What Compensation Can be Recovered After a Ladder Accident?
You need to know what types of damages you can recover if you were injured in a ladder accident.
Working at heights is a dangerous activity that accounts for a large percentage of construction accidents. According to the National Safety Council (NSC), falls from ladders and other heights arethe second-leading cause of unintentional fatalities at work.
In fact, working at heights is so dangerous that New York passed a law – calledLabor Law Section 240 – that specifically deals with ladder and scaffolding-related falls. The law covers:
- Falls from ladders, scaffolds, and other heights at construction sites; and
- Injuries caused by objects falling from ladders, scaffolds, and other construction structures.
If you or your loved one was injured in a ladder accident, it is advisable to consult with an experienced attorney to determine what types of compensation you can recover in your particular case.
What Compensation is Available Under New York Labor Law Section 240?
Labor Law Section 240 protects the rights of construction workers who sustain injuries after falling from heights or being struck by falling objects. The law requires contractors and property owners (as well as their agents) to ensure that construction workers have adequate fall protection equipment.
When fall protection equipment is defective, faulty, or was not properly placed or secured, the contractor or property owner can be held liable for the worker’s injuries and damages. For example, if a worker fell while using an unsecured ladder to perform work, they could seek compensation under Section 240.
If a construction worker can successfully establish liability under New York Labor Law Section 240, they can recover damages beyond those provided by workers’ compensation law.
When a contractor or property owner is found liable for a construction worker’s ladder accident under Labor Law Section 240, the injured worker may be able to seek compensation for pain and suffering, loss of enjoyment of life, loss of consortium, and other damages in addition to medical bills and lost wages.
Types of Damages Recovered After a Ladder Accident in New York
In many ladder accidents in New York City, injured victims can recover the following types of damages:
- Medical bills, including the cost of medical treatment, surgeries, medication, doctor’s appointments, hospitalization, and many more.
- Rehabilitative care. Ladder accidents – or any otherconstruction accidents, for that matter – often require lengthy rehabilitation, including physical therapy.
- Loss of income. People who get injured in ladder accidents in NYC can obtain compensation for the loss of current and future income.
- Disability. If a ladder accident leaves a construction worker temporarily or permanently disabled, the worker may be entitled to compensation for the permanent injury or disability.
- Pain and suffering. Pain and suffering include a wide range of non-economic damages incurred by an injured person due to their injury. In ladder accidents, those intangible losses may include emotional distress, loss of enjoyment of life, and many more.
- Loss of consortium. If the spouse of the injured person is deprived of affection and companionship due to their loved one’s injury, they may be entitled to loss of consortium damages.
How much your ladder accident case is worth depends on the unique circumstances of your case. Compensation may range from tens or hundreds of thousands to millions of dollars. TheNew York City ladder accident lawyers at Lipsig, Shapey, Manus & Moverman recovered $3 million for a client who sustained multiple foot injuries in a ladder accident in NYC.
Discuss your situation with our experienced construction accident lawyers to determine what types of compensation are available in your particular case. Call 212-285-3300 to get a free consultation.
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