Whether you work in construction, manufacturing, warehouse stocking, or any other career that requires ladders and scaffolds, you must understand the risks associated with this equipment. Without the proper safety gear and protocols, you could be putting yourself in harm’s way. Your employer is responsible for creating a safe environment, and if they do not, you may be able to hold them liable for injuries.
An NYC ladder accident lawyer can help you protect your rights after an accident and determine how to move forward.
Common Causes of Ladder and Scaffolding Accidents
With safe usage and adherence to OSHA guidelines, the risk of ladder and scaffolding accidents is minimal. Yet many workplaces fail to adhere to all safety protocols when requiring workers to use this equipment.
Common causes of this type of accident include:
- Incorrect placement: Ladders and scaffolds must be on firm, stable foundations. When propping up a ladder, it needs to be on a level surface at a 75-degree angle (or one foot away from the base for every four feet of height), and both the top and bottom need to be secure.
- Insufficient fall protection: All workers using this equipment should have proper fall protection, whether that means wearing a helmet or harness or adding protective measures around the equipment. For example, using scaffolds with guardrails or the proper anchoring methods can prevent falls.
- Defects: Employers have a responsibility to inspect and maintain all equipment regularly. Ladders that have been stored improperly, exposed to weather, or used past their prime can malfunction, leading to injuries.
- Lack of training: Workers should undergo thorough training before using a ladder or scaffold. Employers should never assume that a new worker knows how to safely use equipment, though a NYC ladder accident lawyer will tell you that this is a common occurrence.
- Improper usage: Attaching two ladders together that are not designed to do so, exceeding the weight limit, or otherwise misusing the equipment can also lead to accidents.
Whatever the cause of your accident, a scaffolding accident lawyer in NYC can help you understand your rights to compensation.
Understanding New York’s Scaffold Law
The risks of scaffold accidents are so severe that New York enacted legislation to attempt to mitigate this hazard. The state’s Scaffold Law, Labor Law 240, assigns strict liability to employers when their workers become injured due to falling from a height without the proper safety equipment.
The law requires employers to provide proper protection for employees whose work requires the use of scaffolding and similar equipment. Such provisions include:
- Equipping scaffolding that is more than 20 feet tall with safety railings that come to at least 34 inches above the surface
- Securely fastening the railing to the scaffolding to prevent it from swaying
- Using scaffolding that is able to hold four times the weight use
This law dates back to 1885, before programs like the Occupational Safety and Health Administration were in place. New York is currently the only state to have such a statute.
Some organizations are opposed to the Scaffold Law, claiming that it leads to 677 more construction injuries each year and significantly increases the costs of construction. While this law increases the cost of insurance, many view it as essential to worker safety.
Still, even with this law, scaffold-related accidents lead to approximately 50 deaths and 4,500 injuries each year. If you were a victim of such an accident, an NYC ladder accident lawyer can help you seek funds to support your recovery.
Seeking Compensation After a Ladder or Scaffolding Accident
If you were injured in a scaffolding or ladder accident, you may have the right to seek compensation. Your scaffolding accident lawyer in NYC can help you explore a few different methods of pursuing payment.
Workers’ Compensation Claim
If your accident happened while you were performing job duties, you probably have the right to workers’ compensation. This benefit is mandatory in New York for virtually all employers who have one or more employees. However, you may not have access to it if you are an independent contractor or freelancer instead of a W-2 employee.
Workers’ comp can help cover your medical bills and lost wages after an accident on the job. It is a straightforward, no-fault system, which means you may still be eligible if you were technically at fault for the accident, such as if you failed to follow ladder safety protocols.
The downside to workers’ compensation is that it does not pay out as much as another type of claim might. It generally only provides two-thirds of your average weekly wages, with a maximum weekly benefit of $1,171.46 before June 30, 2025.
Third-Party Claim
If another party outside your company was technically responsible for the accident, you can consider a third-party liability claim against them. For example, maybe the ladder manufacturer made an error during production that caused the ladder to malfunction while you were on it. Or perhaps a maintenance company failed to fix an issue with the equipment.
If the accident happened at work, you may have the option to seek workers’ comp and a third-party liability claim. Your NYC ladder accident lawyer can advise further.
Liability Claim Against Employer
Filing for workers’ comp prevents you from filing a lawsuit against your employer after the accident. However, if they violated OSHA safety protocols, coerced you into using a ladder or scaffold unsafely, or otherwise contributed to the accident, they may be liable — and you may have the right to file a liability claim.
When you file this type of insurance claim, you can claim up to your employer’s coverage limits, which may be higher than you would receive through workers’ compensation. You may also have the right to proceed to a personal injury lawsuit and claim other types of damages.
Personal Injury Lawsuit
A personal injury lawsuit against your employer or another liable party can allow you to claim economic and non-economic damages. Economic ones can cover the full, direct expenses associated with the accident, such as:
- Medical bills
- Loss of income
- Loss of future earning capacity
Meanwhile, you may also have the right to claim non-economic damages, including:
- Pain and suffering
- Emotional distress
- Loss of quality of life
You have the potential to secure much more than you could through workers’ comp or an insurance claim alone. Your New York construction accident lawyer can help you determine whether legal action is worthwhile in your case.
Contact a Construction Accident Lawyer in NYC
Understanding legal claims after scaffolding accidents can be challenging without a seasoned attorney on your side. At Wiliam Schwitzer & Associates, PC, we have helped countless NYC accident victims seek compensation after ladder and scaffolding accidents. We have recovered hundreds of millions of dollars for our clients and want to help you as well.
Contact us today at 212-683-3800 for a free case evaluation with an NYC ladder accident lawyer.
Frequently Asked Questions
What is the leading cause of accidents when a worker uses scaffolding?
The leading cause of accidents when a worker uses scaffolding is falls, often due to the planking giving away, the worker slipping, or a lack of fall protection.
What is the golden rule of scaffolding?
The golden rule of scaffolding is to prioritize safety through sufficient planning, design, installation, inspection, and training.
At what height is fall protection required on scaffolds?
Fall protection is required for New York scaffolds that are at least 20 feet off the ground. If your employer failed to provide railings on scaffolding that was this tall, an NYC ladder accident lawyer can help you understand your rights.
