Arye, Lustig & Sassower, P.C.

New York’s Premier Construction Accident And Personal Injury Lawyers

No Recovery = No Fee Free ConsultationsHablamos Español
212-732-4992 : 800-340-4992
Review Us

OSHA will not investigate after two workers fell from ladders

After a construction accident, it's expected that employees will have workers' compensation benefits and that government agencies will investigate. But as one recent ladder accident shows, that's not always the case. Whether a worker is an employee and whether government agencies can get involved depends on the circumstances of the accident.

The accident happened when two men were working on a garage. They were working on ladders about 20 to 25 feet from the ground when both fell separately from the ladders. Both were seriously injured and were flown to a medical center for treatment.

Police said a 50-year-old man could be paralyzed as a result of the accident. A 30-year-old man was apparently less seriously injured, although the hospital was not releasing information about his condition.

Neither the state Labor Department nor the federal Occupational Safety and Health Administration (OSHA) will look into the matter. The area director for OSHA said his agency had determined that the three men worked as partners, and there was no employer-employee relationship. OSHA protects employees, and if there were no employees, there is nothing for the agency to inspect, the director says.

Maine, where the accident occurred, also does not have jurisdiction over the accident, a spokeswoman for the state Department of Labor said. She says the accident raises questions of worker misclassification that can leave workers without workers' compensation coverage in the event of an accident.

It can be difficult to tell whether a worker is an employee, contractor or partner, and the effect on a worker's benefits and ability to sue can be enormous. This is one reason why it's important to consult an experienced construction accident attorney to find out your legal rights and options after a construction accident.

Source: Bangor Daily News, "Federal, state safety agencies won't investigate Richmond ladder accident," Beth Brogan, July 29, 2013

  • Our law firm represents clients who have been injured in New York City construction accidents. Visit our page onladder accidents and fallsfor more information.

No Comments

Leave a comment
Comment Information

*AV Preeminent is the highest rating of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

New York’s Premier Construction Accident And Personal Injury Lawyers
Arye, Lustig & Sassower, P.C.

Office Location:

20 Vesey Street
Suite #1010
New York, NY 10007

Toll Free: 800-574-4529
Phone: 212-732-4992
New York Law Office Map

Email Our Firm
Map
No Recovery = No FeeFree ConsultationsHablamos Español
: