While ladders are undoubtedly convenient, inappropriate and unsafe use of ladders can lead to construction accidents, resulting in life-changing injuries.
If you work in construction, you likely use ladders frequently. While ladders are undoubtedly convenient, inappropriate and unsafe use of ladders can lead to construction accidents, resulting in life-changing injuries. If you’re injured in a ladder accident, you may be confused about your legal rights. Let’s discuss the legal options available to help you get compensation for your injuries.
Workers’ Compensation Claim
Your employer has a duty to ensure all the ladders are safe and well-maintained. If you’re injured in a ladder accident, your employer’s workers’ comp insurer should generally cover your medical bills and lost wages regardless of whether you are a full-time or part-time worker. To qualify for workers’ compensation benefits, you’ll need to notify your employer about your injuries and file a claim within the given time limit.
In New York, injured employees are required to notify their employer within 30 days. You’ll have two years from the date of your accident or injuries diagnosis to file your worker’s comp claim.
What if you’re to blame for the ladder accident; can you still pursue an injury claim?
Yes, you can. New York follows a no-fault workers’ comp system. This means employers are generally required to cover all costs arising from work-related injuries, regardless of fault.
However, New York workers’ comp does not cover independent contractors and self-employed persons. Also, you may lose your claim if it’s proved you were intoxicated during the accident or if you caused your injury on purpose.
Third-Party Liability Claim
The labor laws in New York give special cover to workers working at elevated heights. The cover includes ladder work, scaffold work, and other tasks done at elevated heights. In this provision, property owners and general contractors must provide safe ladders and other equipment needed when working at elevated heights. If they failed in their duty, and you suffer an injury on the job, you may have a negligence claim. You will likely get more than you would get from a workers’ comp claim when the claim is settled.
Additionally, suppose it is determined the manufacturer delivered a defective ladder that caused the injury, or the instruction manual failed to indicate a certain precaution. In that case, you may seek additional compensation. But as with any other type of injury claim, you’ll need strong evidence to support your case. Discuss the details with an experienced New York accident attorney to learn more about your legal rights.
Call Apicella & Schlesinger
Have you been involved in a construction accident in New York? The highly experienced and knowledgeable attorneys at Apicella & Schlesinger are ready to help! Give us a call today for a FREE case evaluation.