New York’s Workers Compensation Law generally prevents an employee hurt onthe job from suing his or her employer. However, when a worker is injured in aladder or scaffold accident, he or she may have a right to recover damages evenif his employer was the only negligent party.
New York’s Workers’ Compensation Basics
If you are injured on the job in New York, you automatically qualifyfor Workers’ Compensation and your employer should file for you immediately.Workers’ Compensation will cover your medical expenses and reimburse you forcash losses. If you must miss more than 7 days of work due to a work-relatedinjury or illness, Workers’ Compensation will partially reimburse yourlost wages. The amount you receive will depend upon your average weekly wagefor the previous year. The maximum amount paid cannot exceed $500 perweek.
You can click here to go tothe information on New York’s Workers’ Compensation program. You can clickhere to go to the New York StateWorkers’ Compensation Board web site.
Ladder and Scaffold Cases
New York State Labor Law (Section240 and 241) grants special protections to workers injured while working onladders or scaffolds. These provisions also protect construction workers hurtby objects falling from a ladder or scaffold. This section of the Labor Lawaims to improve worker safety.
This exception applies as long as the incident meets four criteria:
The accident occurs during the construction, demolition or repair of abuilding or structure. The accident involved the use of the following devices:ladders, scaffolding, hoists, stays, slings, hangers, blocks, pulleys, braces,irons, ropes or similar devices. The injury resulted because the device was notconstructed or placed correctly or was operated in a way that failed to provide“proper protection” or where the employee should have been provided a device,but was not. The injury involved an accident that was “elevationrelated.” This requirement could involve a fall from a height, somethingfalling from a height and hurting an employee or an employee working at anelevation.
Ladder and Scaffold Lawsuits
If a worker is hurt on the job in a ladder or scaffold accident, he or shemay be entitled to seek damages from the owner of the property and/or thegeneral contractor on the worksite. New York’s Ladder and Scaffold lawestablishes absolute liability against the owner and general contractor,meaning that even if the worker or the worker’s employer caused the accident,the owner and general contractor still bear full liability.
Many ladder and scaffold cases involve falls. I had a scaffold case inBrooklyn where a construction worker tripped and fell over some improperlystored materials on a scaffold that left him with two herniated discs. Wesettled that case for $300,000. In a case involving an accident at the QueensCounty Courthouse, a cable installer fell from a ladder and injured his back. After proving the defendant’s liability at trial, we settled for$225,000.
Some ladder and scaffold cases involve injuries that come from causes otherthan a fall. I have had cases where objects fell from above and hurt a worker.In an unusual case, an attorney used a stepladder given him by his landlord.The stepladder proved to be defective and when the attorney used it, the laddercollapsed and fractured his finger. That attorney retained me to try his caseand we settled for $165,000.
Help with Ladder and Scaffold Lawsuits
If you or a loved one has suffered an injury in a ladder or scaffoldaccident, you should make sure that the person receives immediate medicalcare.
If you believe that you are entitled to compensation, you should contact anexperienced New York personal injury lawyer. Trying cases involving New York’sLadder and Scaffold Law require a familiarity with the law and the case lawthat has developed from the many court rulings on these cases. I have handledmany ladder and scaffold cases over my twenty plus years practicing personalinjury law in New York. I will be glad to answer your questions and assist youif you think you have a case arising from a ladder or scaffold accident.
Carol L. Schlitt has practiced law in New York for 23 years. She hasoperated her solo practice since 1997. Previously she worked as the AssistantCorporation Counsel – Senior Trial Specialist for the City of New York and asan associate for the Manhattan firm of Acito and Klein. She is a past winner ofthe New York City Municipal Attorney of the Year and has her case listed amongthe Top Ten Civil Verdicts in New York.