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New York state is a unique state when it comes to ladder, scaffolding and construction accidents. Essential the employer, general contractor and the property owner has a responsibility to make sure your ladder, scaffold or anything you are using to get on an elevated surface or carry objects to an elevated surface is 100% safe. If it is not, even if it is someone else’s fault, it is the owner, general contractor or employer’s responsibility.
The exception to this rule is that a property owner of a 1-2 family home who does not control the work would not be responsible under New York’s Labor Law. An example of the exception would be a single family home owner highers a roofing company to replace the roof. If the roofing company does not install the ladder properly and the employee gets hurt, the owner of the home would have no responsibility under the Labor Law.
There have been ladder fall cases where the laborer was making $70-80k a year and after a fall couldn’t provide for his or her family. To make sure the fall victim is taken care of there should be an investigator sent to the jobsite to take a look at what equipment is there, the conditions and examine the jobsite over all for violations. Your attorney should be trained in OSHA, ANSI, and New York State standards for ladders and scaffolding so they know what to look for in an unsafe environment and know what safety equipment should be there and what items shouldn’t be at the jobsite. Furthermore certified experts and engineers should survey these sites as well. It’s the investigator’s and the attorney’s job to find out if the rules were not complied with.
If it is determined that something was wrong at the job site the employer, general contractor and the property owner are responsible. Construction site accidents can have life changing ramifications, we are here to make sure you get the compensation you deserve. Call us today for a FREE case evaluation!
