I am an ironworker. When I was attaching a header beam above an opening for a window, I fell off a ladder. I broke my arm and hurt my back. What claims do I have?
In a prior post, we had discussed claims under New York Labor Law. You have a worker’s compensation claim for your lost wages while you are recuperating and for your medical expenses. Furthermore, depending on what specifically happened in your accident, you probably have a claim for pain and suffering against the owner and general contractor on the job site under New York Labor Law. A prior post dealt with a worker falling from a scaffold. The same law which covers scaffold cases also covers cases of workers falling from a ladder. The Labor Law protects injured workers on a job site. Labor Law section 240.
As explained in a prior post, for Worker’s Compensation claims, you must notify your employer within 30 days after the accident. You also must notify the Compensation Board within 2 years after the date of your accident. However the sooner you notify both, the sooner you will receive benefits.
Owner and General Contractor Responsible for Negligence on Job Site
In the last two months, we have examined the topic of one entity or person being responsible for the acts of another. This Labor Law claim is similar to those topics because the negligence (or fault) for the accident lies with the injured worker’s employer or another subcontractor on the job site. But the general contractor and owner are responsible for the negligence.
In your question, you did not explain specifically what caused you to fall, whether it was the ladder itself or some condition on the job site created by another sub-contractor. But no matter if it was a defective ladder supplied by the employer or some condition on the floor created by another sub-contractor which caused the accident, Labor Law section 240 makes the owner and general contractor of the job site responsible for the accident. The Labor Law protects injured workers. Safety for workers on the job site is a non-delegable duty for owners and general contractors at a job site.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.