Ladder and Construction Accidents

Under the New York State Labor Law, a construction worker who is working on the erection, demolition, repairing, painting, cleaning, or pointing of a building, and is injured working at a certain height while on a ladder or scaffold, and whose injuries are directly attributable to the equipment he was provided with, has a claim against any and all owners and contractors who have a non-delegable duty to provide proper safety equipment. The applicable sections of the Labor Law with regard to workers injured at heights in New York State are a very powerful weapon to protect the safety of construction workers in New York State, due to the fact that the statute is known as an “absolute liability” statute. What this means is that with very limited exceptions, if a worker is injured in a fall from a height while on a ladder or scaffold, any owners, construction managers, general contractors, contractors, and agents who were responsible to provide safety equipment, will be liable to the injured worker.

The only exceptions to the “absolute liability” of these sections of the Labor Law are if the work is being performed at a one or two family residence and the owner is not directing, supervising, or controlling the construction work (and even in this is the case, only the owner would be exempted from the provisions of the statute); if the worker’s conduct was the “sole proximate cause” of the accident (the sole reason why the accident occurred, not in any way due to the equipment); or if accident occurred due to a “recalcitrant worker” refusing to use proper safety equipment that he or she was provided.

If you are injured as the result of improper safety equipment on a construction site, it is essential that you retain attorneys who are fully familiar with the intricacies of the New York State Labor Law, and who have the requisite experience and knowledge to successfully handle your construction accident case from inception through conclusion of the case, by trial, settlement or alternative dispute resolution, including arbitration or mediation.

At the Law Office of Mark A. Siesel, with offices in White Plains, the Bronx, and Peekskill, New York, when we are retained by a client injured in any construction accident, we conduct an immediate investigation accident as there is vital evidence which must be secured without delay, particularly the ladder, scaffold, harness or other safety equipment. We retain the necessary professionals to obtain statements from witnesses to the accident and conditions, and to have photographs taken of the accident scene and equipment involved. If the insurance carriers for the owners, construction managers and contractors demonstrate an unwillingness to resolve the case without litigation, we commence suit without further notice, as it is our unwavering policy to be as aggressive as necessary to assure that our clients’ cases are handled as expeditiously and diligently as possible. We are always available by email or telephone, and all client inquiries are responded to within 24 hours without exception.

At the Law Office of Mark A. Siesel, we will fight the insurance companies and their defense counsel every step of the way to assure the maximum possible compensation for our clients’ past, present and future pain and suffering, past and future lost earnings and loss of earnings potential, past and future hospital and medical expenses, and loss of enjoyment of life. Call at (914) 428-7386 or email us at for a free consultation to discuss your case in detail.

Client Reviews

Mark Siesel represented me in a personal injury case. I was extremely impressed with his work for several reasons. He was very professional, committed and thorough in the entire process. Mark's persistence and compassion reassured me that I was never alone. He completed his work promptly and...

L.A., former client

Last year, I was in a very bad car accident with a New York City construction truck. I immediately retained Mark Siesel to represent me, as he had previously represented members of my family in other cases with excellent results. Mark handled all aspects of my case thoroughly and aggressively, from...

J.D., former client

There is no one better than Mark Siesel. He is honest, fair, caring and gets the job done. I felt confident knowing that Mark was representing me. He is a true professional. I would recommend him very highly.

P.A., former client

Previously my opinion of lawyers was rather jaded and not very respectful. My prior dealings with lawyers before retaining Mark Siesel left me feeling frustrated and defensive. When I had a motor vehicle accident and needed a lawyer, I went to Mark. From the initial visit I had with him, through the...

S.G., former client

...thanks for the fine job of Mark Siesel on my settlement... everything was handled expeditiously and with intelligence...I was in good hands with Mr. Siesel.

B.B., former client

When your 19 year old son is in a terrible car accident, one is not thinking of lawyers. We feel very lucky to have Mark be the one that represented us. In a low key way, he guided us through confusing hospital red tape, answered questions and was quickly and consistently available for all our...


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