When a worker falls from a broken, unstable, or unsafe staircase, having the representation of our New York ladder accident lawyers is crucial to seek justice and obtain appropriate compensation. In these cases, serious injuries can occur, including broken bones, abrasions, sprains, injuries to the neck, back, spinal cord, and even fatalities due to the incident.
The most common construction-related accidents involving ladders or stairs, often involve situations where a worker falls because the steps are not properly secured and unexpectedly move. These types of incidents can be devastating and impact both the physical health and financial situation of the affected person and their family.
At Gorayeb & Associates, we understand the gravity of these cases and are dedicated to providing legal support to victims of stairway accidents in New York. Our team of New York construction site ladder accident lawyers are prepared to thoroughly investigate your case, gather relevant evidence, and fight for your rights. You should not face this situation alone. Remember that if you or someone you know has been injured on a staircase, call us today for a free consultation.
What is Workers' Compensation?
If you are a person working in construction and get injured on a staircase, or if you are a family member of someone who died in such an accident, you need to know that in New York, if you get injured while performing daily work tasks, you can file a workers' compensation claim and receive its benefits.
What can be obtained through workers' compensation includes:
- Payment of medical bills
- Partial compensation for lost wages
- Possible disability benefits
- Payment of funeral expenses
Can You Receive Anything More Than Just Workers' Compensation?
Yes. It's important to know that when an employer has workers' compensation coverage, you cannot sue them directly. However, if the accident occurs due to the negligence of a general contractor or site owner, a worker may sue them if their actions are related to the injury.
Third parties that may be responsible for your workplace injuries include, in addition to the general contractor or site owner:
- Manufacturer of defective safety or construction equipment
- Subcontractor incorrectly installing equipment
Unlike workers' compensation, third-party claims may include pain and suffering after sustaining an injury.
If you suffer an injury due to the negligence of a third party, it is advisable to seek guidance from an experienced construction lawyer like those at Gorayeb & Associates. Call today and receive a free consultation.
What Is The Difference Between Workers' Compensation and a Civil Lawsuit?
The benefits that can be obtained from workers' compensation are usually less than those from a personal injury lawsuit. Personal injury lawsuits offer the possibility of receiving higher compensation.
What Are The Laws Justifying Personal Injury Lawsuits?
According to sections 200, 240, and 241 of the labor laws of the state of New York, a person injured at work can file a claim against a general contractor or owner, depending on the type of construction accident that occurred.
The labor laws of the state of New York are:
- Section 200 requires owners and contractors to take necessary measures to ensure workplaces are safe and to protect workers.
- Section 240, known as the "scaffold law," protects workers' rights if they are struck by an object and if they suffer a fall.
- Article 241 outlines the safety measures to be taken and the safety equipment to be used in a workplace.
To qualify for compensation benefits for a work-related accident, one must have been engaged in construction work such as:
- Building Construction
- Building safety measures
How Much Time Do You Have to File a Workers' Compensation Claim?
There are two deadlines to consider in the state of New York when filing a workers' compensation claim:
- Reporting the accident to the employer
- Filing the application to claim benefits
As stipulated by the New York Workers' Compensation Law, workers have 30 days to notify their employer in writing about a work-related illness or injury. It is advisable to do so as soon as possible. Once your employer has been notified, there is a deadline from the date of the injury to file a compensation claim.
The deadlines for filing a compensation claim are:
- Two years from the date of the work-related accident that resulted in the injury
- Two years from when you became aware of the work-related illness
- Two years from the date of a family member's death to file a wrongful death claim
Individuals working in construction have the right to work in a safe environment and to be protected. If you believe your workplace is not safe, you should report the situation to your managers or supervisors so they can address it.
How Much Time Do You Have to File a Third-Party Lawsuit?
If you want to file a third-party lawsuit or were not covered by workers' compensation and plan to sue your employer, you have three years from the date of your injury to make your claim or file your lawsuit.
Exceptions to the Statute of Limitations in New York
The statute of limitations can be extended in certain circumstances, such as:
- Long-term exposure injury or illness: injuries and illnesses that occur gradually through absorption, inhalation, contact, injection, or infection. In these cases, you have three years from the date the injury or illness was discovered.
- Suing a governmental entity: if the accident occurred due to the negligence of a government agency or employee, you only have 90 days to file a claim against that agency.
Types of Stairs in Construction
Some of the most commonly used types of stairs in construction are:
- Non-adjustable hinged step ladder
- Single-section non-adjustable length ladder
- Adjustable length ladder that does not support itself and has two or more sections
- Articulated ladder with one or more pairs of articulated joints
- Ladder with one leg opposite to the rungs
- Sawhorse ladder
- Telescopic ladder for variable lengths
Types of Construction Accidents on Stairs
Ladders are a tool that allows construction workers to reach elevated heights to perform their activities. This type of work is dangerous because it involves climbing onto unstable surfaces from which one can fall. Even a fall from a few feet high can cause injuries that require medical attention.
Some of the most common causes of ladder-related accidents are:
- Defects in the ladder
- Exceeding weight capacity
- Not securing the ladder
- Defective design or materials
- Lack of proper safety equipment, such as railings or harnesses
- Lack of qualified supervision
- Debris on the ladder
- Inadequate lighting
- Worn and slippery surfaces
- Choosing the wrong type of ladder
- Using worn or damaged ladders
- Using ladders improperly
- Incorrect placement of ladders
Types of Injuries from Compensation Accidents
When a construction worker is injured in a ladder accident, it is common for them to suffer from one of the following injuries:
- Broken bones
- Back injuries
- Neck injuries
- Traumatic brain injuries
Some Common Places Where Ladder Accidents Occur
Ladder accidents that occur in construction can take place on:
- Holes in the floor
- Unstable walls
- Thin or weak floors
To prevent ladder accidents when workers perform tasks at heights, it is important for them to have railings and safety nets.
What to Do in Case of a Ladder Accident?
If you or a loved one experiences an accident while working at a construction site, we recommend following these steps:
- If possible, seek immediate medical attention or ask for assistance
- Report the accident to your employer as soon as possible
- Take photos of the accident scene and your injuries
- Follow your doctor's instructions
- Hire a construction ladder injury attorney in New York Accident to file your claim
Gorayeb & Associates' accident lawyers have over 35 years of experience defending construction workers. Call us today.
How Does a Lawyer Help in Claiming Compensation for a Ladder Accident in Construction?
An experienced New York ladder accident attorney like those at Gorayeb & Associates can help you build a strong claim for your injuries by:
- Investigating the circumstances of your ladder accident
- Looking for signs of employer negligence (or third parties)
- Gathering necessary evidence and working with experts to determine accident liability
- Calculating the value of the claim
- Fighting to obtain the maximum compensation
Frequently Asked Questions for a worksite ladder accident lawyer in New York
- Ladders should only be used for their intended purpose.
- Ladders with defects or flaws should not be used.
- Ladders must be capable of supporting themselves without breaking.
- Ladders must be able to support at least 4 times the maximum intended load.
- Ladders should have a surface that prevents individuals from suffering puncture wounds or lacerations and ensures that clothing does not get caught.
- Ladders should only be used on stable and level surfaces, unless secured to prevent accidental displacement.
- Do not use ladders on slippery surfaces unless they are secured or equipped with non-slip feet.
To learn more about OSHA regulations regarding the proper use of ladders in the workplace, click here.
Ensuring the safety of a ladder is the responsibility of both the workers and the managers and employers who oversee them. It is crucial that everyone pays attention to its proper functioning before using it.
When it comes to ladder safety, workers are responsible for their own behavior while on a ladder or in its vicinity. This means they must follow safe practices when ascending or descending and when working on ladders. Other workers should also behave appropriately when near a ladder being used by someone else. Workers using ladders should continuously inspect them for any damage or other issues that could lead to an accident and report such findings to managers and supervisors in the workplace.
An employer must ensure that all workers have the necessary training for the proper use of ladders and should also provide them with the required safety equipment for their tasks. Employers should verify that the ladders are in good condition and designed for the type of work employees perform. This includes ensuring that they can support the loads workers will carry while ascending or descending and securing them properly.
Ensuring the safety of workers on ladders is paramount, particularly when working at heights. Workers are advised to utilize harnesses in conjunction with ropes to securely fasten themselves, providing an additional layer of protection against potential falls. Additionally, for tall fixed ladders, the incorporation of cages or other forms of fall protection is crucial to minimize the risk of serious injuries.
In cases where employers, contractors, or construction site owners neglect to enforce or maintain ladder safety protocols, they may face liability if an individual sustains injuries in an accident. It is imperative for all stakeholders to prioritize and adhere to safety measures, fostering a secure work environment and mitigating the potential for accidents and their associated consequences.
When considering your options for compensation after an injury, the nature of the incident plays a pivotal role in determining the suitable course of action. Depending on the circumstances surrounding your injury, you may have the option to file a personal injury lawsuit, a workers' compensation claim, or even pursue both avenues simultaneously.
A personal injury lawsuit is typically initiated when the injury is the result of another party's negligence or intentional actions. This legal action allows you to seek compensation for damages such as medical expenses, lost wages, pain and suffering, and other related losses.
On the other hand, a workers' compensation claim is designed to provide financial support for employees who suffer job-related injuries or illnesses. This avenue ensures that injured workers receive benefits regardless of fault, offering coverage for medical expenses and a portion of lost wages.
The specific circumstances surrounding your injury, the parties involved, and the applicable laws will influence the most appropriate course of action. Consulting with a legal professional, such as those at Gorayeb & Associates, can provide valuable insights and guidance tailored to your unique situation.
Construction workers in the state of New York, including undocumented workers, have the right to file a compensation claim if they suffer a work-related accident resulting in injury.
- Where were you on the ladder when the accident occurred?
- Did you fall headfirst or feet-first?
- Which parts of your body made contact with the surface?
- Did you hit the ground with your hip, arms, or leg?
- On what surface did you fall?
It's likely. A high percentage of construction accident cases are settled through an agreement before reaching court. However, sometimes, due to the nature of the accident and the laws involved, the case may need to be filed in court.
The answer is yes! If you are injured, you can sue any party responsible for your accident on the construction site, including the owner, the general contractor, and subcontractors on the site.
Every accident case is unique, given the specific circumstances surrounding the incident, the individuals involved, and more. Regardless of the challenges in your case, the best thing you can do is discuss everything with your ladder injury attorney in NYC. If they are aware of the challenges in your case, they can develop an optimal strategy for success and winning compensation for your accident.
Yes. You have the right to choose the NYC construction injury attorney for ladder accidents you feel most comfortable with to represent your case. You can request your complete file from your previous lawyer to provide it to the new one at Gorayeb & Associates.
An “expert witness” is a person with specific knowledge in a particular field, usually more extensive, who serves to testify in an accident case. In a construction accident, for example, a doctor specializing in the type of injury may testify about whether it will be permanent or temporary and estimate a recovery time.
One important characteristic your New York ladder accident lawyers should have is extensive experience in representing cases like yours. Therefore, you should be aware of the results that lawyer has achieved in similar cases. Our ladder accident lawyers in New York have extensive experience in these types of cases, so if you find yourself in a similar situation, don't hesitate to call us today for a free consultation.