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Scaffold and ladder falls are among the most serious and dangerous accidents on construction sites throughout New York City and Long Island. These accidents often result in catastrophic injuries that permanently change a worker’s life.
New York Labor Law provides some of the strongest protections in the country for construction workers injured in elevation related accidents. In many cases, these laws allow injured workers to pursue compensation beyond workers’ compensation benefits.
Understanding your rights after a scaffold or ladder fall can make a critical difference in your recovery and financial future.
Why Scaffold and Ladder Falls Are So Dangerous
Falls from ladders and scaffolds frequently involve significant heights, unstable equipment, or unsafe working conditions. Even a fall from a short distance can cause severe or permanent injuries, including:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken bones and complex fractures
- Internal organ damage
- Permanent disability or loss of earning capacity
Because of the extreme risk involved in elevation work, New York law places heightened responsibility on property owners and contractors to protect workers.
New York Labor Law and Elevation Related Accidents
Labor Law 240 The Scaffold Law
New York Labor Law Section 240, commonly known as the Scaffold Law, was enacted to protect construction workers who perform work at elevated heights.
This law requires property owners and contractors to provide proper safety devices, including:
- Secure and properly constructed scaffolding
- Stable and adequately secured ladders
- Safety harnesses, lifelines, and fall protection systems
- Guardrails and protective equipment
When a worker is injured because these safety devices were missing, defective, improperly placed, or inadequate, property owners and contractors may be held strictly liable.
Strict liability means the injured worker does not need to prove negligence to recover compensation.
Labor Law 241(6) and Construction Safety Regulations
Labor Law 241(6) requires construction sites to comply with specific safety rules contained in the New York Industrial Code. Violations involving ladder placement, scaffold stability, or fall protection may create additional grounds for liability.
Labor Law 200 and Unsafe Work Conditions
Labor Law 200 establishes a general duty to provide a safe work environment. When property owners or contractors knew or should have known about dangerous scaffold or ladder conditions, they may be held accountable for resulting injuries.
Who Can Be Held Liable for Scaffold and Ladder Falls?
Scaffold and ladder fall cases often involve multiple responsible parties. Depending on the circumstances, liability may extend to:
- Property owners
- General contractors
- Construction managers
- Subcontractors
- Equipment manufacturers
Under New York Labor Law, these parties cannot avoid responsibility simply by claiming the worker made a mistake. The law places responsibility on those who control the job site and benefit from the work being performed.
For more insight into responsibility on construction sites, read our related blog on construction accident liability in New York:
Workers’ Compensation vs Scaffold and Ladder Fall Lawsuits
Workers’ compensation provides medical coverage and partial wage replacement, but it does not compensate injured workers for pain and suffering or full lost income.
When a scaffold or ladder fall involves violations of New York Labor Law, injured workers may be entitled to file a personal injury lawsuit seeking compensation for:
- Medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Permanent disability or disfigurement
What to Do After a Scaffold or Ladder Fall on a Construction Site
The steps you take after a scaffold or ladder accident can significantly impact your legal claim.
- Seek medical attention immediately, even if injuries seem minor
- Report the accident to a supervisor or site manager
- Take photos or videos of the ladder or scaffold and surrounding area
- Obtain names and contact information of any witnesses
- Avoid giving recorded statements before speaking with an attorney
- Do not assume workers’ compensation is your only legal option
Scaffold and ladder fall cases under New York Labor Law are time sensitive and evidence driven. Preserving proof early can make a meaningful difference.
Construction Safety Standards and Regulations
Construction sites must comply with federal and state safety standards. Additional guidance on ladder and scaffold safety can be found through the Occupational Safety and Health Administration website.
You can also review New York worker protections through the New York State Department of Labor website.
Frequently Asked Questions About Scaffold and Ladder Falls in New York
Does New York Labor Law 240 apply to ladder accidents?
Yes. Ladders are considered safety devices under Labor Law 240 when used for elevation related work. If a ladder slips, collapses, or is improperly secured, the law may apply.
Can I sue if I fell from a scaffold at work?
In many cases, yes. While workers generally cannot sue their direct employer, they may bring claims against property owners, general contractors, or other responsible third parties.
What if I was partially at fault for the fall?
Fault often does not matter under Labor Law 240. Property owners and contractors may still be held strictly liable even if the worker made an error.
Is workers’ compensation my only option after a ladder or scaffold fall?
Is workers’ compensation my only option after a ladder or scaffold fall?
No. Workers’ compensation does not cover pain and suffering. When Labor Law violations are involved, injured workers may pursue additional compensation through a lawsuit.
How The Bongiorno Law Firm Can Help
Scaffold and ladder fall cases require detailed investigation and a deep understanding of New York Labor Law. At The Bongiorno Law Firm, we work to identify safety violations, determine liability, and pursue maximum compensation for injured construction workers.
Speak With a New York Scaffold Accident Attorney Today
If you were injured in a scaffold or ladder fall on a construction site in New York City or Long Island, do not assume workers’ compensation is your only option. New York Labor Law may provide additional protections and legal remedies.
Contact The Bongiorno Law Firm today for a free consultation.
There are no fees to pay unless we win. (516) 741-4170
Legal Disclaimer
This content is for informational purposes only and does not constitute legal advice. Viewing or reading this blog does not create an attorney client relationship. Prior results do not guarantee a similar outcome. Attorney Advertising.
