If a Fall from a Ladder in New York Has Injured You, You Might Be Entitled to Collect Compensation for Your Injuries
Working construction is one of the most dangerous jobs in Brooklyn. Construction accidents occur daily and result in a variety of injuries. Think about a construction site and the opportunities to get hurt. Heavy equipment, loud noises, and working from great heights can all lead to injuries for the men and women who work there.
One of the most common types of construction accidents is falling from a ladder. When a worker falls from a ladder, the injuries are usually severe. Often, injuries from falling from a ladder are severe enough to prevent you from returning to work temporarily or permanently. When you have to recover from injuries, pay mounting medical bills, and worry about income, the stress can become overwhelming.
Various laws help construction workers who are injured on the job. There are opportunities to collect compensation from multiple parties such as the employer, ladder manufacturer, or contractor.
At the Law Office of Irene H. Gabo, P.C., we have the experience to analyze the facts of your ladder fall case and determine who is responsible for your injuries. We can determine if someone violated one of the safety laws that are in place to protect construction workers. Our goal is to help you obtain any compensation the law allows to help you and your family move forward from your accident.
Common Ladder Fall Injuries
Falling from a ladder, even from a reasonably short height, can instantly change your life. Ladder falls often result in serious physical injuries as well as financial and emotional ones. Some of the most common injuries caused by falling from a ladder include:
- Temporary or permanent paralysis
- Spinal cord injuries
- Broken back
- Broken neck
- Traumatic brain injuries (TBI)
- Broken legs and arms
- Internal injuries
- Brain damage
Any of these can change life dramatically for you and your loved ones. Workers’ compensation can help you with some of your expenses, such as medical bills and a portion of wages. However, you may require a lifetime of care and be unable to return to work. It is crucial that you speak with an experienced lawyer like the ones at the Law Office of Irene H. Gabo, P.C., to make sure you and your family maximize all opportunities to collect compensation for your injuries.
Collecting Compensation for Workplace Ladder Falls at Work
There are a variety of ways to seek compensation after you are injured falling from a ladder in Brooklyn. This is true whether your ladder accident occurs in Flatbush, Fishhook, Prospect Park, Canarsie, Brownsville, East New York, Bed Stuy, Bushwick, Greenpoint, Brooklyn Heights, Cadman Plaza, Clinton hill, Dumbo, Prospet Heights, Red Hook, Coney Island, Sheepshead Bay or any other area of Brooklyn.
When the fall is work-related, as many ladder accidents are, seeking help from an experienced attorney is crucial to understanding your legal rights and options. You don’t want to make an uninformed decision and forfeit any of your rights to collect the compensation to which you are entitled by law.
Workers’ Compensation for Ladder Falls in Brooklyn
New York State Workers’ Compensation Law requires most employers to provide workers’ compensation insurance coverage. Workers’ comp is designed to help you recover from workplace injuries by giving you money for medical care and a portion of your lost earnings. To collect your workers’ comp benefits, you must file a claim, report the injuries to your employer, and meet critical legal deadlines.
Workers’ compensation is limited, and the calculations involved to determine what you will get are complicated. Workers’ comp rarely what someone needs or deserves to compensate them for their injuries fully. Nor does it consider negligence or violations of safety laws. When you collect workers’ comp, you get benefits reasonably quickly without having to prove fault for the injury. However, you will probably get significantly less than you need.
Filing a Civil Lawsuit After Falling from a Ladder
Some circumstances allow you to file a personal injury lawsuit in civil court, under New York law, and proceed outside the workers’ compensation system, even when your ladder injury occurred in the workplace. Generally, this is limited to third parties who are not your employer.
There are multiple parties responsible for keeping the workplace safe. It is not just the employer who has obligations to protect workers. When there are violations of New York Labor Laws, by others that contributed to your accident, you might have recourse in court. For instance, a worker who gets hurt falling from a ladder may be able to show that the construction site owner, developer, or contractor violated safety regulations and are liable for the injuries suffered.
New York Labor Laws Dictate Ladder Safety
Federal OSHA regulations and the New York State Industrial Code set rules for ladder safety for workers. For example, under certain conditions, ladders must be secured at both ends. These laws also establish the required dimensions of ladder rungs and their spacing.
New York Labor Law also directly deals with ladder safety. Sections of the law require specific protection for those who work on ladders. Under this law, when a ladder breaks, collapses, or is unsafe, and a worker falls, you may be able to hold the construction site owner and general contractors liable for your injuries. Violating safety regulations is often the cause of workplace accidents. If your fall from a ladder was the result of a legal violation, you might be able to collect additional compensation.
Holding the Ladder Manufacturer Liable
After a fall from a ladder, it is essential to determine whether the ladder was defective. Product manufacturers have to ensure their products are safe when used correctly. They also have a duty to warn consumers of dangers associated with their products. Sometimes, the design of a product is defective, and it fails to work the way it was intended. Other times, a single item may be broken or tainted and cause an accident and injuries. In either circumstance, if the manufacturer was negligent and the negligence caused your injuries, you might be able to file a personal injury lawsuit and collect compensation from the company that made the ladder.
Hire the Right Lawyer to Maximize Compensation and Protect Yourself – Contact the Law Office of Irene H. Gabo, P.C.
Personal injury laws in New York allow you to sue negligent parties that cause your injuries. Workers’ comp provides you with compensation without having to prove anyone was negligent. Which one do you choose? Can you do both? You should, at the very least, explore the possibility of filing a personal injury lawsuit where you could recover compensation for your pain and suffering, damages that are not available in a workers’ compensation claim.
You must discuss your ladder fall claims with an experienced Brooklyn personal injury lawyer who understands the complexities of personal injury laws and the workers’ comp system. Adding in the complexity of a ladder fall, you need a personal injury attorney with the experience to handle your case.
While it is possible to coordinate claims, it must be done correctly and carefully to avoid compromising the integrity and value of your claims. At the Law Office of Irene H. Gabo, P.C, we have the skill, experience, and patience to help you collect the maximum compensation the laws allow.
Call Us Today to Schedule a Free Consultation to Discuss Your Brooklyn Ladder Accident
Call our office today for a free evaluation of your ladder accident case. You can reach us at (800) 560-0214.