What Causes Ladder Accidents in New York?
Ladder-related fall injuries are common on New York construction sites. According to the CDC, common causes include:
- Inappropriate ladder selection
- Inadequate ladder inspection
- Improper ladder use or setup
- Defective ladders
- Lack of safety training
- Unsafe working conditions
How Dangerous Are Ladder Accidents in New York?
New York City construction workers face a daily risk of severe injuries on the job. The Federal Bureau of Labor Statistics has reported that, though construction workers make up a fraction of the workforce, they account for more than a quarter of all work-related fatal injuries. Between 2007 and 2014, an average of 20 construction workers were killed per year on the job in New York, and falls were to blame for more than half of those deaths. Across the nation, most fatal falls from ladders occur on movable ladders rather than fixed ladders.
Who Could Be Held Legally Accountable for Your Injuries After a Ladder Accident?
If you’ve been injured while working on a construction site, you generally cannot sue your employer if they carry workers’ compensation insurance. However, you may be able to file suit against a third party in addition to filing a claim for workers’ compensation. Parties who may be liable for your injury, depending on the circumstances, include:
- Construction companies
- Contractors and subcontractors
- Equipment rental companies
- Ladder manufacturers
- Property owners
Compensation for New York Ladder Accidents
Workers have two main options for recovering compensation for their injuries and other losses after a ladder accident: workers’ compensation and third-party lawsuits.
Workers’ Compensation Claims for Ladder Accidents
Workers’ compensation benefits are available for employees injured in on-the-job ladder accidents, regardless of whose fault it was. After an accident, workers typically have 30 days to notify their employer about a work-related injury. Workers normally also have two years from the date of the accident to file a claim for workers’ compensation benefits. Some of the benefits you may be able to receive from workers’ compensation include:
- Health care – You can receive compensation for medical expenses required to treat your injury, as well as prescriptions and assistive devices.
- Lost wages – You may be entitled to a portion of your lost wages if your injury keeps you from work for more than seven days or your pay is reduced because you now work fewer hours or perform other tasks. Lost wages are calculated based on your degree of disability.
- Survivor benefits – If an injured worker dies from a compensable injury, their surviving spouse, children, or other dependents are entitled to weekly cash benefits equal to two-thirds of the deceased worker’s average weekly wage for the year before the accident. Funeral expenses are also covered.
Third-Party Lawsuits
When an employer has workers’ compensation coverage, you normally cannot sue them directly. However, if the accident occurs due to a negligent third party, a worker may sue them if their actions contributed to the injury. Unlike workers’ compensation claims, third-party lawsuits may compensate for non-economic damages like pain and suffering.
In New York, the deadline to file a third-party lawsuit for a ladder accident injury is generally three years. However, important exceptions may apply. In all cases, filing after the correct deadline will result in your case being dismissed in court. Do not wait.
What Laws Protect Ladder Accident Victims’ Right to Sue?
New York employers are responsible for providing a reasonably safe work environment. They must inspect sites regularly for fall hazards, provide necessary safety equipment, and provide safety training. Prominent labor laws New York has put in place to protect construction workers include:
- Labor Law 200 – Creates general duty requiring employers, property owners, and contractors to provide a safe working environment for workers.
- Labor Law 240 – Known as the “Scaffold Law,” it protects construction workers by requiring owners, contractors, and their agents to provide proper safety equipment, such as scaffolding and ladders, to prevent fall-related injuries. It imposes strict liability on responsible parties for failing to ensure adequate protections.
- Labor Law 241 – Protects construction workers by mandating that owners, contractors, and their agents ensure that construction, excavation, and demolition sites are equipped with safeguards to minimize risks and prevent accidents.
Steps to Take After Being Injured in a Ladder Accident
After a ladder accident, there are several steps you should take to ensure you aren’t injured further and to protect your right to compensation:
- Seek medical attention as soon as possible.
- Report the accident to your employer, preferably in writing.
- Take photos and videos of the accident scene and your injuries.
- Note down the names and contact information of witnesses.
- Keep a record of all medical bills and documents.
- Seek legal help to learn more about your options for compensation.
Contact Lever & Ecker’s New York Ladder Accident Lawyers
At Lever & Ecker, our award-winning New York lawyers have more than 70 years of combined experience in personal injury law, and we have a strong track record of success to prove it. Everything we do is in our clients’ best interest, and we treat every case as the most important thing in our office.
Our attorneys are motivated by helping accident victims and making a difference in their lives. If you or a loved one have been injured in a ladder accident in New York, Lever & Ecker can provide the resources you need to make the right legal decisions and get the right care.
With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you cannot come to us, we can come to you. Contact Lever & Ecker today for a free consultation by calling (914) 288-9191 or (718) 933-3632 or by filling out our online contact form.
