If you work on construction projects in the Bronx, you are entitled to expect that your safety is being given the highest priority, particularly given the inherent risks associated with construction work. Various laws and measures are designed to require those responsible for worker safety, including, in particular, site owners, general contractors and employers, to ensure that safety measures are put in place to mitigate risks that could cause substantial harm to construction workers. As one of the most frequent causes of fall injuries, ladders present safety risks that can kill a worker or render them permanently disabled, jeopardizing their quality of life and income.
After sustaining an injury in a ladder accident, you may be entitled to workers’ compensation benefits, and you may also be able to pursue a lawsuit (called a third-party lawsuit or action) for your damages against entities other than your employer. With legal guidance from an experienced Bronx ladder injury lawyer, you may be able to secure the compensation you deserve for your injuries, separate and apart from your right to workers’ compensation benefits. Speak with the knowledgeable Bronx ladder injury attorneys at Lever & Ecker, PLLC, about your case.
Federal and state agencies impose strict regulations on the usage of ladders. The Occupational Safety and Health Administration (OSHA) has developed many regulations and guidelines on required ladder training to protect employees from ladder falls.
The OSHA construction safety and health regulations apply (among many other things) to all ladders used during construction, alteration, repair, painting, decorating, and demolition at worksites. Among other things, ladders must have fall protection systems before employees use them.
The codes, regulations and rules for using ladders in New York specify what kinds of ladders to use, when to use them, fundamental standards, and more. More specifically, ladder laws in New York cover the following:
In short, ladders must be properly supported, by other workers and through mechanical means, depending on the height at which they are being used. Ladders must have the strength to support at least four times the authorized maximum load without snapping, loosening, or dislodging, in accordance with the labor code’s strength requirements. All ladders must be maintained or replaced as needed, and the use of any opaque protective coating is forbidden. Ladders are subject to installation and use regulations. Also, employees need to be instructed on where ladders are to be used.
These are just a few of the ladder laws that workers on building sites and other workplaces can refer to. Injuries are likely if these regulations are broken and employees use worn-out, damaged, or unsuitable ladders or ladderways. In New York, contractors and property owners who fail to take the necessary measures to prevent workplace ladder falls could face liability for falls and injuries that occur.
The state of New York gives injured workers the right to compensation for their losses. The injuries you sustain after falling off a ladder are almost always detrimental to you physically, financially, and even emotionally. However, your financial situation is likely one of your primary concerns.
While New Yorkers injured in a workplace ladder accident cannot file a lawsuit against their employers directly, they can file a workers’ compensation claim with their employer’s workers’ compensation carrier, for payment of medical costs and certain lost compensation.
Third-party claims differ from workers’ compensation claims in that they are filed against parties other than your employer who are responsible for your injuries, such as site owners and general contractors. It is through a third-party lawsuit that you may recover for damages such as pain and suffering, lost income not covered by your workers’ compensation claim, as well as other components of damages.
Filing a third-party liability claim generally allows you to recover more damages than what is covered by your workers’ compensation benefits. If the third party (owner or contractor) is held liable for your workplace accident and injuries, you will be entitled to compensation for your pain and suffering, from the time of the accident and into the future, among other damages.
Construction accident injuries can profoundly and permanently impact you and those who depend on you. Recovering from a workplace accident injury is almost always difficult when you are wondering how you will pay for your medical treatment or bills. After suffering injuries in a workplace ladder accident, you may be entitled to submit a workplace injury claim to recover benefits.
The Bronx ladder injury lawyers at Lever & Ecker, PLLC, can assess whether you are eligible to file a workplace injury claim and what benefits you may qualify for. Collectively, the legal professionals at our firm have been fighting for the rights of New Yorkers for more than 65 years. Call (718) 933-3632 to set up a free consultation, or reach out to our Bronx ladder injury attorneys by filling out our contact form.