on physical evidence.

If the ladder is still on the site or in your employer’s possession, say so early. Photographs of the ladder, the model and serial numbers, the duty rating printed on the rail, and the surface the ladder was standing on all carry weight. A ladder returned to a rental yard or discarded after an accident is difficult to replace as proof. Our page on defective work equipment covers these claims in more detail.

Steps That Protect A Ladder Accident Claim

• Get medical attention, and tell the provider the injury happened at work.
• Report the accident to your employer in writing. Section 18 of the Workers’ Compensation Law calls for written notice within 30 days.
• Photograph the ladder, the area around it, the surface underneath it and anything that was supposed to secure it.
• Write down the names of everyone who saw the fall, including workers from other trades.
• Keep the accident report, the C-3 claim form and every medical record.
• Decline to give a recorded statement to an insurance adjuster before you have spoken with a lawyer.

Deadlines That Apply To A New York Ladder Accident

• Written notice to your employer: 30 days from the accident (Workers’ Compensation Law Section 18)
• Workers’ compensation claim: two years from the accident (Workers’ Compensation Law Section 28)
• Personal injury lawsuit against a third party: three years from the accident (CPLR 214)
• Wrongful death action: two years from the date of death (EPTL 5-4.1)
• Work on a city, state or public authority project: a notice of claim within 90 days, and suit within one year and 90 days (General Municipal Law 50-e and 50-i)

These are the general rules. Exceptions exist, and several of them shorten the time available rather than extend it. The safe assumption is that the clock started on the day of the fall.

Questions We Hear After A Ladder Fall

Can I bring a claim if I set up the ladder myself?

Frequently, yes. Labor Law 240(1) asks whether proper protection was provided, not whether the injured worker was the person who positioned the equipment. If the only ladder available was the wrong height, was missing a stabilizer, or could not be tied off where the work had to be done, that is a failure of protection.

I am already receiving workers’ compensation. Is there anything else to pursue?

Workers’ compensation replaces a portion of lost wages and pays for authorized medical treatment. It does not pay for pain and suffering, and it does not pay for the loss of the things you can no longer do. A third party claim is the route to those damages, and bringing one does not stop your benefits.

What if my employer says the fall was my fault?

Employers and their carriers dispute ladder accidents routinely. What controls the outcome is the physical evidence and the Labor Law, not the way an accident report is worded. A disputed account is a reason to speak with a lawyer sooner rather than later.

Does a defective ladder change the case?

It can add a defendant. A product claim against a manufacturer or a rental company runs alongside the Labor Law claims, and it often reaches insurance coverage that the job site defendants do not carry.

Do you handle ladder accidents outside Manhattan?

Yes. A large share of New York construction work happens in Brooklyn, Queens and the Bronx, and the Labor Law applies on those sites exactly as it does in Manhattan. Where a case is filed usually turns on where the accident happened and where the defendants do business, and that choice affects how quickly the case moves.

What is a ladder accident claim worth?

No attorney can answer that from a description of the fall. Value turns on the severity of the injury, the treatment required, the wages lost, the effect on future earning capacity, and the insurance available on the project. Prior results do not guarantee a similar outcome.

Related Construction Injury Pages

• Construction accidents
• Scaffolding accidents
• Falling objects and debris
• Workers’ compensation claims
• Spinal cord injuries
• Traumatic brain injuries
• Catastrophic injuries

Learn Your Rights From An Experienced Personal Injury Lawyer

At Caesar & Napoli, we do not charge for initial consultations. To schedule a meeting with one of our attorneys to discuss your injury case, please contact us at (888) 235-6766 . Most personal injury cases are handled on a no-win, no-fee basis. We are not paid attorney’s fees unless we win a recovery for your case.