Filing a claim for an NYC ladder accident
Incidents happen when rules are broken, and if a rule is broken on a construction site, it directly results from someone’s negligence. In this case, a workers’ compensation claim can be filed. With the help of a skilled NYC ladder accident attorney, you can ensure the proper compensation for your injuries.
However, filing a personal injury lawsuit will also be important on top of a workers’ compensation claim. This should be done for three reasons:
- Workers’ compensation claim benefits are unlikely to pay non-economic damages like pain and suffering. You can only secure these damages with a personal injury lawsuit.
- When filing a workers’ compensation claim, you rarely get 100% of your expenses covered. A lawsuit, on the other hand, can help you win all that and sometimes more.
- A personal injury lawsuit on top of a workers’ compensation claim may encourage the employer to improve safety concerns.
What damages can you claim in an NYC ladder accident?
The injuries of a ladder accident on a construction site in NYC go further than a simple medical bill that workers’ compensation could cover. This is why filing a lawsuit could cover most expenses and the intangible losses resulting from the injuries.
Generally, you can recover two categories of damages in your lawsuit.
Economic damages
These damages are all tangible things you have lost. They can include medical bills, ongoing therapy, loss of wages, physical therapy, and future earnings.
Non-economic damages
You can obtain these damages from a lawsuit and are one step further than economic damages. Non-economic damages are intangible things that stem your injuries that money can’t put a value on. These include pain and suffering, loss of consortium, mental anguish, or loss of quality of life.
What are some common causes of ladder accidents?
No matter what type of ladder you use, accidents can always happen. From portable ladders and platform ladders to step ladders and extension ladders, here are the most common causes of ladder accidents.
- Broken steps on the ladder
- Bad maintenance of the ladder being used
- Exceeding the weight limit on the ladder
- Failing to secure the ladder in place before use
- Old and worn ladders with damages
- Improper employee training for ladder use
- Lack of fall protection
On construction sites, the use of ladders is commonplace and can almost lure a sense of unquestioning confidence to the user, but proper safety measures and precautions are necessary for a ladder to avoid significant damage.
What kinds of injuries are common in ladder accidents?
Injuries from slipping or falling off a ladder at work or on a construction site vary. Some injuries are minor and inflict bruises or cuts, whereas others are far more serious, requiring more care. Below are the most common ladder-related injuries one can sustain:
- Fractures
- Muscle sprains or strains
- Neck injuries
- Traumatic brain injuries (TBI)
- Spinal Cord Injuries
- Paralysis
- Death
It is important to consult a doctor or medical professional after sustaining a fall. Maintaining good medical documentation may help your attorney correlate causation to damages.
OSHA ladder regulations
Unfortunately, falls from ladders are among the most common leading causes of death for construction accident workers. Arguably, many of these serious injuries and fatalities could’ve been prevented by following the Operational Safety and Health Administration (OSHA) guidelines for workplace and work site safety.
In general, OSHA guidelines state that all ladders must be free of slipping hazards, used for their intended purposes, up to par with safety checks, and provide fall protection. This is the job of the construction site manager or owner to ensure these guidelines are followed. If these guidelines are followed, and you sustain injuries, a NYC ladder accident lawyer can inform you of the steps forward for a legal claim.
Apart from this, New York state also has specific laws for protecting construction workers. The most important law, New York Labor Law 240(1), known as the scaffolding law, imposes strict liability on the property or site owner who doesn’t provide the necessary safety protection or equipment when ladders are in use.
Due to these strict laws, the team at The Weinstein Law Group, PLLC is your legal ally for any ladder-related accidents. We listen to your concerns and offer support for what you have been through. We care about our clients and can be the NYC ladder accident attorneys you need.
Who can be held liable for a ladder accident injury?
In New York, employers are likely exempt from being held responsible for personal injury lawsuits or construction accident injuries. This is becuase employers are expected to have workers’ compensation insurance where an injured makes a claim regardless of who is at fault.
Even though filing an insurance claim does help the injured party find some compensation for medical bills, if the injured party is found partially or wholly at fault, complications with the claim may arise. Fact depending, it is suggested that a suit can be filed against third parties. Third parties under the New York Labor Law Section 200 include the following:
- The construction site owners
- A general contractor
- A sub-contractor
- Prime contractors
- Architects
- Equipment retailers
- Equipment manufacturers
Why work with The Weinstein Law Group, PLLC
Due to the heightened risk involved in the construction field or any other field of manual labor, sites are heavily monitored by state and federal regulations. But, as we’ve touched on, these strict standards aren’t always followed. This leaves workers hurt and unprotected.
No matter who is at fault, these guilty parties will do what is needed to get out of being held liable for your injuries. At The Weinstein Law Group, PLLC, we are aggressive with your claim and know how to navigate these legal processes.
- Our legal team has won over $100,000,000 in recoveries and settlement amounts for our clients.
- Steven Weinstein is known as one of the most detail-oriented personal injury attorneys in the state of New York. He and his team will offer the needed legal resources and support so that you can come out successful in your claim.
- Every client is considered a priority, and with the hard work we offer, you can rest assured that you’re listened to and represented well.
How much does it cost to hire a construction ladder accident lawyer in NYC?
Most who have been in an accident or have been injured at the workplace already have their recovery and extensive medical bills on the front of their mind. Hiring a costly construction ladder accident attorney in NYC might be intimidating and the last thing many think about. Most lawyers work on what is known as a contingency fee basis.
A contingency fee basis means no money is paid to a law team unless you win your claim. Then, a discussed amount will be agreed upon and owed. At The Weinstein Law Group, PLLC, we don’t ask for a dime unless successful.
It doesn’t matter how many hours we worked on your claim or supported you; we won’t require payment if there is a loss. Ultimately, no compensation means no payment. This way, you can get the help you need without worrying about costly attorney fees.
Speak with a professional as soon as possible following an NYC ladder accident
After suffering any injuries from a ladder accident, a NY ladder accident law firm should be your first call. At The Weinstein Law Group, PLLC, we take pride in being your legal advocates and aren’t afraid to take aggressive legal actions against those responsible. With over 30 years of experience in all types of cases throughout various areas, we are ready to fight for your compensation.
Construction accidents and ladder injuries can bring complex legal battles. We aren’t afraid to step in and represent you so you can focus on your recovery. For more information about your claim or any questions, schedule your free consultation by calling us today at (212) 741-3800.
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Steven M. Weinstein