Injury guide

UPDATED FEB 2026

Part of the Construction Accident investigation
People's Justice Research TeamUpdated February 21, 2026Fact-checked

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Ladder falls are one of the most common causes of serious construction injury, resulting in broken bones, traumatic brain injuries, spinal cord damage, and death. OSHA's ladder standard for construction, 29 CFR 1926.1053, requires that portable ladders be placed at the proper angle (75.5 degrees or a 4:1 ratio of height to base), extend at least 3 feet above an upper landing surface, be secured against movement at the top and bottom, be rated for the load, and be used only on stable surfaces. Violations of these requirements — including failure to secure the ladder's base, providing ladders with structural defects, or placing ladders on unstable surfaces — establish negligence against the contractor providing or controlling the work area. In New York, unsecured ladder falls are covered by Labor Law §240, which imposes automatic liability on the GC and property owner when a ladder fails to provide adequate fall protection.

Evidence in Ladder Fall Cases

Ladder fall cases depend on prompt evidence collection: photographs of the ladder and the surface where it was placed, the ladder's manufacturer rating and condition, OSHA inspection records following the accident, witness accounts from co-workers who observed the conditions before the fall, and site safety logs. Defective ladders can support a products liability claim against the manufacturer in addition to a negligence claim against the contractor. A construction accident attorney should be engaged immediately to preserve the ladder itself as physical evidence and to obtain OSHA records before they are closed.

FAQ

Frequently Asked Questions

12 QUESTIONS

Yes — in most cases. Workers' compensation provides an 'exclusive remedy' against your direct employer, which means you generally cannot sue your employer in a civil lawsuit. However, the exclusive remedy doctrine does not protect third parties who are not your direct employer. On a construction site, many parties are present beyond your employer: the general contractor overseeing the project, other subcontractors, the property owner, equipment manufacturers, scaffolding rental companies, and material suppliers. If any of these third parties' negligence contributed to your accident, you can pursue a civil lawsuit against them while simultaneously receiving workers' comp benefits. The workers' comp carrier may assert a lien against your civil lawsuit recovery for benefits paid, but lien resolution negotiations typically allow you to keep the substantial majority of your civil recovery. The dual-track strategy — workers' comp for immediate income replacement plus a civil lawsuit for full damages including pain and suffering — almost always produces a higher total recovery than either track alone.

The full investigation

Part of the Construction Accident Investigation