Our attorneys are recognized as among the best attorneys in New York City and throughout the State in representing people injured or killed from a defective or improper ladder. In fact, our partners are often sought out for their expertise when it comes to handling ladder accident cases in New York and have lectured throughout the State to other attorneys regarding the proper and most effective way to litigate a ladder accident case.
When a construction worker suffers an elevated fall on the work-site, the consequences can be disastrous. Elevated falls from ladders and scaffolds can cause debilitating injuries and can be fatal in some cases. According to the Occupational Safety and Health Administration (OSHA), falls at construction sites kill between 150 and 200 workers and injure more than 100,000 every year. The injuries suffered in these falls can cause many difficulties for victims and their families. Victims may suffer lost wages, high medical bills not covered by insurance, and unnecessary long term pain and suffering. Fortunately construction workers who have suffered an injury due to an elevated ladder fall may have legal recourse against the owner of the property the accident occurred on, the general contractor, or the individual who caused the injury. As a result, construction workers who have suffered an injury due to an elevated fall should seek the counsel of a construction accident lawyer. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys understand the hardships that can accompany an elevated fall and are committed to securing proper compensation for all of our clients.
If you or someone you love has suffered an injury from an elevated fall on a construction site, you may be entitled to compensation. For a free consultation with our New York personal injury attorneys, please call 212.406.1700 or contact us online. At Queller, Fisher, Washor, Fuchs & Kool, our cases are taken on a contingency fee basis. Should we accept your case, there is no fee unless we recover damages for you.What are the Legal Options Available to Victims of Ladder Falls?
New York's law regarding liability in construction accidents favors the victims in cases where an elevated fall caused injury. New York Labor Law 240 (1) places absolute liability on the general contractor and property owner in cases where construction workers suffered injuries from an elevated fall. This law means that any construction worker who is injured on the work-site due to a fall from elevation, regardless of circumstance, may be entitled to compensation. The only individuals who are exempt from absolute liability under New York Labor Law 240 (1) are property owners of one and two-family dwellings.
Construction workers who have been injured in a ladder fall may also be able to file a lawsuit under New York Labor Law 241 (6). The aforementioned labor law holds the property owner and general contractor responsible for upholding the specific safety rules of rule 23 of the Industrial Code regarding the construction or demolition of a building, and excavation work. If the ladder fall occurred while the victim was performing any of the previously mentioned types of construction, they may be entitled to compensation under New York Labor Law 241 (6).
In addition to filing lawsuits under the aforementioned labor laws, construction workers injured in a ladder fall may also be able to file a lawsuit for negligence. In order to have a valid negligence lawsuit, the following must have occurred:
- The individual or entity responsible for the injury must have had a duty of care to the victim. A duty of care is a legal obligation that an individual or entity has to uphold a reasonable standard of care while performing tasks that could potentially injure others.
- The party responsible for the injury must have breached their duty. When an individual breaches their duty of care, they have acted negligently.
- The responsible party's breach of duty must have caused the injury. Essentially, an individual can act negligently without being liable. For the responsible party to be liable their breach in duty must have been the cause of the victim's injury.
- The victim's injury must have caused them to suffer damages.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool have been practicing personal injury law for over 50 years. Our firm has a history of sustained success in personal injury lawsuits, recovering more than $1 billion for our clients. Some of our more substantial verdicts and settlements in construction accident cases include:
- A worker fell from near the top of a ladder while handing off wood to another laborer. The fall caused the worker to suffer major injuries which rendered him a paraplegic. As a result, the worker is paralyzed from the waist up. Queller, Fisher, Washor, Fuchs & Kool settled the case for a confidential amount between $5 and 10 million.
- $3.7 Million settlement by Jonny Kool in a New York County Labor Law Case on behalf of a Local 79 construction worker who fell when the ladder he was working on toppled over due to being placed on a concrete floot covered in debris. The injured worker required multiple surgical procedures including an anterior cervical discectomy fusion, left hip surgery, a left ankle ligament reconstruction and a lumbar laminectomy. He has not been able to work in construction since the time of the accident.
- $2.75 million settlement by Barry Washor in Kings County Supreme Court for $2.75 million on bahelf of a 37-year old laborer who fell from a ladder while doing sheet rock work at a construction site. As a result of the fall, the claimant sustained multiple injuries requiring surgery including arthroscopic shoulder surgery and a cervical fusion. He had not returned to work since the accident.
While New York Labor Law 240 (1) provides the opportunity for injured construction workers to recoup compensation following an elevated fall, it does not guarantee that victims will be properly compensated. As a result, it is in the best interests of construction workers who have suffered an injury due to an elevated fall to seek the counsel of an attorney with experience handling construction accident cases. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys seek maximum compensation for all of our clients who have suffered an injury from an elevated fall. We have decades of combined experience handling construction accident cases and have a lengthy track record of success. Our firm has collected numerous multi-million dollar verdicts and settlements, including a $10.5 million construction accident case.
Have you or someone you love suffered an injury after an elevated fall on the work-site? If so, you may be entitled to compensation. Call 212.406.1700 or contact us online for a free consultation. We take all of our cases on a contingency fee basis, meaning there is no charge unless we recover damages.