Ladder Falls in NY — Workers' Comp + Labor Law §240

Ladder falls on a construction site are core §240 territory — and most ladder falls trigger strict liability.

TL;DR

• A fall from a ladder during construction, repair, alteration, painting, or cleaning work in NY triggers Labor Law §240 strict liability against the owner and general contractor, in parallel with workers’ compensation against the employer.
• §240 applies whether the ladder slipped, shifted, tipped, broke, was the wrong type, was set on uneven ground, or simply moved while the worker was on it.
• Recovery in §240 includes pain and suffering and is not capped.

Why ladder falls are §240 cases

Labor Law §240 protects construction workers from elevation-related hazards. A ladder is, by definition, an elevation device. When a worker falls from a ladder while engaged in protected work and the ladder failed to provide proper protection, §240 applies.

The Court of Appeals has repeatedly held that an unsecured ladder that moves, shifts, slides, or tips while the worker is on it is per se a violation of §240 — no negligence proof needed.

Common ladder fall scenarios

• Extension ladder slides out from a wall or roof edge
• A-frame ladder collapses mid-use
• Ladder set on uneven or unstable surface tips over
• Ladder rails or rungs fail due to defect or overload
• Worker pushed/knocked by load or moving equipment
• Wrong ladder for the job — step ladder used as extension ladder, height-inadequate ladder used to reach work
• No ladder provided when the work required elevation

Common defenses

The owner/contractor defense looks for:

• Sole proximate cause — worker had a proper ladder available, was instructed to use it, chose not to. Rarely succeeds when any element is missing.
• De minimis height — claim the fall was too low for §240. Usually loses on actual ladder falls.
• Not a protected activity — routine maintenance argument. Activity-specific.

WC track

The worker collects WC regardless — wage replacement, medical, SLU, classification, death benefits. The §240 claim runs in parallel. WC carrier holds a lien on the third-party recovery.

Common injuries

• Spinal injury, fractures, herniations
• Long-bone fractures (ankle, tibia, femur, radius, ulna)
• Wrist injuries from catch falls
• Shoulder injuries (rotator cuff tears from grabbing)
• Closed head injury
• Internal injuries from impact

What to do next

If you fell from a ladder on a job site, contact me — mention the ladder type, what failed, who provided the ladder, and what work you were doing. Contact me directly.

Frequently asked questions

Is a ladder fall always a §240 case?

Almost always if the work was protected construction activity and the ladder failed to provide proper protection — slid, shifted, tipped, was unsecured, or was the wrong type. Court of Appeals case law treats unsecured ladders that move under a worker as per se §240 violations.

What if I was using an A-frame ladder as an extension?

This can support a ‘sole proximate cause’ defense from the owner/contractor if a proper ladder was available and you were instructed to use it. The defense is narrow and rarely successful, but the facts matter.

Related pages

• Construction-site injuries
• Scaffold falls
• Schedule Loss of Use — knee
• Schedule Loss of Use — shoulder
• Can I sue my employer instead of filing workers’ comp?