Unsteady extension ladders. Defective rungs. Ladders kicking out. A-frame ladder collapse. Ladders not extended 3 feet above the landing per OSHA. Ladder accidents are the most common construction injury — and one of the top 10 OSHA citations year after year. Under NY's scaffold law, owners and GCs face absolute liability when an inadequate ladder caused an elevation-related fall.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Site safety logs, OSHA accident reports, GC and sub-contract chain, fall-protection equipment (preserved), and witness statements from co-workers. Immigration status is NEVER discoverable.
Owner/GC carriers know is strict. We document the gravity-related elevation differential and the inadequate-or-missing safety device — and negotiate against $5M+ wrap-up policies.
construction-injury claims often go to summary judgment on liability. Then we try damages only. Powerful procedure when it applies.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
NY appellate courts have repeatedly held that a ladder that shifts, slips, kicks out, or otherwise fails to remain stable while a worker is performing covered work is, on its own, a violation of. You do not need to prove the employer was 'negligent.' The inadequate safety device is the case.
You can collect Workers' Comp from your employer AND sue the property owner and general contractor under NY's scaffold law. Two recoveries from two different defendants. We handle both.
NY courts have ruled (Balbuena v. IDR Realty) that immigration status does not bar a construction-injury claim and is generally NOT discoverable. We protect that from day one.
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