New York's Workers Compensation Law generally prevents an employee hurt on the job from suing his or her employer. However, when a worker is injured in a ladder or scaffold accident, he or she may have a right to recover damages even if his employer was the only negligent party.
New York's Workers' Compensation Basics
If you are injured on the job in New York, you automatically qualify for Workers' Compensation and your employer should file for you immediately. Workers' Compensation will cover your medical expenses and reimburse you for cash losses. If you must miss more than 7 days of work due to a work-related injury or illness, Workers' Compensation will partially reimburse your lost wages. The amount you receive will depend upon your average weekly wage for the previous year. The maximum amount paid cannot exceed $500 per week.
You can click here to go to the information on New York's Workers' Compensation program. You can click here to go to the New York State Workers' Compensation Board web site.
Ladder and Scaffold Cases
New York State Labor Law ( ?QUERYTYPE=LAWS+&QUERYDATA;=$$LAB240$$@TXLAB0240+&LIST=SEA15+&BROWSER=EXPLORER+&TOKEN=38109199+&TARGET=VIEW" Section 240 and 241 ) grants special protections to workers injured while working on ladders or scaffolds. These provisions also protect construction workers hurt by objects falling from a ladder or scaffold. This section of the Labor Law aims to improve worker safety.
This exception applies as long as the incident meets four criteria:
- The accident occurs during the construction, demolition or repair of a building or structure.
- The accident involved the use of the following devices: ladders, scaffolding, hoists, stays, slings, hangers, blocks, pulleys, braces, irons, ropes or similar devices.
- The injury resulted because the device was not constructed or placed correctly or was operated in a way that failed to provide "proper protection" or where the employee should have been provided a device, but was not.
- The injury involved an accident that was "elevation related." This requirement could involve a fall from a height, something falling from a height and hurting an employee or an employee working at an elevation.
Ladder and Scaffold Lawsuits
If a worker is hurt on the job in a ladder or scaffold accident, he or she may be entitled to seek damages from the owner of the property and/or the general contractor on the worksite. New York's Ladder and Scaffold law establishes absolute liability against the owner and general contractor, meaning that even if the worker or the worker's employer caused the accident, the owner and general contractor still bear full liability.
Many ladder and scaffold cases involve falls. I had a scaffold case in Brooklyn where a construction worker tripped and fell over some improperly stored materials on a scaffold that left him with two herniated discs. We settled that case for $300,000. In a case involving an accident at the Queens County Courthouse, a cable installer fell from a ladder and injured his back. After proving the defendant's liability at trial, we settled for $225,000.
Some ladder and scaffold cases involve injuries that come from causes other than a fall. I have had cases where objects fell from above and hurt a worker. In an unusual case, an attorney used a stepladder given him by his landlord. The stepladder proved to be defective and when the attorney used it, the ladder collapsed and fractured his finger. That attorney retained me to try his case and we settled for $165,000.
Help with Ladder and Scaffold Lawsuits
If you or a loved one has suffered an injury in a ladder or scaffold accident, you should make sure that the person receives immediate medical care.
If you believe that you are entitled to compensation, you should contact an experienced New York personal injury lawyer. Trying cases involving New York's Ladder and Scaffold Law require a familiarity with the law and the case law that has developed from the many court rulings on these cases. I have handled many ladder and scaffold cases over my twenty plus years practicing personal injury law in New York. I will be glad to answer your questions and assist you if you think you have a case arising from a ladder or scaffold accident.
