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.
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:
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:
With respect to fall injuries suffered by truck transportation workers:
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.
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.
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.
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:
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.
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:
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.
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.