Ladder Accidents on Construction Sites
New York Attorneys Serving Victims of Construction Site Injuries
Falls from ladders, scaffolds, and other elevated work surfaces are among the most common causes of construction accident injuries in New York City and across the state. Regrettably, thousands of workers are severely injured or even killed after falling at building sites every year. An employee who tumbles off a ladder, for example, should consider discussing his or her situation with a knowledgeable lawyer. For over a decade, the construction accident lawyers at the Law Offices of Michael H. Joseph, PLLC have assisted numerous victims throughout New York, including in Manhattan, the Bronx, Brooklyn, Queens, and Staten Island. We know what it takes to pursue the compensation that you need.
Take Legal Action After a Building Site Fall
Construction workers who fall from a ladder can experience bruises, broken bones, head injuries, spinal cord blows, and other traumatic harm. Recognizing the dangerous conditions that these employees face every day, the New York Assembly created several laws to increase worker safety on building sites. Section 200 of the New York State Labor Law is a statute that requires an employer, general contractor, or property owner to provide a workplace that is free from unreasonable construction hazards. This includes providing employees with appropriate safety equipment and warnings as well as adequately maintained machinery. Typically, an employer or another responsible party who fails to adhere to the requirements provided in Section 200 will be held liable for all of a construction worker’s harm.
In addition, Section 240 of the New York State Labor Law holds a property owner or general contractor fully liable for any injuries sustained by a construction employee who was hurt in a workplace fall from a scaffold, ladder, or other elevated surface. Under the so-called “ladder law,” an injured building site worker is not required to demonstrate fault in order to recover damages for his or her harm. In fact, a construction employee who was hurt as a result of a violation of Section 240 may receive financial compensation for his or her pain and suffering, lost wages, medical bills, and other damages even if the worker was somehow responsible for the incident. This unique law was enacted to ensure that everyone involved with a construction project complies with New York safety laws.
Section 241(6) of the Labor Law compels a property owner, general contractor, and others in the construction industry to comply with the employee safety protections enumerated in the New York Industrial Code. To illustrate, Section 23-1.21 of the Code provides specific requirements for ladder use. This regulation requires that any ladders used by a construction worker must be capable of sustaining at least four times the intended load without failing. Other provisions of the Code state that a ladder used on a building site must be rigid, be well maintained, provide firm footings, and be properly located prior to use.
Section 23-1.21 of the New York Industrial Code also describes how a ladder may be used at a building site. For example, a ladder that is being utilized to regularly travel between floors must be securely fastened in place and extend at least three feet above the upper floor or landing unless handholds are provided. For work being conducted on a leaning ladder between six and 10 feet above the ground, the ladder must be secured in place by a person positioned at the foot of the device or by mechanical means. When a construction worker is using a ladder more than 10 feet off the ground, additional safety requirements must be met.
Construction workers who were hurt in a ladder accident normally have up to three years from the date of their injury to file a claim for damages. If a lawsuit is not filed within this timeframe, the victim of a construction incident likely will be barred from recovering damages. However, any construction workers who are injured on a municipal site, like a City or County project, or a public authority project such as a New York City Transit Authority or School Authority site, must file a notice of claim within 90 days and then file a lawsuit within a year and 90 days.
Seasoned Injury Lawyers Helping White Plains Workers
Despite the numerous laws and regulations provided to protect construction employees, many still risk suffering a work-related fall or untimely death on a daily basis. If you were the victim of a ladder accident, you may be able to assert your rights. Our dedicated injury attorneys at the Law Office of Michael H. Joseph, PLLC understand the devastating effect these events can have on construction workers in White Plains, Yonkers, and other New York communities. We are eager to vigorously advocate on your behalf and seek fair compensation for your injuries. To speak with a knowledgeable lawyer, please contact us through our website or call us toll-free at (877) 580-6636.