If you were hurt in a ladder accident on a construction site, a NYC ladder accident lawyer can help you hold the responsible parties accountable and recover for what the fall cost you. Ladders are one of the most common causes of falls in construction, and when a ladder is defective, set up wrong, or the wrong tool for the job, the injuries can be serious. New York law gives injured workers strong protection here, stronger than in almost any other kind of injury case.
A ladder fall is rarely just the worker's mistake. It usually points to a ladder that should have been secured, replaced, or never handed out for that task in the first place. Korman Lynch Lustig & Sassower handles ladder accident cases and moves quickly to protect them. Below are straight answers to the questions injured workers ask our ladder accident attorneys most.
Call us at (212) 732-4992 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through our website today.
You likely have a case if you were hurt in a fall from a ladder on a job site because the ladder was defective, unstable, set up wrong, or the wrong ladder for the work. Like other construction accident claims, you often do not have to prove your employer was at fault, because owners and contractors owe strong safety duties for elevation work. You also do not need to explain exactly why the ladder moved. If it moved, that is usually the point. Our ladder accident lawyers review what happened at no cost.
Yes. Despite its name, New York's Scaffold Law is not limited to scaffolds. It covers elevation related work and specifically includes ladders among the safety devices owners and contractors must provide and maintain.
The question is whether the ladder gave you the protection the law required. A ladder that slid out, kicked, wobbled, twisted, sank into soft ground, or collapsed did not do that, and neither did a ladder nobody was holding or securing. The same is true when the ladder was too short so the work could only be reached by standing on the top, or when the job needed a scaffold or a lift and a ladder was handed out instead. Our ladder accident attorneys do not have to prove the site was negligent in the ordinary sense, only that the protection failed and the failure caused the fall.
In an ordinary injury case, a share of blame reduces the recovery. Where this law applies, being careless yourself generally does not, because the responsibility sits with the owner and the general contractor. That is why insurers fight so hard over whether a ladder case fits the statute, and why it is worth having the question answered by someone who handles these rather than assuming the fall was your own fault.
The defense that can defeat a ladder claim is a narrow one. It requires proof that a proper safety device was available on the site, that you knew you were expected to use it, and that you chose not to for no good reason, and that this choice was the only cause of the fall. A worker who used the ladder that was given to him, or the only one on the job, does not fall into that category. Insurers stretch this defense well past its limits, usually by suggesting there was a better ladder somewhere on the site. Documenting what was actually available on the day of the fall is a large part of the case.
This is the question most injured workers never think to ask. Ladders are meant for access and for short duration work within easy reach. When the job involves working with both hands, leaning to the side, handling material or a heavy tool, or staying at height for an extended period, the correct equipment is a scaffold, a baker's scaffold, or a lift, and our ladder accident lawyers regularly find that one was on the site or a phone call away. Handing a worker a six foot step ladder to hang duct, pull wire overhead, or cut into a ceiling is a decision made by a contractor to save time, and it is a decision the law examines. Related equipment claims are covered on our scaffolding accident page.
Most ladder falls trace back to a problem that should have been prevented. The cases our ladder accident attorneys handle most include:
Ladder safety is a specific set of requirements, and naming the one that was skipped is often how the case gets proven:
Almost every ladder fall involves at least one of these, and most involve several at once.
Often more than one party is responsible, and usually not just your employer. The property owner, the general contractor, the construction manager, a subcontractor whose crew set up or used the ladder, the equipment rental company, and the maker of a defective ladder can all share the blame. Because the Scaffold Law reaches owners and general contractors directly for elevation work, the case usually runs against parties who never touched the ladder. Where the site belongs to the City, the MTA, a school authority, or the Housing Authority, the public agency is a defendant too, on a far shorter deadline.
Often, yes. Workers' compensation can pay part of your medical bills and lost wages no matter who was at fault, but it does not cover pain and suffering and it usually blocks a claim against your employer. Because ladder falls often reach owners and contractors under the Scaffold Law, there is frequently a strong separate case that recovers far more.
At the end of that case the compensation carrier is repaid part of what it spent on your treatment and benefits, and that amount can be negotiated down so more of the recovery stays with you. Our ladder accident lawyers pursue both and handle the lien as part of the work.
The arguments are predictable, and each one has an answer:
The ladder is the single most important piece of evidence, and it goes back into the pile or onto a truck within days. Beyond the ladder itself, these cases are built on photographs of the setup and the surface, the accident and safety reports, daily logs and sign in sheets showing who was working there, the site's equipment inventory and rental records showing what scaffolds and lifts were available, ladder inspection and tagging records, toolbox talk sheets, the contracts showing which company controlled the work, site video, and Buildings Department or OSHA records for the job.
Coworkers who saw the ladder before and after the fall matter enormously, and they scatter to other jobs quickly. Written preservation demands go out at the start of the case for that reason.
Get medical care first, then protect the case before the ladder is moved.
Height is not the only thing that determines severity. A fall from six or eight feet onto concrete, rebar, or a stair landing produces the same injuries as a much longer fall, and workers often land on an outstretched arm or on their side rather than their feet:
Yes. Your immigration status does not stop you from bringing a ladder accident claim in New York, and it does not stop you from recovering. It also does not matter whether you were paid off the books. The elevation safety laws protect every worker on the site, and our ladder accident lawyers protect that right without involving anyone else in your status.
In most cases you have three years from the date of the accident to file a lawsuit, and two years in a death case. If a public entity is involved, you may have as little as ninety days to serve a formal notice first. Filing for workers' compensation does not preserve the case against the owner or the contractor. Because the ladder can be removed or the site changed within days, the real clock on the evidence runs much sooner.
When a ladder accident is caused by a problem that should have been prevented, the compensation is meant to cover what it took from you. No lawyer can promise a number, but a claim can pursue:
Where the Scaffold Law applies, the case is also worth more than an ordinary fall claim, because responsibility is settled and the argument moves to the value of the injury.
Nothing upfront. Our ladder accident lawyers handle these cases on a contingency fee basis, which means you pay no attorney's fee unless there is a recovery for you. The first consultation is free and carries no obligation.
Korman Lynch Lustig & Sassower carries the case so you can focus on your recovery. Our ladder accident lawyers:
Our ladder accident lawyers prepare every case as if it will be tried, because that is what makes an owner, a contractor, and their insurers take the claim seriously. A settlement on the right number is welcome. A settlement that shortchanges what the fall cost you is not one this firm accepts just because it comes early.
A ladder can be removed and the site changed within days, and the evidence that proves your case will not wait. The sooner your case is built, the stronger it is. Contact Korman Lynch Lustig & Sassower for a free consultation about your NYC ladder accident.
Call us at (212) 732-4992 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through our website today.
Attorney Advertising | Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
