Ladders and ladderways are a common sight in construction sites across New York, and you wouldn’t necessarily think too much about them. But did you know that New York has its own ladder safety law? Construction sites have some of the most hazardous working conditions, and ladders are a common source of serious workplace injuries. The ladder laws are New York’s way of ensuring the physical health as well as legal and financial safety of construction workers across the state. In this post, the Law Office of Eli Schmulik will step into the shoes of a New York construction accident lawyer and mention everything you need to know about New York’s ladder laws.
New York Labor Law 241 (6)
A broad and general duty to ensure the safety of construction workers and others in construction sites is noted in NY Labor Law 241 (6). Under this rule, employers are legally required to ensure that all the areas where “construction, excavation, and demolition work is taking place are constructed, shored, equipped, guarded, arranged, operated, and conducted” to provide “reasonable and adequate protection and safety” to their employees and individuals that lawfully frequent the premises.
Thanks to this rule, construction site owners and general contractors have a non-delegable duty to ensure the protection of construction workers and anyone who is legally allowed to enter the premises. Since it is a non-delegable duty, the owners and contractors will be held liable for any breach of this law, regardless of whether they are directly responsible for the violation.
Section 23-1.21 of the New York Industrial Code
When it comes to ladder-specific rules, you will find those in Section 23-1.21 of the New York Industrial Code. According to the rule, the general requirements for ladders intended to be used in construction sites are as follows:
- Accepted Types: Any metal or fiberglass ladder that is 10 feet or more in length can be used in construction sites.
- Strength: The ladder must be able to hold at least four times the maximum load that is intended to be placed on it without any of its components breaking, loosening, or dislodging.
It also mentions that all ladders must be maintained in good condition, and a ladder must not be used if
- A part or member of the ladder is broken;
- The joints between parts or members are insecure;
- Any of the wooden rungs or steps have been worn down to three-quarters or less of their original thickness; or
- The ladder has a flaw or defect that can lead to ladder failure.
The rules also prohibit the use of certain kinds of ladders in various scenarios to ensure the protection of construction workers. Some of them include:
- A general prohibition on the use of opaque protective coatings on any ladders
- A prohibition on the use of single-pole (scaling) ladders or rail-type ladders where the rungs or cleats are attached across the pole or rail
- A prohibition on the use of metal ladders in any locations where they may come into contact with energized electric power lines, power facilities, and exposed electric equipment.
The rules also go on to specify the dimensions and specific uses of various types of ladders, such as single ladders, extension and sectional ladders, stepladders, and ladderways. To gain an in-depth understanding of Section 23-1.21, we advise you to get in touch with an experienced New York construction accident lawyer.
How can you claim compensation for a ladder accident on a construction site?
Construction Worker
As a construction worker, you can initially claim compensation by filing a worker’s compensation claim. Your claim will be able to cover your medical expenses, lost wages, and cost for rehabilitation. As long as you are receiving worker’s compensation benefits, you will not be able to sue your employer for damages.
At the same time, if you wish to hold a third party such as a subcontractor or equipment manufacturer liable, you can file a personal injury lawsuit against them. Through a personal injury claim, you may be able to pursue damages for pain and suffering, emotional distress, and loss of future earning potential.
Lawful visitors to construction sites
If you are a lawful visitor to the construction site, you will be able to claim compensation via a personal injury lawsuit if you can show that the party responsible for maintaining a safe environment failed to uphold their non-delegable duty and this failure resulted in your injuries.
Trespassers
As a trespasser, you have very few legal rights since property owners and contractors do not have to extend the same duty of care to you as they would for construction workers and lawful visitors. This makes claiming compensation rather difficult. However, if you can prove an exception, show that the property owner was reckless or grossly negligent, or if there was a disputed status, you may still be able to obtain compensation.
Conclusion
In New York, there are rules in place for the handling and safe use of ladders in construction sites. These rules are designed to ensure the protection of construction workers and visitors to construction sites by holding property owners and contractors accountable. To learn about how these laws may potentially impact your case, schedule a free consultation with the Law Office of Eli Schmulik and have a conversation with one of our exceptional Manhattan construction accident lawyers.