Construction accidents are unfortunately common. In 2022, New York City reported 554 injuries and 10 fatalities in the construction industry. The majority of accidents are related to worker falls.
Painters often use ladders and scaffolding when performing their jobs. Scaffolding and ladder collapse while painting at buildings can result in severe injuries, life-threatening conditions, and permanent impairments. New York Labor Law §240(1) provides added protection for painters and other construction workers injured on the job.
How Does N.Y. Labor Law 240(1) Help Painters Injured Because of a Ladder Collapse?
N.Y. Labor Law 240(1), known as the Scaffold Law, places a higher duty of care on building owners and contractors to ensure ladders used by workers are safe and in good working order. The ladders must be placed safely on surfaces to provide a safe workplace when off the ground.
If a painter is injured because a ladder moves, breaks, shakes, collapses, or otherwise fails, the painter can sue the owner and/or contractor for damages. The duty of care imposed by Labor Law 240(1) is strict liability. Therefore, the painter does not need to prove negligence to recover damages for a ladder collapse accident.
Painters Can Sustain Catastrophic Injuries Because of a Ladder Collapse in The Bronx, NY
A scaffold or ladder collapse can result in a painter falling a substantial distance to the ground. Painters working on ladders have a risk of sustaining injuries, including:
- Broken bones and fractures
- Neck and back injuries
- Traumatic brain injury
- Internal organ damage
- Spinal cord injuries
- Nerve damage and soft tissue injuries
- Facial fractures
Painters who fall from ladders should seek immediate medical treatment for their injuries. Delays in medical care could cause injuries to worsen. Additionally, delaying medical treatment could hurt your chances of recovering compensation for the total value of your damages.
What Legal Options Do Painters Have for a Ladder Collapse While Painting a Building?
A ladder collapse injury can be devastating. The painter may experience severe pain and suffering, in addition to substantial financial losses. A Bronx ladder collapse lawyer can help the painter pursue one or more legal options, including:
Workers’ Compensation Claims for Ladder Collapse
New York requires employers to provide workers’ compensation insurance for their employees. If a painter is injured on the job, they can file for workers’ comp benefits.
The painter receives medical treatment for their injuries. If they are out of work, they can also receive wage benefits for loss of income.
However, workers’ comp benefits are limited. Workers only receive 2/3 of their lost wages and nothing for their pain and suffering damages. Therefore, it is important to work with a Bronx ladder injury lawyer to pursue other legal options for compensation.
N.Y. Labor Law §240 for Ladder Collapse Injuries
Property owners and contractors must take reasonable steps to ensure ladders are safe for painters. If they fail to meet their duty of care, they can be held strictly liable for the painter’s damages caused by a fall.
A Labor Law §240 claim provides more compensation for injured painters than workers’ compensation. They can receive full compensation for lost wages and other financial losses. The painter can also recover compensation for their pain and suffering damages.
This law allows injured construction workers to sue their employers in certain cases as well, which would normally be barred if the employer carries workers’ comp insurance.
Product Liability Claims for Ladder Collapses
A painter could have a product liability if the ladder were defective. Product liability claims are personal injury cases. Like Labor Law §240 claims, manufacturers can be held strictly liable for damages without the painter proving negligence.
A painter could receive compensation for their economic and non-economic damages from a product liability claim. In some situations, a jury could award punitive damages to punish the manufacturer for their wrongful acts.
How Long Do Painters Have To File a Ladder Collapse Claim in The Bronx, New York?
The deadlines to file claims for ladder collapse depend on the type of claim the painter is filing. Painters injured on the job must report injuries to their employers within 30 days of the injury date.
Injured workers have up to two years to submit a workers’ comp claim.
Personal injury cases and cases filed under Labor Law §240 generally have a three year statute of limitations. The statute begins on the date of the painter’s injury. Courts can dismiss cases filed after the statute of limitations expires.
Protecting your right to receive fair compensation after a ladder collapse begins with receiving legal advice from an experienced Bronx personal injury lawyer.
A lawyer will review your case during a free consultation and advise you of your legal options to recover compensation for damages.
Contact Our Construction Accident Law Firm in Bronx, NY
If you need legal assistance, contact the Bronx construction accident lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Oresky & Associates, PLLC – Bronx Office
149 E 149th St
Bronx, NY 10451
(718) 993-9999
Oresky & Associates, PLLC – Queens Office
104-09 Roosevelt Ave
Queens, NY 11368
(347) 507-3884
