How to Get Compensation for Ladder Falls
Workers compensation often covers injuries from falls off ladders in construction sites and other work environments. Additionally, you may have a civil lawsuit if someone other than your employer violates OSHA regulations or manufactures a defective ladder.
Working on or near ladders puts you at risk of suffering severe injury.
Indeed, ladder falls are a significant cause of workplace injuries that lead to disability and permanent impairment. According to the Bureau of Labor Statistics (BLS), ladders were the primary source of 161 work fatalities and 22,710 injuries.
Our personal injury law firm has represented many employees who suffered life-changing injuries after a fall from a ladder. The recovery from a ladder accident is often long and painful, with many injured workers requiring surgery.
This article provides information and tips on how to get compensation after a ladder accident at work. We use this data to obtain top-dollar workers compensation settlements for injured employees in Virginia and Maryland.
Read on for more information about work-related ladder falls.
Then email or call us (804-251-1620 or 757-810-5614) if you have questions about workers compensation law or third-party actions due to someone else’s negligence. See why other lawyers and injured employees turn to us for help.
What are the Common Causes of Ladder Falls?
We start by exploring the common causes of falls from ladders on the job.
How your ladder accident occurred allows you to predict potential defenses to your workers compensation claim, such as an allegation that you violated one of the employer’s safety rules, and analyze a possible civil action under tort law. Although workers comp is often the exclusive remedy against your employer for a ladder fall, you may pursue a lawsuit against a different party.
Ladder falls often result from a combination of factors, including:
Using the wrong type of ladder
Employers and employees must consider three key factors when selecting a ladder: weight capacity, height, and material.
Every ladder has a duty rating, the weight it can safely handle. Using a ladder that cannot support your weight (including the weight of the materials you carry up and down the ladder) is not just a risk; it’s a potential for structural failure. This awareness is crucial for your safety.
Next, the ladder material should fit the work environment. For example, you should use a nonconductive ladder near electricity like live wires and power lines. Otherwise, you risk electrocution.
In addition, you should choose a ladder that is the right height for the job.
Otherwise, you may have to reach to complete a task, which can cause you to hurt your shoulder. Indeed, we have represented many employees who have had rotator cuff tears from overreaching on a ladder.
We have also seen injuries occur when workers place the ladder on another object to extend its length or stand on the top rung. These acts increase the risk of falling off if you lose your balance or the ladder starts to slide.
Using a defective or poorly maintained ladder
We recommend that you practice regular inspection and maintenance of all ladders. Check the ladder for missing, broken, or worn-out parts before use. Missing or defective rungs, screws, and bolts increase the risk of a work-related accident.
We have seen injured workers suffer injuries when the rung they step on breaks.
Positioning the ladder incorrectly
The wrong ladder setup angle is a leading cause of ladder-related injuries because it can cause the ladder’s base to slide outward.
To avoid this problem, place the ladder on firm, level ground, away from vehicle or foot traffic.
In addition, we recommend placing barriers (such as traffic cones) around the ladder to prevent a vehicle or person from bumping into it.
Further, ask a coworker to support the ladder’s base while you use it. This reduces the likelihood of the ladder slipping, causing you to fall.
Using the ladder inappropriately
Only use the ladder the way the manufacturer meant for customers to use it.
Do not modify or use the ladder for anything other than that intended. Otherwise, you risk suffering injury or death.
Climbing the ladder with hazardous work conditions
Using ladders on wet surfaces, near areas cluttered with debris, or with insufficient lighting increases the risks of ladder falls.
Lack of ladder safety training or supervision
Workers who have yet to receive proper ladder safety training are more likely to misuse equipment.
For example, many employees with small construction companies, which make up the majority of businesses in this industry, need to receive the required safety training to use step and extension ladders safely but do not.
Failing to maintain three points of contact
You should always maintain three points of contact when using a ladder.
This may mean you must refrain from carrying specific materials or equipment to maintain balance on the ladder.
Common Ladder Accident Injuries
Here is a list of the most common injuries we see from work-related ladder falls:
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- Broken bones: Fractures, particularly in the arms, legs, and ribs, are common in ladder falls.
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- Head injuries: Concussions and traumatic brain injuries (TBIs) can occur if the head strikes the ground or another object.
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- Spinal cord injuries: Falls from heights can cause damage to the spinal cord, potentially leading to paralysis. We have obtained settlements for many injured employees who required spinal fusion surgery after a fall off a ladder.
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- Sprains and strains: Ligament and tendon injuries are common, particularly in the ankles and wrists.
These injuries can result in significant medical expenses, lost wages, and long-term disabilities, making it essential to secure adequate compensation.
What Occupations Have the Greatest Risk of Suffering Workplace Injuries Due to Ladders?
Many ladder-related injuries occur in two occupational categories: (a) installation, maintenance, and repair and (b) construction and extraction.
However, a fall from a step or extension ladder can happen in various job environments.
For example, thousands of nonfatal work-related ladder injuries involving days away from work occurred in service, sales, and transportation occupations in 2020.
What Rules and Regulations Govern Ladder Use?
Occupational Safety and Health Administration (OSHA) regulations explain when employers must provide ladders on job sites, what ladder safety training to give employees, the required condition of the ladders, and how to maintain a safe working environment to prevent these accidents.
For example:
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- Employers must supply workers with a stairway or ladder when there is a break in elevation of 19 inches or more, and no ramp, runway, or hoist is available.
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- Employers must keep at least one access point between levels clear of obstacles.
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- Employers must install ladder fall protection systems in some situations.
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- All ladders must be free of oil, grease, and other slipping ladders.
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- Do not move or extend ladders when in use.
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- Ladder rungs and steps must be parallel, uniform, and evenly spaced.
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- Do not stand on the top step of a step ladder.
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- Portable ladders to access an upper landing surface must have side rails extending at least three feet above that surface.
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- Fixed ladders must support at least two loads of 250 pounds each, concentrated between any two consecutive attachments. They must also support added loads from ice and winds.
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- Individual rungs should have a shape meant to prevent slipping.
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- Ladder repairs must restore the ladder to its original design condition. Otherwise, you cannot use it.
In addition, employers may have more stringent rules for ladder safety.
Legal Rights Under Workers Compensation for Ladder Fall Accidents
Workers compensation laws benefit employees injured while working, including victims of ladder falls.
These laws provide statutory benefits like:
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- Coverage for medical expenses related to the ladder accident
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- Cash payments to cover lost wages when you are out of work (temporary total disability) or have a less physically demanding job earning less money than you did before the fall from a ladder (temporary partial disability)
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- Permanent partial disability benefits when you have a loss of use of the injured body part after reaching maximum medical improvement (MMI). Learn how to get a higher permanent impairment rating here.
You may also negotiate a lump sum settlement for injuries related to the fall off a ladder.
How to Claim Compensation for a Ladder Accident at Work
To be eligible for workers compensation in Virginia, you must be an employee injured while performing a job-related task. Independent contractors cannot receive workers comp.
In addition, you must be able to identify a specific incident that resulted from an employment risk. Usually, this is easy to do if you fell off a ladder and can explain why (i.e., you overreached, the ladder shifted, a rung broke, slipped, etc.).
Further, to secure compensation for a ladder fall at work, you should follow these procedural steps:
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- Report the accident: Notify your employer about the accident as soon as possible. Do not assume your employer knows the incident because a coworker witnessed it. Provide written notification within thirty days, including detailed information about the accident and your injuries.
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- Seek medical attention: Get medical treatment immediately to document your injuries and minimize the risk of your employer contesting your claim. Consult a healthcare provider authorized by your employer or the insurance carrier.
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- File a workers’ compensation claim: Complete and submit a Workers’ Compensation Claim (Form VWC-1) to the Virginia Workers’ Compensation Commission (VWC). You can do this online, by mail, or in person. You must file your claim within two years from the date of injury.
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- Employer’s Role: Your employer must report the injury to their insurance carrier and the VWC within ten days or risk a fine. Further, the employer’s noncompliance may toll the statute of limitations for filing a claim.
Third-Party Liability: Can I Sue Outside of Workers Comp for My Ladder-Related Injury?
If someone other than your employer is responsible for your ladder fall, you can file a third-party liability claim in federal or state court.
Documentation, witness statements, and expert testimonies can all play critical roles in establishing fault. Indeed, testimony that the defendants violated OSHA rules on ladder safety can help you win the case.
Examples of third parties who may be defendants in ladder accident lawsuits include:
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- Equipment manufacturers: If a defect in the ladder caused your fall, the manufacturer could be held liable.
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- Contractors or subcontractors: If other workers on the site created hazardous conditions that led to your accident, they might be responsible.
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- Property owners: If you work on a site with unsafe conditions, the owner might be liable.
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- Maintenance companies: If a company responsible for maintaining the equipment fails to perform necessary inspections or repairs, leading to your fall, they could be held liable. For instance, if a maintenance company neglected to fix a known defect in the ladder, resulting in an accident.
Pursuing a third-party claim can provide additional compensation beyond workers compensation benefits. This might include pain and suffering, which the Workers Compensation Act does not cover.
However, these added damages mean a personal injury claim can be more complex and time-consuming than a workers compensation claim.
What if You Are Partially Responsible for Falling Off a Ladder?
Many ladder accidents happen when an employee makes a mistake on the job.
But we have good news: A negligent act or omission will not prevent you from receiving workers compensation benefits. Virginia, like most states, has a no-fault occupational injury system.
However, an exception exists if you intentionally violated a safety rule that the employer enforced regularly.
For instance, the claim administrator (the insurer or a company like Sedgwick, ESIS, or Gallagher Bassett) may deny your compensation claim if you fail to follow safety protocols, such as not wearing the required safety harness. Then Workers Compensation Code Section 65.2-306 may bar benefits for a fall off a ladder.
Your negligence will create a more significant challenge if you file a personal injury lawsuit against a third party for injuries in the ladder accident.
Virginia follows the rule of contributory negligence, which means if you are found even slightly responsible for your ladder fall, you may not recover compensation.
What is the Average Settlement Amount for Ladder Accident Cases?
The reasonable settlement range for cases where a person falls off a ladder often depends on the nature and extent of the injuries.
And falling from an unsafe, unsecured, or defective ladder can lead to catastrophic injuries due to the added height.
Therefore, many ladder injury cases settle for $150,000 to $1,000,000 or more.
Get Help from an Attorney Who Has Successfully Resolved Ladder Accident Claims
Ladder falls can have severe and lasting impacts on your health and financial stability. Understanding your legal rights and the compensation options available in Virginia or your state is essential for recovering from such an accident.
Your best ally is an experienced attorney who regularly handles ladder fall accidents in Virginia. They can explain your legal rights, gather and develop evidence, and ensure you receive the maximum compensation available.
If you or someone you know has experienced a ladder fall at work, contact a skilled attorney to navigate the legal system and recover the compensation you deserve.
For more information and assistance, call me at (757) 810-5614 or (804) 251-1620 or complete our online contact form.
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