Workers Compensation for Falls at Work Involving Roofs, Ladders, and Scaffolds

 

We Help Injured Employees Obtain Workers Comp Benefits and Settlements for Injuries from Falls from Heights to Lower Levels, such as Falls from Roofs, Ladders, Ropes, and Scaffolds

 

Falls are some of the most common work-related accidents in Virginia and across the United States.

 

A recent report from the U.S. Bureau of Labor Statistics found that falls from heights to a lower level accounted for roughly 5 percent of all worker injuries requiring missed time from work. Employees in private industry and state and local government suffered more than 55,000 injuries resulting in missed time from work because of falls to lower levels.

 

Though more employees suffer injuries in falls on the same level, such as slip and fall accidents due to wet or slippery floors or trip and fall accidents due to having to navigate chairs, containers, packages, debris, and other items on the floor, falls from heights lead to more fatal work-related injuries. The same U.S. Bureau of Labor Statistics found that falls from heights, including ladders, scaffolds, and ropes, accounted for more than 12 percent of all workplace deaths in the U.S.

 

This articles examines falls from heights and what you must prove to receive lifetime medical treatment, wage loss benefits, and a workers compensation settlement for injuries suffered in your fall from a roof, ladder, or other height to a lower level. We know how important it is for victims to understand their rights to workers comp benefits – and we want you to get everything you’re owed.

 

Keep reading to learn more. If you have questions, or are looking for high quality legal representation, contact Virginia workers compensation attorney Corey Pollard for a free consultation: 804-251-1620 or 757-810-5614.

 

What Types of Employees are at the Greatest Risk of Suffering an Injury in a Fall from a Height to a Lower Level?

 

Most workers compensation fall injuries occur in the private sector. The following industries have the most falls from heights leading to missed time from work and disability:

 

  • Construction Industry: Falls from heights are one of the construction industry’s “fatal four” workplace accidents. The other three are: falling object accidents; electrocutions; and crush injuries where the construction workers is caught between two objects or machines. According to the Occupational Safety and Health Administration (OSHA) the fatal four workplace accidents are often responsible for more than 50% of worker deaths in a given year. The construction industry includes roofers.

 

  • Retail: This is not surprising since many retail workers have to climb ladders, stools, and steps to stock shelves. We have represented employees who were hurt in falls from heights while working for Wal Mart, Target, Home Depot, Lowe’s, and other retail stores.

 

  • Transportation and Warehousing: We have represented a number of injured workers who were hurt in falls from ladders and heavy machinery. We have also obtained settlements for truck drivers who have fallen from the top of their vehicle.

 

  • Manufacturing

 

  • Health Care

 

  • Agriculture, Forestry, Fishing, and Hunting: We have represented loggers, arborists, and tree care professionals who fell from heights on the job.

 

  • Education: Some teachers and school employees, such as janitors and custodians, have to climb stepping stools or stairs to perform their job duties, which can lead to falls from heights.

 

Examples of How Injuries Suffered in a Fall from a Height Can Affect a Worker’s Health and Finances

 

No two workers compensation claims are alike. But reviewing averages can give an injured employee and his or her attorney an idea of how the insurance carrier may view the claim’s value.

 

Here is more information from U.S. Bureau of Labor Statistics report discussed above regarding characteristics of workers comp claims involving injuries in falls sustained by roofing contractors and truck drivers.

 

With respect to fall injuries suffered by roofing contractors:

 

  • 100 percent of roofer falls from heights were sustained by men
  • 51.9% of the injured roofers were white
  • 28.8% of the injured roofers were Hispanic or Latino
  • Close to half of the fall injuries required 31 or more days away from work
  • More than half of the falls were from roofs, with close to 20% being falls from ladders
  • More than half of the injuries were fractures

 

With respect to fall injuries suffered by truck transportation workers:

 

  • More than 95 percent of trucker falls from heights were suffered by men
  • Close to 40% of the injured truckers had worked for their employer for more than 5 years
  • More than 35% of the injured truckers were between ages 55 and 64
  • In a little more than half of the cases the source of the fall injury was the truck.
  • In close to 30% of the cases the source of the injury was the floor or walkway. This is common when truckers have to navigate ramps and uneven surfaces to unload or load their vehicles

 

When evaluating your claim it is important that you consider not only the type of future medical care you may need but also how much time you may miss from work.

 

Types of Injuries Suffered in Falls from Heights at Work

 

Falls from heights such as roofs and ladders can lead to severe injuries and even death. Common injuries from falls to a lower level include:

 

 

Often these are injuries that require extensive medical care, such as spinal fusion, and lead to lifelong disability.

 

Fatal Occupational Injuries Due to Falls from Heights

 

In 2013 close to 600 workers died because of falls from a height to a lower level. The majority of these employees were men in the construction industry.

 

In these cases the source of the injury was often the roof or a ladder. Other sources of injury included a vehicle, scaffolding, or a collapsing structure or equipment.

 

Nearly half of these fatal fall injuries involved an intracranial injury.

 

Construction workers at risk of suffering a fatal fall to a lower level include: framers; roofers; electricians; drywall laborers; painters; plumbing, heating, and air-conditioning contractors; and, general laborers.

 

Usually the greater the height of the fall the greater the risk for paralysis, brain injury, or death. Falls from heights of 11 feet or more put the employee at great risk of lifelong disability.

 

How to Reduce the Risk of Fall-Related Injuries on the Job

 

Falls from heights are the leading cause of worker fatalities in the construction industry and a cause of severe injuries in all private sectors. It is not surprising, therefore, that OSHA often cites employers for lack of fall protection.

 

Your employer is supposed to take specific safety measures to reduce the risk of a fall injury. These include:

 

  • Inspecting equipment such as ladders, ropes, and fall protection equipment before use
  • Following all weight limit guidelines on ladders and scaffolds
  • Avoiding placing ladders on uneven ground or on top of other objects
  • Cleaning up debris or wet surfaces as soon as possible
  • Using guardrails
  • Using harnesses when working on elevated surfaces

 

Regardless of whether your employer promotes safety regularly, you must follow all safety rules. The employer and insurer are looking for a way to deny your claim. If you fail to follow a safety rule and get injured, then the insurance carrier may raise a willful misconduct defense at your workers compensation hearing. This may bar you from receiving benefits.

 

Workers Compensation Benefits Available to Employees Hurt in a Fall from a Height

 

In Virginia you may receive workers comp if you suffer an injury by accident arising out of and in the course of your employment. Usually a fall from a height, such as a ladder, beam, scaffold, or roof, is considered a specific risk of the employment. And if you prove that your injury is due to a specific risk of your employment, then you can prove that the fall injury arose out of a risk of the employment.

 

Part-time and full-time workers are eligible for workers comp benefits if they work for an employer who has three or more employees in service regularly. It doesn’t matter if you are hurt on your first day on the job or 1000th, you are eligible for workmans comp.

 

If you are injured in a fall from a height, you must seek medical attention right away and notify your employer of the injuries. We understand that your injuries may be so severe that you are unable to complete a written report immediately. But you should do so as soon as possible.

 

Depending on the facts of your case, you may be eligible for the following benefits for injuries sustained in a fall from a roof, ladder, truck, or other height:

 

 

 

 

 

  • Vocational Rehabilitation to help you find a new job if you are unable to return to your pre-injury employment after the fall

 

If a fall from a height leads to a fatality, the the deceased worker’s family may be entitled to workers compensation death benefits.

 

Another option is to try to negotiate a workers compensation fall injury settlement. Make sure you contact an attorney when pursuing a lump sum payment. Your settlement should take into consideration your future medical needs, projected wage loss, and permanent disability.

 

Protect Your Right to Compensation After a Fall at Work

 

The Virginia Workers’ Compensation Rules are complex. One procedural mistake can cost you tens of thousands of dollars. Hiring an experienced workers comp attorney like Corey Pollard is the best way to protect your right to monetary benefits and medical treatment while freeing up your time so you can focus on healing.

 

We are dedicated to helping Virginia residents obtain top-dollar workers comp settlements. We’ve helped employees in Richmond, Newport News, Norfolk, Virginia Beach, Fredericksburg, Roanoke, Fairfax, and Prince William County get benefits in claims arising out of accidents with employers like FedEx, Wal Mart, Home Depot, Target, and other local businesses. Please call or email us today to schedule a free, no-obligation consultation.

 

If your fall injury is severe – and most injuries arising out of falls from ladders and roofs are – then you may be entitled to Social Security Disability benefits and payments under any applicable long term disability policy. We will help you navigate these systems so that you receive all possible sources of income following your fall to a lower level.

 

Corey Pollard
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