Times of Need
Ladder and Construction Accidents
On construction sites, ladders are an essential part of the workplace. They help laborers get to heights, especially when working on roofs, windows, and upper storeys. While scaffolding can provide a more stable way to access upper floors, ladders have the advantage of being portable. They’re often used when workers need to access multiple spots. Unfortunately, ladders also have disadvantages. Uneven ground and poor safety practices can easily lead to falls.
If you’ve been injured on a construction site when working on a ladder or have been injured in any other way, contact The Law Office of Mark A. Siesel for a free consultation. Our office in White Plains and our satellite office in Peekskill proudly serve Bronx County, New York County, Westchester County, Putnam County, and surrounding areas.
What Kinds of Ladder Accidents Happen on Construction Sites?
Ladder accidents on construction sites are common, in part due to the risks associated with working at height. Some of the most common types of ladder accidents on construction sites include:
- Falls from Heights. One of the most common ladder-related accidents occurs when workers fall off the ladder. This can happen if the ladder is not properly secured, is positioned on an unstable surface, or if the worker loses their balance. Falls from heights can also happen due to poor safety practices and lack of safety features such as harnesses. Falls can result in broken bones, head injuries, spinal cord damage, or even fatalities.
- Ladder Collapse. If a ladder is defective, improperly positioned, or overloaded, it may collapse under the weight of the worker and their equipment. This can cause fall injuries as well as crushing injuries if the worker is pinned beneath the collapsed ladder or beneath their equipment.
- Slip Accidents. Workers can slip while ascending, descending, or working on the ladder.
- Electrical Accidents. In some cases, workers using metal ladders may inadvertently come into contact with live electrical wires or equipment. This can result in electrical shocks or electrocution, which can cause severe burns and neurological damage.
- Struck by Falling Objects. If tools or equipment are not properly secured, they can fall and strike the worker while they are on the ladder, potentially causing head injuries, fractures, or falls.
Ladder accidents happen for many reasons. Sometimes workers may use a ladder in ways that it was not designed for, such as standing on the top rung or overreaching rather than climbing down and repositioning the ladder. This can shift the center of gravity, increasing the likelihood of a fall.
Improper ladder setup is another common cause of construction site accidents. A ladder that is positioned too steeply, too shallowly, or on unstable ground can tip. When a ladder is not securely positioned, it can shift unexpectedly during use, leading to falls.
Another common cause of ladder accidents includes poor design. Faulty ladders and other equipment pose an immediate risk to workers. In these cases, manufacturers of faulty work equipment can be held liable.
The impact of ladder accidents can be significant. Injuries can range from bruises and sprains to more severe fractures, traumatic brain injuries, and spinal damage. In some cases, these accidents result in long-term disability.
To prevent such accidents, it is up to construction site owners and employers to implement proper training, regular maintenance of ladders, and safety guidelines. Employers must also ensure that workers use the right type of ladder for the job and are aware of the hazards associated with working at height.
If you have been injured while working on a ladder on a construction site, it’s important to find out what your options are. You may have a workers’ compensation claim, a third-party claim against a liable party, or both. Pursuing the right option is essential. It allows you to seek fair compensation, so more of your pain and suffering, medical bills, lost income, and other expenses are covered.
The choices you make after a construction site accident matter. They can shape your life for years to come, so before you sign anything or speak with any insurer, contact The Law Office of Mark A. Siesel. In a free consultation, I can review your situation, answer your questions, and offer my honest evaluation—based on over 38 years of trial and negotiation experience—so you can make an informed choice about what you want to do next.
What Laws Apply to My Case?
Under the New York State Labor Law, a construction worker who is working on the erection, demolition, repairing, painting, cleaning, or pointing of a building, and is injured working at a certain height while on a ladder or scaffold, and whose injuries are directly attributable to the equipment he was provided with, has a claim against any and all owners and contractors who have a non-delegable duty to provide proper safety equipment. The applicable sections of the Labor Law with regard to workers injured at heights in New York State are a very powerful weapon to protect the safety of construction workers in New York State, due to the fact that the statute is known as an “absolute liability” statute. What this means is that with very limited exceptions, if a worker is injured in a fall from a height while on a ladder or scaffold, any owners, construction managers, general contractors, contractors, and agents who were responsible to provide safety equipment, will be liable to the injured worker.
The only exceptions to the “absolute liability” of these sections of the Labor Law are if the work is being performed at a one or two family residence and the owner is not directing, supervising, or controlling the construction work (and even in this is the case, only the owner would be exempted from the provisions of the statute); if the worker’s conduct was the “sole proximate cause” of the accident (the sole reason why the accident occurred, not in any way due to the equipment); or if accident occurred due to a “recalcitrant worker” refusing to use proper safety equipment that he or she was provided.
If you are injured as the result of improper safety equipment on a construction site, it is essential that you retain attorneys who are fully familiar with the intricacies of the New York State Labor Law, and who have the requisite experience and knowledge to successfully handle your construction accident case from inception through conclusion of the case, by trial, settlement or alternative dispute resolution, including arbitration or mediation.
At The Law Office of Mark A. Siesel, with offices in White Plains and Peekskill, New York, when we are retained by a client injured in any construction accident, we conduct an immediate investigation accident as there is vital evidence which must be secured without delay, particularly the ladder, scaffold, harness or other safety equipment. We retain the necessary professionals to obtain statements from witnesses to the accident and conditions, and to have photographs taken of the accident scene and equipment involved. If the insurance carriers for the owners, construction managers and contractors demonstrate an unwillingness to resolve the case without litigation, we commence suit without further notice, as it is our unwavering policy to be as aggressive as necessary to assure that our clients’ cases are handled as expeditiously and diligently as possible. We are always available by email or telephone, and all client inquiries are responded to within 24 hours without exception.
At the Law Office of Mark A. Siesel, we will fight the insurance companies and their defense counsel every step of the way to assure the maximum possible compensation for our clients’ past, present and future pain and suffering, past and future lost earnings and loss of earnings potential, past and future hospital and medical expenses, and loss of enjoyment of life. Call us at (914) 428-7386 or email us at mark@injurylawny.com for a free consultation to discuss your case in detail.