Working on a construction site puts you at constant risk of serious injury, and few hazards are more common than ladder accidents. If you or someone you know has been injured in a fall, understanding who may be legally responsible can be easier with the help of a construction accident lawyer in NYC.
Below, Cassisi & Cassisi, P.C.’s construction accident lawyer in New York explains who may bear responsibility for such a claim and how the process works.
Why Ladder Accidents on NYC Construction Sites Happen
Ladder accidents are among the most frequently reported causes of serious workplace injuries in New York. According to the NYC Department of Health’s report on construction worker injuries, at least one serious safety violation was cited in 90% of the fatality investigations reviewed. The Bureau of Labor Statistics’ Survey of Occupational Injuries and Illnesses also showed that private-industry construction employers in New York reported 5,100 nonfatal workplace injuries and illnesses in 2024.
The causes of falls from height tend to follow recurring patterns, such as workers being forced to use old or defective ladders because proper equipment is unavailable. It may also be the wrong type of ladder for the job, such as using an A-frame ladder where an extension ladder would be safer. A construction accident lawyer in NYC can look at these factors when gathering evidence for a claim.
The rules can be quite specific. For example, federal OSHA rules require safe access for workers to navigate a break in elevation of 19 inches or more, and no ramp, runway, sloped embankment, or personnel hoist is provided. Similar rules from the same authority require regular inspection and maintenance of ladders and other construction-related equipment.
Understanding Legal Liability for Ladder Falls on Job Sites in New York
Who is liable for ladder accidents at construction sites in New York? Together, New York Labor Laws 240, 241, and 200 broadly define the legal responsibility for construction ladder injuries in NYC.
Labor Law 240 requires that all New York contractors and owners furnish or erect proper scaffolding and other safety devices. This may apply to workers performing construction, demolition, repair, alteration, painting, cleaning, or pointing work on any structure. It may not apply to owners of one- or two-family dwellings who hire contractors but do not control the work.
Labor Law 241 requires property owners and general contractors to provide reasonable protection for workers performing construction, excavation, and demolition work. Violations may include ladders not being used when they are broken or incapable of sustaining at least four times the maximum load placed on them. Comparative negligence can reduce a worker’s recovery under this statute, unlike under Labor Law 240.
Lastly, Labor Law 200 is New York’s general duty clause. It requires that construction site owners and contractors take reasonable safety precautions. Claims require showing that the responsible party had supervisory control over the work or knew about a hazard.
Determining Who May Be Liable for Your Injury
A construction accident lawyer in NYC can tell you more about how these three laws may apply to your specific situation. Under strict liability, the injured worker generally does not need to prove that the owner or contractor was negligent. Showing that the proper safety equipment was not provided or failed to be provided may be enough to establish liability.
Multiple parties may bear some degree of responsibility for construction ladder injuries, including property owners and subcontractors. Equipment manufacturers may be held responsible or face a product liability claim. Pursuing workers’ compensation benefits and a third-party civil claim under the Labor Laws is also legally permissible under the right circumstances.
Working With a Construction Accident Lawyer in Mineola, Long Island, and Elsewhere in New York
Whether you are filing construction accident claims for ladder injuries in NYC or in an outlying area, such as Mineola on central Long Island, documenting the accident scene and the condition of the ladder involved can be critical. Your construction accident lawyer in NYC may advise collecting photographs and witness names, along with an official incident report, as soon as possible. If the timeline fits, New York construction workers may also be eligible to pursue several types of damages, including current and future lost earnings due to being unable to work, as well as pain and suffering that workers’ compensation does not cover.
Local attorneys should be familiar with New York Labor Laws and related statutes that may apply to the facts of your situation. They can help you identify which parties may carry liability and explain what your claim might cover based on the facts surrounding your injury.
Talk to Cassisi & Cassisi, P.C.’s Construction Accident Lawyer in New York About Your Ladder Accident Claim
If you were injured on a New York construction site, Cassisi & Cassisi, P.C., can assist with making your claim and, where applicable, proving negligence in a New York construction accident. Consider contacting the team at (516) 294-5050 to discuss your ladder accident and understand your legal options in New York.
Frequently Asked Questions
Here are some common questions regarding ladder accident cases in New York.
Who Is Responsible for a Ladder Accident on a New York Construction Site?
Responsibility for a ladder accident on a New York construction site may rest with the property owner, the general contractor, a subcontractor, or an equipment manufacturer, depending on the specific circumstances of the accident and which New York Labor Laws apply.
Can I Sue After a Ladder Accident if I Am Already Receiving Workers’ Compensation?
In many cases, receiving workers’ compensation does not prevent you from filing a civil claim against a third party under New York Labor Laws 240 or 241.
How Long Do Ladder Injury Victims Have To File a Claim With the Help of a Construction Accident Lawyer in Long Island?
Your construction accident lawyer in NYC will generally advise that injured workers in the state file a claim within three years. Claims involving government entities, however, may have shorter filing deadlines in New York.
