Falling from a ladder can result in severe and fatal injuries. If you or someone you love suffered injuries in a ladder accident, you may have a claim for compensation. The personal injury lawyers at Dell & Dean, PLLC can help you seek money to pay for your medical expenses, lost wages, and more. We can manage every stage of your insurance claim or lawsuit while you focus on healing.
Contact us online or call today to learn more during a free consultation. We do not charge attorney fees until we win your case.
We Help the Injured Seek Justice
For over 25 years, Dell & Dean PLLC has treated clients like family. We know that injury victims are facing a stressful and challenging time, and we strive to treat everyone we represent with respect, compassion, and the personalized attention they deserve.
We fight hard because we know how important getting results is to helping you get back on your feet. When you work with our law firm, you get:
- A dedicated team of personal injury attorneys and paralegals who can investigate your claim, manage case details, aggressively negotiate for the maximum compensation possible, and file a lawsuit when necessary
- Constant communication and updates about your case, and prompt replies to your questions and concerns
- A firm with a winning track record that includes hundreds of millions of dollars in settlements and verdicts
How to Seek Compensation for a Ladder Accident on Long Island
Ladder accidents can happen anywhere, but are common in the workplace. According to the Centers for Disease Control and Prevention (CDC), in a recent year, there were nearly 23,000 work injuries involving falls from ladders. A majority of these ladder accidents occurred in installation, maintenance, and repair jobs, construction and extraction jobs, and the service industry.
If you suffered a ladder accident injury, you may be able to seek damages with a workers’ compensation claim or a premises liability lawsuit.
How to Seek Workers’ Compensation
According to the New York State Workers’ Compensation Board (WCB), nearly every employer in New York is required to provide workers’ compensation insurance for their employees. If you sustain an injury while on the job, workers’ comp should cover your necessary medical treatment and provide income replacement benefits if you cannot work while you recover. Workers’ comp also pays survivor benefits to the families of fatally injured workers.
Workers’ compensation is a form of no-fault insurance, meaning you do not have to prove that someone else’s negligence caused your ladder accident to receive compensation. You do need to prove that you have an injury, it occurred at work, you require medical care, and are unable to perform your job while you heal.
An attorney with our firm can support your claim with evidence. We can fight for the medical treatment you need and seek fair compensation for your lost wages. We can also appeal denied claims.
How to Seek Premises Liability Damages
You usually cannot sue your employer if they offer workers’ compensation insurance. However, there are exceptions, and there may also be liable third parties against whom you can take action. Therefore, you must understand all of your legal options before accepting a workers’ comp settlement.
Potentially liable third parties may include the owner of the property where your ladder accident occurred. Personal injury lawsuits involving property owner negligence fall under the umbrella of premises liability. In addition to medical expenses, a premises liability lawsuit may allow you to recover damages not available through workers’ compensation, including:
- Lost income – Workers’ comp does provide wage replacement benefits, but it is usually around two-thirds of your average pre-injury wage. With a premises liability claim, you can seek the full value of your lost wages and employment benefits, as well as compensation for the loss of your future earning capacity if you cannot return to your previous job or must leave the workforce entirely.
- Property damages – If your personal property, such as tools, cell phones, or jewelry, was harmed in your ladder accident, you can seek repair or replacement costs.
- Pain and suffering – Pain and suffering damages compensate for intangible losses related to your physical, mental, and emotional health and overall quality of life.
- Wrongful death – Wrongful death damages for a fatal injury can include medical bills, the loss of your loved one’s income and future financial support, funeral and burial expenses, and the loss of your loved one’s care, guidance, and other intangible benefits.
How Long Do You Have to Take Action?
If your ladder accident happened at work, the New York WCB states that you must inform your employer within 30 days to protect your right to file a workers’ comp claim. You must also file a form with the WCB within two years of when your injury occurred.
When taking legal action, the statute of limitations for personal injury in New York is three years for most cases. The statute of limitations for wrongful death is generally two years. If you do not file your lawsuit before the deadline expires, the court will likely refuse your case.
Our ladder accident lawyers can help you get started immediately.
What to Do After a Ladder Accident
There are a few things you can do after a ladder accident to protect your health and your rights:
- Inform your employer and/or the property owner about your injury.
- Seek medical treatment and follow your doctor’s orders.
- Maintain a file with your medical records, medical bills, pay stubs, and documentation of other injury-related expenses.
- File workers’ comp and liability insurance claims promptly.
- Do not post about your accident or injury on social media.
- If the insurance company or an opposing attorney contacts you, do not go into detail about your accident, agree to give a recorded statement, or accept an initial settlement offer.
- Contact a lawyer to discuss your legal options.
Connect With a Ladder Accident Lawyer Today
Dell & Dean PLLC is here to guide you through every stage of your ladder accident case. Contact us online or call today to connect with a Long Island personal injury attorney near you. We offer free initial consultations.
Dell & Dean, PLLC, represents personal injury victims throughout Nassau County and Suffolk County on Long Island, as well as the boroughs of New York City and the surrounding areas.
