Staten Island Construction Injury Lawyer for Ladder Fall Accidents

Although there are many hazards in construction, falls from a height are the biggest risk.  According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of worker injuries and death for construction workers – accounting for 34% of all construction worker deaths in the United States.  This has lead OSHA to label falls as the most common “fatal four” common causes of construction accidents, along with struck-by, caught-in/betweens, and electrocutions as the other most common causes.  Of all falls, one of the most common causes is while using a ladder to work at an elevated height.  Workers who suffer ladder fall injuries in Staten Island may be entitled to recover compensation for ladder falls under the New York Labor Law with the help of an experienced construction accident lawyer like ours.

Here at the O’Connor Law Firm, our bodily injury law firm handles many different types of construction accident cases involving catastrophic or fatal accidents.  This includes cases involving ladder fall injuries such as traumatic brain injuries, spinal cord injuries, head and face injuries, broken bones, and other types of disabling or permanent injuries.  If you or a loved one suffered fall injuries in an accident, please call our experienced construction accident lawyer in Staten Island for help.  Our personal injury law firm offers FREE consultations and we only get paid after you get paid in a settlement, verdict, award, or another type of recovery.  To learn more, call to schedule your free appointment today.

Examples of Ladder Falls That May Result in Compensation to a Worker

Despite being one of the most common pieces of equipment for construction workers, a ladder is also one of the most dangerous.  This unfortunately true because many ladders get abused, left outside during inclement weather, or damaged during us.  Rather than replacing an unsteady or damaged ladder, far too many contractors will continue to force workers to use the same ladder.  The same is true of owners who will allow contractors to use faulty ladders that are unsafe.

Some of the most common examples of ladder falls due to ladders that should have been replaced include the following:

• Ladders with no feet, damaged feet, or feet with poor traction pads
• Damaged ladders that wobble
• Ladders that are corroded, rusty, cracked, or compromised
• Ladders with feet that are not level
• Only portion of a ladder that is being used, such as only the top half of a two-stage ladder, or one side of an A-frame ladder
• Ladders placed on uneven ground, like a ramp or hill
• Holes, stairs, ledges, or other hazards near a ladder
• Ladders used upside down
• Unstable ground or soft ground where a ladder is being used, and
• Other defects in using a ladder that could present a fall risk.

Liability in Ladder Fall Cases Under New York Labor Law

Workers who suffer ladder fall injuries in Staten Island may be entitled to compensation in a personal injury action.  These cases are generally brought under the Labor Law.  This body of law is meant to protect workers by placing the responsibility and obligation on contractors and owners.  However, there is a carveout for owners of one- and two-family homes (residential owners).

There are various ways to prove liability in a ladder fall case.  This includes the following:

Labor Law Section 200

The most common section to cite in any construction accident case is Labor Law section 200.  This section of the Labor Law is a codification of the general common-law negligence duty imposed on an owner or general contractor.  This means that the Legislature has expressly adopted certain common-law grounds.  It requires owners and contractors to exercise reasonable care in preventing workers from being injured or killed on a job site.

Thus, an owner or contractor who negligently provides a ladder or assists a worker in using a ladder in a dangerous and unreasonable manner may be liable for the workers’ ladder fall injuries in Staten Island.

Labor Law Section 240 (1)

This is the most common section in fall cases, which requires all owners and contractors to protect workers from gravity-related injuries by providing certain safety devices.  This includes properly working ladders, hoists, scaffolding, slings, pulleys, ropes, and other types of devices.  The list is not exclusive, and other means can be used to protect workers from falls. 

Devices on the statutory list can also be used together, such as a hoist and rope with a ladder.  Sometimes certain devices will be better than others, such as erecting scaffolding on uneven ground instead of using a ladder.  Where an owner or contractor does not provide these devices, or provides an inadequate ladder that does not give proper protection to a worker, that defendant could be liable under New York law.

Labor Law Section 241 (6)

A more specific section relating to ladder falls is under section 241 (6), which requires owners and contractors to comply with certain Industrial Code regulations to protect workers.  These regulations are very specific in how to construction, maintain, and use certain safety devices for certain aspects of construction.  If a defendant violates the Industrial Code and this violation is a proximate cause of the worker’s injuries, a defendant may be strictly liable to a victim.  This means a victim’s comparative fault will not apply, as long as the worker was not the sole proximate cause (i.e., the worker is the only cause of the accident, such as using a perfectly safe ladder upside down and falling), or a recalcitrant worker (i.e., refused to use the safety devices available to him or her after multiple warnings).

As it relates to ladders, three specific subsections of a regulation relating to ladders:

First, under 12 NYCRR section 23-1.21 (b) (4) (ii), all ladder footings shall be firm and not placed on slippery surfaces or surfaces that are insecure like on top of bricks or boxes.

Second, under 12 NYCRR section 23-1.21 (b) (4) (iv), when a ladder is being used between 6 and 10 feet above the ladder footing, a leaning ladder must be held by a person with a foot on the ladder OR the upper end of the ladder must be secured against the side (i.e., with rope, nailed down, or otherwise fastened or held).  Anytime a worker is 10 feet above the ladder footing, the ladder must be secured at the top AND someone must be holding the ladder at the bottom or the bottom of the ladder is secured (or safety feet are used).

Third, 12 NYCRR section 23-1.21 (b) (4) (v) requires that the upper end of a ladder which is leaning against a slippery surface must always be mechanically secured while any work is being performed on the ladder.  That includes whether the person is just 4 feet from the bottom, or within the 6 to 10 feet range.

Did You Suffer Ladder Fall Injuries in Staten Island in Violation of the Labor Law?  Are You Unsure?  Call Our Construction Accident Lawyer for Help

 If you or a loved one were seriously injured construction accident in New York, particularly right here in Staten Island, Brooklyn, New York City, The Bronx, Queens, Long Island, and in surrounding areas, please call our experienced construction accident lawyer in Staten Island for help.  We offer FREE consultation and can help advise you and your family of your rights to compensation under the Labor Law.  To schedule your FREE consultation with the O’Connor Law Firm, call (718) 948-3500 or send us an email through our “Contact Us” box available here.