I Fell from a Ladder While Painting a High Ceiling — Can I Get Compensation in NYC?

Yes, NYC workers who fell from a ladder while painting a high ceiling are entitled to compensation. You may have several options for recovering this compensation.

Falls are among the most common causes of construction site injuries, so our legal team has successfully represented many fall accident victims before. An NYC ladder accident attorney from our firm will investigate the circumstances of your fall off the ladder and pursue just compensation for you.

What to Do Immediately After Falling Off a Ladder at Work

After a fall from a ladder, you have rights. To safeguard those rights and to protect your health, it is important that you take the following steps:

See a Doctor

Prompt medical treatment can prevent your injuries from getting worse and produce a medical record that will help prove the extent of those injuries when you file a claim or lawsuit.

Collect Evidence from the Accident Scene

Accident scenes often change quickly, so preserve what the scene looked like at the time of your accident as best you can. Photograph the area and write down witness names and phone numbers.

Report Your Injury to Your Employer

To preserve your right to workers’ compensation benefits, you must report your injury to your employer in writing within 30 days, according to WKC 18.

Get Legal Advice

Our construction accident lawyers will explain your legal options and manage your case on your behalf as you heal from your injuries. We will continue to update and advise you as your case progresses.

Ladder Fall Accident: Two Paths to Compensation

According to the Occupational Safety and Health Administration (OSHA), failure to provide appropriate fall protection and ladder safety issues were the first and third most common OSHA violations, respectively, that OSHA cited in fiscal year 2023. Falls from ladders may occur if:

• The ladder is broken or defective.
• The ladder is not set up properly.
• The ladder is not designed to support as much weight as OSHA regulations say it should.
• Workers are not trained in how to safely set up and work on or around a ladder.
• Workers are not provided with proper and reasonable fall protection.

Your risk of suffering a severe injury from such a fall increases as the height of the ladder increases. There is also the possibility of being struck by objects that fall from the top of the ladder.

If you fell off a ladder, you can seek financial compensation by taking the following actions with the help of our lawyers:

File a Workers’ Compensation Claim

Most employers in New York State are legally required to provide workers’ compensation insurance. Workers’ comp benefits are available to all injured employees and certain contractors who work for a covered employer and who were injured while performing their regular job duties. Once you report your injury to your employer, it is typically their job to notify the insurance company.

File a Third-Party Lawsuit

As a general rule, you cannot sue your employer in New York, but you do have the right to sue third parties who failed to take reasonable action to protect you. Labor Law 240, also known as New York’s Scaffold Law, states that the following parties must provide painters and other construction workers with functional and appropriate fall protection equipment:

• Contractors
• Certain building owners and their agents
• Construction company owners

What counts as “appropriate” protection depends on what equipment you are using and what elevations you are working at. For example, OSHA regulations state that fixed ladders that are 24 feet or taller must come equipped with certain safety features, such as a cage or a self-retracting lifeline.

The very fact that you fell while painting is often proof that one or more of the parties listed in the Scaffold Law did not live up to their legal responsibility to keep workers safe. Even if it is determined that your own actions contributed to the accident, you are still entitled to proper protection under the law and able to pursue financial compensation for your injuries.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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What Compensation Can Be Recovered After a Ladder Fall Injury?

The compensation you get for a workplace injury depends on the type of action and the severity of your injuries.

If you file a workers’ compensation claim, your benefits will include:

• Necessary medical care for fall-related injuries
• A percentage of your lost wages
• Death benefits, if your loved one passed away from their injuries

A third-party lawsuit generally provides you with a wider range of both non-economic and economic damages than a workers’ compensation claim. As a worker who fell while painting a high ceiling, you could recover damages for the following and more:

• Past and future pain and suffering
• Reduced quality of life
• Medical treatment not covered by workers’ compensation
• Lost wages or benefits, such as union benefits, not covered by workers’ compensation
• Out-of-pocket expenses
• Wrongful death benefits, such as loss of services or financial support, after a fatal accident

The amounts you receive for each of these losses depend on factors like:

• Whether your injuries are temporary or permanent
• How your injuries affect your ability to work and take care of yourself
• The total cost of treating and living with your injuries

If you are unsure of how much your case is worth or what your legal options are, our law firm will explain everything in terms you can understand. Most times, workers’ compensation and a third-party lawsuit are available to injured workers. We are proud to provide assistance in both English and Spanish, regardless of immigration status, and will help you to take full advantage of your rights as an injured worker.

If You Fell from a Ladder, Take Action Today

Failure to provide proper fall protection is a leading cause of ladder accidents. The risk of falling from a ladder while painting a ceiling is high, and the potential consequences severe. At Oresky & Associates, PLLC, our lawyers have represented injured workers since 1992. Contact us to get a free consultation today and pay no attorneys’ fees until you recover compensation.