| New York's Workers Compensation Law generally | | | | employee or an employee working at an |
| prevents an employee hurt on the job from suing his | | | | elevation. |
| or her employer. However, when a worker is injured | | | | Ladder and Scaffold Lawsuits |
| in a ladder or scaffold accident, he or she may have | | | | If a worker is hurt on the job in a ladder or scaffold |
| a right to recover damages even if his employer was | | | | accident, he or she may be entitled to seek damages |
| the only negligent party. | | | | from the owner of the property and/or the general |
| New York's Workers' Compensation Basics | | | | contractor on the worksite. New York's Ladder and |
| If you are injured on the job in New York, you | | | | Scaffold law establishes absolute liability against the |
| automatically qualify for Workers' Compensation and | | | | owner and general contractor, meaning that even if |
| your employer should file for you immediately. | | | | the worker or the worker's employer caused the |
| Workers' Compensation will cover your medical | | | | accident, the owner and general contractor still bear |
| expenses and reimburse you for cash losses. If you | | | | full liability. |
| must miss more than 7 days of work due to a | | | | Many ladder and scaffold cases involve falls. I had a |
| work-related injury or illness, Workers' Compensation | | | | scaffold case in Brooklyn where a construction |
| will partially reimburse your lost wages. The amount | | | | worker tripped and fell over some improperly stored |
| you receive will depend upon your average weekly | | | | materials on a scaffold that left him with two |
| wage for the previous year. The maximum amount | | | | herniated discs. We settled that case for $300,000. In |
| paid cannot exceed $500 per week. | | | | a case involving an accident at the Queens County |
| You can click here to go to the information on New | | | | Courthouse, a cable installer fell from a ladder and |
| York's Workers' Compensation program. You can click | | | | injured his back. After proving the defendant's |
| here to go to the New York State Workers' | | | | liability at trial, we settled for $225,000. |
| Compensation Board web site. | | | | Some ladder and scaffold cases involve injuries that |
| Ladder and Scaffold Cases | | | | come from causes other than a fall. I have had cases |
| New York State Labor Law (Section 240 and 241) | | | | where objects fell from above and hurt a worker. In |
| grants special protections to workers injured while | | | | an unusual case, an attorney used a stepladder given |
| working on ladders or scaffolds. These provisions also | | | | him by his landlord. The stepladder proved to be |
| protect construction workers hurt by objects falling | | | | defective and when the attorney used it, the ladder |
| from a ladder or scaffold. This section of the Labor | | | | collapsed and fractured his finger. That attorney |
| Law aims to improve worker safety. | | | | retained me to try his case and we settled for |
| This exception applies as long as the incident meets | | | | $165,000. |
| four criteria: | | | | Help with Ladder and Scaffold Lawsuits |
| 1. The accident occurs during the construction, | | | | If you or a loved one has suffered an injury in a |
| demolition or repair of a building or structure. | | | | ladder or scaffold accident, you should make sure |
| 2. The accident involved the use of the following | | | | that the person receives immediate medical care. |
| devices: ladders, scaffolding, hoists, stays, slings, | | | | If you believe that you are entitled to compensation, |
| hangers, blocks, pulleys, braces, irons, ropes or similar | | | | you should contact an experienced New York |
| devices. | | | | personal injury lawyer. Trying cases involving New |
| 3. The injury resulted because the device was not | | | | York's Ladder and Scaffold Law require a familiarity |
| constructed or placed correctly or was operated in a | | | | with the law and the case law that has developed |
| way that failed to provide "proper protection" or | | | | from the many court rulings on these cases. I have |
| where the employee should have been provided a | | | | handled many ladder and scaffold cases over my |
| device, but was not. | | | | twenty plus years practicing personal injury law in |
| 4. The injury involved an accident that was "elevation | | | | New York. I will be glad to answer your questions |
| related." This requirement could involve a fall from a | | | | and assist you if you think you have a case arising |
| height, something falling from a height and hurting an | | | | from a ladder or scaffold accident. |