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.
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:
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.
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.
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.
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.
Using ladders on wet surfaces, near areas cluttered with debris, or with insufficient lighting increases the risks of ladder falls.
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.
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.
Here is a list of the most common injuries we see from work-related ladder falls:
These injuries can result in significant medical expenses, lost wages, and long-term disabilities, making it essential to secure adequate compensation.
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.
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:
In addition, employers may have more stringent rules for ladder safety.
Workers compensation laws benefit employees injured while working, including victims of ladder falls.
These laws provide statutory benefits like:
You may also negotiate a lump sum settlement for injuries related to the fall off a ladder.
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:
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:
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.
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.
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.
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.