Fell from a Ladder While Carrying Heavy Materials in NY — Employer Didn't Provide Assistance, Can I Sue?

Ladder falls are one of the most common — and dangerous — accidents on New York construction sites. If you fell because of the failure of the ladder while carrying heavy materials and your employer failed to offer help or safety support, you may be wondering if you have any legal options. The answer is yes, you can sue responsible third parties.

New York labor laws provide strong protections for injured construction workers, and our experienced NYC construction accident lawyers can help you understand your rights and pursue full compensation.

What to Do Immediately After a Ladder Fall Injury: Step-by-Step Guide

After a ladder fall, your health and your future could depend on what you do next. Here’s a step-by-step guide to protect yourself and your legal claim:

1. Get medical help right away: Even if the injury seems minor, it’s important to get checked out and start a record of your condition.
2. Report the accident: Tell your supervisor or site manager as soon as possible and get a copy of the incident report.
3. Document the scene: If you’re able, take photos of the ladder, the work area, and any hazards.
4. Preserve your work gear: Clothing, boots, and tools may serve as evidence.
5. Collect witness information: Co-workers who saw the fall can provide valuable statements.
6. Speak with a lawyer: Don’t assume workers’ comp is your only option. You may have the right to much more.

Read our full construction accident to-do list to stay informed and take the right steps after an injury.

Who Can Be Held Liable After a Ladder Fall at a Construction Site?

Many workers assume only their employer is involved, but ultimate responsibility for your injuries can often extend to multiple parties. General contractors, site owners, subcontractors, and safety managers may all share fault.

Falls involving ladders are often more serious than traditional trip or slip accidents due to height. Still, it’s essential to understand the legal distinction between a slip-and-fall and a trip and fall accident. While both can cause injury, construction falls from heights are handled under specific sections of New York labor law.

If you've been injured, don’t assume you're limited to workers’ comp. Learn more about whether you can sue for a work-related injury.

Don’t Know Who’s Responsible? Call Us. We’ll Sort Out Liability.

Our legal team investigates every angle of your case to identify all responsible parties so you get paid what you’re owed.

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Common Injuries After Falling from a Ladder at a Construction Site

A fall from a ladder — especially while carrying heavy materials — can lead to serious, sometimes life-altering injuries. Some of the most common injuries we see in these cases include:

• Broken bones: Particularly in the legs, arms, and ribs.
• Traumatic brain injuries: Even with a hard hat, a blow to the head can cause lasting damage.
• Spinal cord injuries: These can lead to mobility issues or paralysis.
• Back injuries: Often caused by the impact of landing while carrying weight.

These injuries often require ongoing treatment, time off work, and long-term rehabilitation. That’s why compensation must reflect the true impact of the fall, not just short-term medical bills.

Workers' Comp vs. Personal Injury Lawsuit: What’s Best After a Ladder Fall?

Many injured workers are told that workers' compensation is their only option. While workers’ comp provides some immediate support for medical bills and partial lost wages, it does not offer pain and suffering or full wage replacement.

A personal injury lawsuit, on the other hand, may allow you to recover:

Economic damages:

• Medical expenses, both past bills and any necessary future treatment
• Lost income and future earning potential
• Disability related home modifications
• In-house home health aids
• Out-of-pocket expenses

Non-economic damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of Consortium for your spouse

The best path forward often depends on the circumstances of your accident, and having the right legal team can help you choose wisely.

NY Labor Law 240: The “Scaffold Law” Protects Ladder Fall Victims

New York’s Scaffold Law, or Labor Law 240, provides powerful protections to workers who fall from a height, including from ladders. This law places absolute liability on contractors and property owners when they fail to provide proper fall protection, such as assistance with heavy loads or stable work surfaces.

Best of all, this law applies regardless of immigration status. Whether you’re documented or undocumented, if you were hurt in a ladder fall, you are protected — and entitled to justice. That’s why it’s critical to work with attorneys who understand this law and know how to use it to your advantage.

Don’t Lose Out. Call Today.

A ladder fall is more than just a workplace accident. It can disrupt your ability to earn a living, care for your family, and move forward with your life. At Oresky & Associates, PLLC, we’ve been helping New York construction workers — including undocumented workers — recover full compensation for over 30 years. You deserve more than just workers’ comp. You deserve answers, justice, and the financial support to recover fully. Contact us today for a free, confidential consultation.