Ladder Accidents

Ladder accidents on construction sites cause severe injuries, and if you have sustained this type of injury, contact The Law Office of Mark A. Siesel. Whether you’re injured in Westchester County, New York City, White Plains, or any surrounding area, you deserve to get the facts about the compensation you may be entitled to.

At The Law Office of Mark A. Siesel, we have represented construction workers injured throughout the State of New York in ladder accidents and scaffold accidents since 1986. Our team responds to your queries quickly, and we explain your options honestly and in plain English. We’ve helped many injured workers secure financial recovery and if you’re injured we’re happy to offer you a free consultation so you can learn more about your options.

Understanding Ladder Accidents

Ladder accidents are among the most common types of accidents on construction sites. This may be in part because of the ubiquity of ladders on construction sites. While more permanent structures are built alongside scaffolding to help laborers work on sites, extension ladders, step ladders, platform ladders, and multi-purpose ladders are used to get quick access to heights and they’re widely used for HVAC and electrical installations, inspections, lighting installs, temporary access points, and more.

Many ladder accidents involve situations where workers fall from the ladder and suffer serious injury. These accidents are often preventable and tend to be caused by

Overreaching

Incorrect positioning

Incorrect ladder for the task

Overloading ladders past their recommended maximum weight

Damaged or poorly designed ladders

Slippery rungs

Incorrect training about ladder safety

Electrical hazards in the workplace

The most common type of ladder accident involves a worker falling while ascending, descending, or standing on a ladder. However, tip-overs also happen, where a ladder falls to the ground. In addition, slippery rungs can cause workers to lose their footing. Whenever workers fall from a ladder for any reason, they risk skull fractures, broken bones, spinal cord injuries, and other injuries. On crowded work sites, they may hit objects on the way down, which increases the risk of serious injuries.

Another common accident happens when workers accidentally pinch their hands or fingers when adjusting or setting up a ladder. Ladders made of metal carry an added electrocution hazard when used near power lines or electrical equipment.

Any of these accidents can result in serious injuries, including spinal cord injuries, traumatic head injuries, fractures, and other harm that can be life-threatening. In many cases, workers can’t return to work after this type of injury, and in some cases are permanently disabled, affecting their future earning potential. In some tragic instances, a fall from a ladder can lead to fatalities.

In any of these cases, a personal injury attorney with experience in construction site accident claims can help. If you work on construction sites, a serious injury can leave you unemployed—construction is  physical work, so a serious injury can mean there isn’t any adapted work you can do. The medical costs of an injury can also add up. Your lawyer will aggressively pursue fair compensation, so these costs are covered and you can focus on your medical treatment, not on the bills.

In the event that you lose a loved one in a construction site accident, a lawyer can seek compensation for pain and suffering, final medical bills, the financial income your family member made to your household, and more. During a difficult time, a lawyer can shoulder much of the legal process and seek financial recovery so you have the financial resources you need to move forward.

What Laws Impact Ladder Accidents in New York State?

Under Section 240 of the New York State Labor Law, if a worker on a construction site is injured in a fall from a height due to inadequate safety devices, and this accident could have been prevented with a proper ladder or scaffold, the defendant owner, construction manager, general contractor or subcontractor is “strictly liable” for any injuries suffered by the worker. What this means is that if the construction worker is injured or dies as the result of a defective ladder, scaffold or other safety equipment or devices provided to the construction worker, then the owner, construction manager, general contractor or any subcontractor on site who had the duty to provide the safety equipment is absolutely at fault for the worker’s injuries or death, and the conduct of the worker is not considered.

Generally speaking, the only exceptions to the absolute liability of Section 240 of the New York State Labor Law are twofold: accidents in which the worker’s actions are the “sole proximate cause” of the accident (the worker’s actions were the only reason why the accident and injuries occurred), and “recalcitrant worker”, whereby the worker was given specific safety equipment to use in order to scale a height and chose to not use this equipment in violation of instructions to do so.

Frequently, when a construction worker is injured in a fall from a ladder or scaffold, or another type of construction accident, in addition to making a claim for pain and suffering, the worker can file a “first party claim” with his employer for worker’s compensation benefits. These benefits include payment of lost earnings, and any medical and hospital bills incurred as a result of the accident. For potential clients who were working on construction sites as undocumented workers, the Courts have determined that you are entitled to recover for injuries if the owner or other defendant was at fault, regardless of your immigration status. Thus, do not hesitate to pursue your rights for compensation even if you are not a citizen or legal resident.

Contact The Law Offices of Mark A. Siesel

If you or a loved one suffer serious injuries in a construction accident as a result of a defective ladder, scaffold, due to any insufficient safety equipment or a dangerous condition, it is critical that you retain experienced, dedicated and knowledgeable legal representation, as the laws are complex and evidence in these cases must be obtained quickly before it is no longer available, such as the defective or broken ladder, construction debris, or statements from all potential witnesses to the accident.

We conduct an immediate investigation of the accident, send investigators and our attorneys to the accident scene, and speak to the witnesses to the accident before the owner’s insurance company has had an opportunity to do so whenever possible. Our team works with experienced professionals, including board certified doctors, engineers, accident reconstruction experts, and other professionals who can build a strong case. 

At The Law Offices of Mark A. Siesel, we have represented clients throughout the State of New York in the state and federal Courts who have suffered serious injuries in construction accidents due to the negligence of private owners, contractors, subcontractors, and employers. We quickly, comprehensively, and aggressively determine all potential parties that are responsible for our clients’ damages, including pain and suffering, past and future medical and hospital bills, past and future lost earnings, loss of earnings potential, and the loss of the ability to perform activities of daily living.

Our team negotiates with all parties on your behalf, but we’re also willing to take your case to court, if that is the best way to secure fair compensation. Our team has extensive negotiation and trial experience and we’re not afraid to face the largest corporations and insurance companies. We don’t back down.

Our founder, Mark A. Siesel, is personally involved in your case. In addition, our team has experience working for law firms that defended personal injury cases. This perspective means we know how insurance companies work to deny your claims—and we’re ready to respond to their tactics to ensure you’re treated fairly. 

Contact the knowledgeable and experienced lawyers at The Law Offices of Mark A. Siesel for a free consultation to discuss your potential case. Contact us anytime at (914) 428-7386 or online.