Ladders are crucial to the construction world and for many other people. A person may go up and down a ladder hundreds of times for their job. But ladders can often be supplied as a cheap alternative to a proper safety device. Ladders must be kept properly maintained to ensure they are safe to use and properly stored to avoid damage but more importantly they must be at the proper height so that workers are not forced to stand on the top of the ladder. Many employers cut corners and fail to take care of their equipment. These are common violations of the labor law and create a right of action against the owner and general contractor in a construction accident.
An experienced New York City ladder injury lawyer has what it takes to investigate your case and pursue compensation for you. At Roth & Roth, we take your rights seriously. We know you are dealing with pain, high costs, and lost time from work. You have rights that deserve protection, and we know how to help you fight for those rights.
Roth & Roth has been successfully representing individuals and families throughout the State of New York for over 25 years. If you or someone you know was injured or killed in New York due to someone else's wrongdoing, contact us to discuss your options. Initial consultations are always free and we never get paid unless and until you do.
Accidents involving ladders occur every day throughout the State of New York. Ladder accident injuries can be very serious. They usually result in a fall from a great height which can do substantial damage. Determining the cause of a ladder injury is important for proving a personal injury claim. This claim seeks compensation for the injuries because of another party's negligence. You and your attorney must prove how the accident occurred and who is to blame for it.
Common causes of ladder injuries include, but are not limited to:
- Ladders being provided to workers instead of scaffolds which would be the proper safety device
- Lack of safety equipment to secure the ladder
- Missing equipment
- Failing to provide proper height ladders
- Unsafe construction sites
- Fellow employee negligence
- Failure to instruct employees on the proper use of equipment
- Electric shock caused by touching live wires causing falls off the ladder
- Ladders placed on uneven ground
- Ladders used as makeshift footbridges
- Improper training of employees
These and countless other causes may be why you were severely hurt in a ladder accident. Whether it was one cause or another, you deserve to speak with competent ladder injury lawyers who know how to help.
What injuries are common in New York ladder accident cases?
A ladder injury can result in dangerous harm. This harm can be long-lasting or even permanent in extreme cases. Common injuries that result from ladder accidents include:
- Broken bones, fractures, or crush injuries
- Surgeries
- Paralysis
- Concussions
- Traumatic brain injuries
- Cognitive damage, memory loss, and change in personality
- Lacerations and other skin damage
- Penetrating injuries from falling onto objects
- Spinal cord injuries and paralysis
- Amputation or loss of limb
- Organ damage or loss
- Wrongful death
How do I prove my ladder injury case?
Proving a ladder fall case on a construction site is not a typical negligence claim. When a construction worker is injured on the job, whether it is falling off a ladder or otherwise falling from a height, that is governed by Labor Law sections 240 and 241. These are complex legal issues and are best proven with experienced attorneys who know how to help. To successfully resolve a construction accident case, you and your attorney will work to prove the following elements:
- Whether the type of work is covered under the Labor Law
- The responsible party to provide safe equipment at the construction site
- What appropriate safety device should have been provided
- Which section of the Labor Law applies and which section of the Industrial Code was violated
- To refute the claim by the Defendants that the injured worker was the sole proximate cause of the fall
- The accident is what caused your injuries
Proving each element is essential to a successful claim and ultimately winning compensation for a construction site ladder injury.
What evidence do I need to prove a New York City ladder injury claim?
Evidence in a ladder injury claim that occurs in the State of New York is collected through an investigation of the case. Your attorney and their experienced team will help you present evidence like:
- Insurance reports and information
- Work incident reports
- Construction site safety specifications
- Witness testimony
- Expert reports
- Lost income data
- Audio or video recordings of the ladder accident
- Your testimony and statements about what happened
- Medical invoices, costs, and testimony by doctors
This evidence and much more may help you win the compensation you deserve after a ladder injury.
Is an unsafe construction site accident case a personal injury claim or a workers' compensation claim?
It's usually both! Many workers injured on the job are confused about whether they have a personal injury or workers’ compensation claim. When you’re injured from falling off a ladder while on the job, workers’ compensation covers some of your lost wages and all of your medical bills.
If an accident happens while you're at work and you’re injured, the New York workers' compensation system will most likely apply. Under workers' comp, you are protected for both medical expenses and lost wages; it doesn't matter who caused your harm.
If an injury is caused by a lack of safety devices, a violation of the industrial code, or an otherwise unsafe work environment, you can also recover from the owner of the premises or a contractor other than your employer and generally the principles of personal injury law apply. You can sue other responsible parties in a personal injury action and also receive worker’s compensation benefits. But you are not permitted to sue your employer due to a bar under the worker’s compensation laws.
What compensation is available in a ladder injury case in New York City?
Compensation in ladder injury cases should help you get back on your feet. It should compensate you for your economic and non-economic losses. Depending on your injuries and the facts of the case, you could be entitled to monetary damages such as:
- Pain and suffering compensation
- Lost income and earning capacity damages
- Lost benefits
- Past and future medical costs
- Costs of rehabilitation
- Costs of disability equipment and modifications
- Loss of consortium
- Compensation for wrongful death
These monetary damages should help you be whole — that is as if the accident never happened. A highly skilled legal team knows how to battle for the compensation you deserve.
The attorneys at Roth & Roth know how serious ladder injuries can be. We take your case seriously and are ready to fight for the compensation you are owed. Whether you are dealing with temporary or permanent harm, you deserve to have a consultation of your case to learn what strategy may help you win. You want a legal team that is willing to fight for you and take your situation seriously.
Our experienced New York City ladder injury lawyers are here to represent you. We have helped protect injured individuals and their families in ladder injury cases to help them recover for over 25 years. Let our firm put our years of experience to work for you. Contact us today.