Frequently asked questions
Can I sue Werner Enterprises if their ladder caused my fall in New York?
Yes. If a Werner ladder was defective in design, manufacturing, or lacked adequate warnings, you can bring a product liability claim directly against Werner under New York law. These claims are independent of any workers’ compensation benefit you receive, and you can pursue both simultaneously. You do not need to prove Werner was negligent — only that the product was unreasonably dangerous.
Does New York Labor Law §240 apply to Werner ladder accidents on construction sites?
Yes. NY Labor Law §240, known as the Scaffold Law, imposes absolute liability on general contractors and property owners when a worker falls from a ladder or other elevated surface on a construction, renovation, or repair project. If the ladder shifted, collapsed, or was inadequately secured and you fell, the contractor and owner are strictly liable regardless of any comparative fault. Werner as the manufacturer may also be a separate defendant in the same lawsuit.
Who can file a Werner ladder lawsuit in New York, and does immigration status matter?
Any worker injured on a New York job site can file a claim — union or nonunion, documented or undocumented. New York courts have consistently held that immigration status is irrelevant to Labor Law §240 and §241(6) claims. Undocumented workers are entitled to the same full compensation for medical bills, lost wages, and pain and suffering as any other injured worker.
What is the deadline to file a Werner ladder lawsuit in New York?
For a product liability claim against Werner, New York’s statute of limitations is generally three years from the date of injury. For Labor Law claims against a contractor or property owner, the same three-year window typically applies. If a government entity owns the property, a Notice of Claim must be filed within 90 days. Acting quickly matters because evidence — including the ladder itself — can disappear fast.