You were climbing a ladder to do your job, just like you’ve done a hundred times before. But this time, the ladder slipped, cracked, or wasn’t even secured. And now you’re in a hospital bed, wondering what went wrong and who’s going to pay for it.
Construction workers in New York and New Jersey face danger every time they use a ladder.
But here's the truth: most ladder fall injuries never should’ve happened.
When employers ignore the OSHA ladder safety standard and state labor laws, construction workers pay the price.
If you were hurt in a ladder fall, you're not alone, and you're not powerless. Ladder falls are frequently high on OSHA’s Top 10 most frequently cited standard list.
What Does OSHA Require? Did Your Employer Break the Rules?
29 CFR § 1926.1053 sets clear, non-negotiable rules for ladder safety on construction sites. Core requirements include:
Load Capacity and Strength
- 4x maximum load. Every ladder must be able to support at least four times the heaviest expected load without breaking or buckling.
- Extra durability for metal and plastic. Extra-heavy-duty type 1A metal or plastic ladders must withstand 3.3 times the maximum load.
- Stable rungs. Ladder rungs and steps must be parallel, level, and evenly spaced 10-14 inches apart to provide reliable footing and grip.
Proper Positioning and Use
- Spacing and placement. Ladder rungs, cleats, and steps shall be parallel, level, and uniformly spaced when the ladder is in position for use.
- Secured from slips. Ladders need slip-resistant feet, secured cleats, or another reliable slip prevention system.
- Three points of contact. Workers must be able to maintain three points of contact (two feet/one hand) while climbing.
- Fall protection over 24 ft. Ladders over 24 feet tall must have cages, wells, landing platforms, or personal fall arrest systems to protect from catastrophic falls.
Inspection and Maintenance
- Regular comprehensive checks. Employers must frequently inspect ladders for defects, corrosion, slippery substances, and any other hazards that could cause a fall.
- Removal of defective ladders. Any ladder that fails inspection must be immediately tagged and taken out of service for repair or replacement.
- Housekeeping. Ladders must be cleaned regularly and kept free of slick materials like grease, oil, wet paint, and other slipping/tripping hazards.
OSHA’s standard also includes other ladder-safety requirements designed to prevent accidents.
What Makes New York’s Laws Different?
New York Labor Laws and Regulations provide additional protections for construction workers on New York job sites.
Labor Law § 240: The Scaffold Law
New York’s Labor Law § 240, also called the Scaffold Law, holds employers strictly liable for injuries caused by falls from ladders and other elevation-related hazards.
If you were hurt in a ladder fall on a New York construction site:
- You don’t have to prove your employer was careless. If the ladder wasn’t safe and you fell, the law is likely on your side.
- You may be entitled to full compensation. This includes medical bills, lost wages, pain and suffering, and more.
- Even subcontractors and property owners can be held accountable. It’s not just your boss who may be liable.
New Jersey doesn’t have an identical law, but injured workers may still have strong claims if ladder safety rules were violated.
New York’s Regulatory Standards for Ladders — Part 23-1.21
In addition to New York’s strict liability under Labor Law § 240, the state’s Industrial Code includes detailed safety standards for ladders and ladderways under Part 23-1.21 of the New York Codes, Rules and Regulations (NYCRR). These regulations require that ladders used on construction sites be designed, maintained, and used in ways that minimize the risk of falls and related injuries.
Key aspects of 12 NYCRR Section 23-1.21 include:
- Approval and strength. Metal or fiberglass ladders 10 feet or longer must be approved for use, and every ladder must support at least four times its intended load without failure.
- Maintenance. Ladders must be kept in good condition. Those with broken parts, insecure joints, worn rungs, or material defects are prohibited from use.
- Installation and use. Portable ladders used for regular access must be securely fastened, extend sufficiently above landing points, and be positioned at safe angles on firm footing. When work is being done above certain heights, ladders must be held or mechanically secured to prevent slipping.
- Additional requirements. The regulations also specify safe spacing and sizing for ladder components and limit their use in hazardous locations, such as near energized electrical lines.
Violations of these regulatory standards can not only increase the risk of ladder accidents but also support legal claims under Labor Law § 240 and § 241 when unsafe ladder conditions contribute to a worker’s injuries.
What You Can Do After a Construction Site Fall
Even if the law is on your side, it is essential to take action to protect your rights. As soon as possible after a ladder fall, it’s important to:
- Get medical attention. Prompt medical attention may help your physical and legal recoveries.
- Document the scene. If possible, take photos of the ladder and work area.
- Report the injury. File a formal report with your employer.
Then, it’s critical to talk to a New Jersey or New York construction accident lawyer as soon as possible to protect your possible compensation.
How a New York Construction Accident Lawyer May Help You Recover
When you're injured on a job site, it feels like the system is stacked against you. Your employer may downplay the incident. Their insurance company may offer a lowball settlement or deny responsibility entirely.
But you don’t have to rely on your employer or the insurance company to treat you fairly. With decades of experience in construction injury law, Hofmann & Schweitzer construction accident lawyers know:
- How to prove OSHA and state law violations
- Which parties can be held accountable, including contractors and property owners
- How to maximize compensation
- What it takes to win against powerful insurance carriers
They’ll say you should’ve been more careful, that you slipped, or that it’s just part of the job. But falling from a ladder isn’t your fault when the ladder wasn’t safe to begin with.
OSHA rules and New York Labor Laws exist to protect you. You have rights and a potential path to compensation.
