Ladder accidents often happen at construction sites. There is always a risk of injury or death when you need to work above ground level or below ground. In some cases, scaffolding is safer than ladders. However, there are many different types of ladders, and some may be more appropriate than others to do a particular job. At Newman, Anzalone & Newman, our experienced New York City ladder accident lawyers may be able to represent you in a lawsuit to recover damages.Pursuing Compensation for a Job Injury
Generally, your exclusive remedy against your employer after a workplace ladder accident is workers' compensation benefits. However, you may be able to bring a third-party lawsuit if the party responsible for a ladder or scaffold accident is not your employer. This can be helpful because in most cases, verdicts and settlements in personal injury lawsuits caused by negligence are higher than workers' compensation benefits and more fully address the harm that is suffered by an injured worker. In a ladder accident on a construction site, you may be protected by the New York Labor Law, which requires the building owner and general contractor to make sure that workers have appropriate ladders and safety equipment while working.
The appropriate ladder should be provided to you if you work at a construction site. Ladders that are old, broken, or defective can cause serious injuries or even death. Types of ladders include stepladders, A-frame ladders, folding ladders, extension ladders, rolling safety ladders, and platform ladders. If you are required to use a ladder on the job, you should be trained in how to place and set up the ladder so that it can be used safely. The ground needs to be level, and the area should be clear of hazards. Additionally, a ladder is supposed to be secured before a worker climbs onto it or works while standing on it.
A project owner, project manager, building owner, or general contractor can be held liable by a ladder accident attorney in New York City for a worker being put in harm's way on a construction site. Under Labor Law section 240, workers are protected from high falls or from being struck by an object falling from a height. Workers are supposed to be supplied with specific protections, and if they are not provided these protections and are hurt as a result, they can recover damages.
In most cases, if a ladder collapses or causes a fall due to lack of bracing, a worker will be able to recover damages against the owner or contractor under Labor Law section 240. An owner or contractor cannot use a worker's partial negligence as a defense unless the worker is entirely to blame for the accident. Often, both Labor Law section 240 and section 241(6) are raised.
Under Labor Law section 241, workers can recover damages if certain safety steps and equipment are not provided. Section 241 applies even if the accident is not gravity-related. However, it is necessary for your New York City ladder accident attorney to establish certain specific violations to recover damages.
In many cases, OSHA comes out to investigate the cause of a ladder accident. There are guidelines in place regarding the height, rungs, and placement of ladders on the job. When these are violated, the contractor to blame may be fined and cited. OSHA findings can be useful as proof in accident litigation.
The injuries sustained in ladder accidents can be catastrophic and may include spinal cord damage, fractures, broken limbs or feet, crushing, or death. Some accident victims require surgeries and may face lifelong disability and the loss of enjoyment of life. Many suffer substantial pain. You can recover compensatory damages from third parties responsible for your ladder accident.Contact a Ladder Accident Lawyer in New York City
In a ladder accident, you may suffer serious injuries. It may be possible to bring a third-party lawsuit to recover compensation for your losses. Newman, Anzalone & Newman has provided effective legal representation to construction accident victims in New York City since 1978. We represent clients in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or submit our online form.