Ladder Accidents: Legal Rights and Estimated Compensation

By: | September 11th, 2023

Photo by Jens Behrmann on Unsplash

Working a construction job is dangerous and construction workers are well compensated for the risks that they take. However, a construction company must provide safe ladders and teach their employees how to use them properly. 

If a worker injures themselves on a ladder and that ladder is not secured properly, the construction company may be liable if the worker injures themselves. Construction companies should provide safety instructions for any potentially dangerous tasks you will be asked to do. 

Unfortunately, falls from ladders are common for both construction and maintenance workers. Worker’s compensation should pay for your medical bills if you have been injured in an accident, but it is not a bad idea to talk to a personal injury attorney as well. 

Filing a Worker’s Compensation Claim

The first thing you want to do when you have an accident at work is notify your employer. They will fill out an accident report with you. You will go to a doctor that is in their insurance company’s network. 

The state of New York requires you to notify your employer of an injury within 30 days. 

However, It is best to tell them right away. A claim must be filed within two years to receive benefits.

You should be able to get compensation even if the accident was fully or partially your fault because New York follows a no-fault insurance rule. 

There are exceptions to this rule. If you are drunk or on drugs at the time of the fall, your worker’s compensation claim may be denied.

All New York employers are expected to have worker’s compensation. However, you are unlikely to be covered if you are an independent contractor.

Special Rules For Ladder Work

Worker’s Compensation laws generally forbid workers from suing their employers due to their injuries. However, The state of New York has special rules for people who work at heights. A ladder or scaffolding must have certain safety features. You can sue if an employer fails to do this.

In some cases, the ladder or scaffolding might be defective. A personal injury attorney can assist you with a product liability lawsuit. This type of lawsuit often results in a class action. This means other people who have been injured by the same product can join you in your lawsuit.

Product liability lawsuits can be quite lucrative. However, they require a great deal of research. You must use a trained personal injury attorney with plenty of time to devote to the case. 

How Much Money Should I Expect?

All of your medical bills should be paid for by your insurance company. If you are unable to work because of your injury, You should receive two-thirds of your working wage. You will have to be out for a week or more to receive this compensation.

Falling from a ladder can result in severe and life-changing injuries. The right law firm can help you get the money you need to move on with your life.


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