All it takes is an unstable surface or a falling object to cause a fall from a ladder. Even a fall of a few feet can cause injuries that require long-term extensive medical care. For construction workers, the unexpected medical expenses and time off of work can be devastating.
Will Workers’ Compensation Insurance Cover The Costs Of My Medical Expenses?
Nearly every employee is covered by workers’ compensation. There are only a few exceptions:
- Volunteers for nonprofit organizations who receive no monetary compensation.
- Members of religious orders who perform religious duties.
- Certain industries have their own coverage under different laws, like railroad workers.
The majority of construction companies have workers’ compensation insurance for injured employees. But what isn’t commonly known is the high percentage of denials of workers’ comp claims. In January 2015, the Department of Labor reported that 53% of all injured workers were denied workers’ comp benefits in New York.
Workers’ comp also only covers necessary medical expenses and a fraction of your lost wages. For victims and their loved ones, this might not be enough to keep them on their feet, especially if the injuries they sustain require extensive medical care or are career ending.
Common Injuries Suffered From A Ladder Fall
Anytime a person is more than a few feet off of the ground, a fall can cause severe injuries. In addition, ladders are often not secured in a location that provides a soft landing, increasing the chance of injury. Common injuries include:
- Fractured / Broken Bones
- Brain Injuries
- Spinal Injuries
Workers’ compensation, if approved, has limitations to the benefits that you are entitled to. A personal injury lawsuit may help you regain compensation for all of your losses.
Why Should I File A Lawsuit After A Ladder Fall?
In addition to covering your medical expenses and all lost wages, you can also pursue compensation for pain and suffering, emotional pain, and even hardships your family has had to endure.
Thankfully, New York has strict liability laws in place to protect those who are injured when falling off of a ladder at work.
New York Ladder Laws
Under New York’s “Scaffold Law”, anytime an employee falls from a height while at work, the owner of the work site and the contractor may be held legally responsible. This law is unique because the burden of proof falls on the side of the defendant. This means that they have to prove that they were not negligent. In most personal injury cases, it is the responsibility of the plaintiff to prove that the defendant was negligent.
There are a surprising number of ladder types. Each of these ladders has its own way of being properly used and all employees should be educated about each type used on the job. In the state of New York, ladders on construction sites must be braced, tied or otherwise secured prior to a worker climbing on them. This includes:
- step ladders
- single ladders
- extension ladders
- articulated ladders
- tripod ladders
- trestle ladders, and
- telescoping ladders
Because of New York’s Scaffolding Law, it is the responsibility of the manager, general contractor, subcontractor, or property owner to educate and ensure that all employees are using ladders appropriately.
Our Ladder Fall Lawsuit Results
Our experienced and knowledgeable construction accident attorneys at Lipsig, Shapey, Manus, and Moverman P.C. have successfully represented construction workers who sustained injuries from ladder falls. We’ve won large verdicts and settlements for our clients so that they may rest easy knowing their future is taken care of. While the following is not a guarantee of a successful outcome, it shows how diligently we will fight for you.
Contact An Attorney Today
The attorneys at Lipsig, Shapey, Manus, and Moverman P.C. are here to help you sort through your legal options and determine the best course of action for you and your loved ones. We work on a contingency fee basis, which means you don’t pay anything until we win your case.
Contact us today for your free consultation at 646-846-4496.