Can You Get Personal Injury Compensation from a Ladder Fall at Work?

Key Points:

• If you fall off of a ladder at work and are injured, it should be covered by workers’ comp, but if your employer doesn’t have workers’ comp insurance and certain conditions are met, you can end up with a work-related injury legal claim.
• Employer Responsibility: Your employer has an inherent responsibility to ensure that the ladder is safe and appropriate for the task, properly set up, and well maintained. If your employer fails to do so, it could be considered negligence.
• Training and Safety: Your employer is also responsible for providing adequate training on appropriate ladder use and safety, since the lack of proper training can significantly increase the risk of accidents.
• Unsafe Conditions: Your employer is legally liable to maintain a safe work environment. So, by allowing cluttered spaces, slippery floors, or poor lighting can lead to accidents, they could be deemed negligent.

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If you’ve recently fallen from a ladder while at work, please know that you are not alone. It’s essential to understand your rights, and you may be entitled to compensation beyond workers’ compensation benefits!

Unfortunately, accidents involving falls from ladders, especially while at work, are quite common. There’s no need for you to feel embarrassed; these incidents really do happen to many people!

According to the Centers for Disease Control and Prevention (CDC) and the National Institute for Occupational Safety and Health, more than 164,000 people seek medical treatment every year due to ladder-related injuries in the United States and, sadly, approximately 300 people lose their lives each year after falling off of a ladder… These shocking, staggering statistics accumulate an estimated annual cost of $24 billion.

How Your Expenses from a Ladder Fall Will Likely be Paid

If you fell off a ladder while at work, it’s likely you work in an industry where ladder accidents are possible. That may sound obvious, but this means there’s a high probability your accident will be covered by workers’ compensation!

Since not all industries require workers to climb ladders regularly, we understand that not all industries where ladder falls occur actually involve daily ladder use. For example, if you work for a tree-cutting company, which is pretty common here in Atlanta, you’re on a ladder every day, and your risk of a ladder fall is very high. However, if you work in a restaurant, you might only need to use a ladder only once a month. Regardless, if your industry has a higher risk of ladder falls, chances are there is workers’ compensation support available.

Does Having Workers’ Compensation Insurance Protect My Employer from a Work Injury Lawsuit?

If your employer has workers’ compensation insurance, it can be difficult for you to sue them for a ladder fall, since workers’ compensation provides protection for the employer. Even if the employer was clearly at fault or negligent in some regard, their workers’ comp insurance will cover damages caused by the ladder fall.

Can I Sue My Employer if My Ladder Fall Was Caused by Their Recklessness?

If you believe your employer intentionally tried to injure you and knowingly made the conditions dangerous for the ladder on purpose, this could lead to a work injury legal claim beyond what workers’ compensation covers.

A personal injury claim against your employer will definitely come with challenges since you’re not just proving a mistake but also trying to prove their malicious intent. Another challenge in a lawsuit could be determining who was liable for the fall. If it turns out that another employee (or even a manager) made a malicious mistake that caused you to fall while you were on the ladder, the business and its insurance company might try to hold that individual personally liable instead.

If My Work Injury Ladder Fall Isn’t Covered by Workers’ Comp, Can I Sue My Employer?

According to Georgia law O.C.G.A. § 34-9-120, employers with three or more employees are required to carry workers’ compensation insurance. If you fell from a ladder on the job and discovered that your employer did not have workers’ compensation insurance (this does happen somewhat often), that could be considered negligence and you might be able to file a work injury claim against them for the ladder fall.

Can I File a Legal Claim Against My Employer if I Caused My Ladder Fall and They Didn’t Have Workers’ Compensation Insurance?

Yes, because your employer was negligent in not providing the financial protection of workers’ compensation insurance, you should not have to bear the financial burden of your ladder fall. When you took the risk of climbing a ladder as part of your job, you trusted that your employer would financially protect you if something happened and they should still be held accountable.

However, it’s important to note that these types of legal claims can present significant challenges. Employers who avoid paying for workers’ compensation insurance may have limited funds or no insurance at all, making it difficult to recover any compensation.

Can I File a Legal Claim Against a Ladder Manufacturer for My Ladder Fall at Work?

Yes, you can file a legal claim against a ladder manufacturer for your fall at work if the ladder malfunctioned and didn’t work as it was supposed to. In that situation, you might have a case for a product injury lawsuit.

However, project injury lawsuit cases can be difficult because manufacturers often include cautionary labels and warnings to explicitly protect themselves from lawsuits, especially for products like ladders where the risk of injury is high.

In order to successfully win a product injury case, you’d need to first prove that the ladder was defective when it left the factory and that this defect contributed to causing your injury. For example, this could mean showing that the ladder had a design flaw, a problem during manufacturing, or that it didn’t come with proper warnings or instructions. Even in those situations, manufacturers usually make strong efforts to ensure things are designed correctly and take care to protect themselves, since this is a field where injury lawsuits are more likely if they make even one mistake.

What Causes of Ladder Falls Can Be Considered Negligence by My Employer?

If you’ve been injured in a ladder fall at work, it’s crucial to recognize the potential for employer negligence. One key factor is the employer’s choice (and setup) of the ladder, since employers are responsible for selecting a ladder that’s appropriate for the task they’re requiring you to perform and they’re responsible for ensuring the ladder is also properly secured and stabilized. If they fail to do so, a ladder that slips or collapses can be considered negligence.

Another important area to examine is whether or not the employer provided adequate training on the ladder’s use and safety protocols. If you weren’t trained properly, your employer might be liable for your injuries, as insufficient training significantly increases the risk of accidents.

The ladder’s condition is also critical when assessing negligence. If your employer hasn’t maintained the equipment properly so that it’s safe, or uses defective or damaged ladders, that can constitute negligence. Things like broken rungs, damaged side rails, or worn-out non-slip treads and surfaces that aren’t addressed can all contribute to accidents for which the employer may be held responsible due to negligence.

It’s the employer’s duty to inform workers about safe weight limits and the dangers of overreaching, since both overreaching and overloading while on a ladder can cause falls. If these guidelines aren’t provided, the employer’s negligence could be a contributing factor.

The work environment itself also plays a significant role in ladder safety. Employers are responsible for ensuring that the area where the ladder is placed is free from hazards; if conditions such as cluttered spaces, slippery floors, poor lighting, or unsafe weather weren’t properly managed, this could be considered negligence, too.

Finally, it’s important that your employer promotes a culture of safety. If they encourage employees to rush or overlook basic safety precautions, it can lead to accidents. This is why a lack of emphasis on safety can be seen as negligence that contributes to ladder falls and injuries in the workplace.

Minor and Severe Types of Injuries from Falling Off a Ladder

Common injuries from ladder falls include:

• Fractures: Breaks in bones, such as the arms, legs, hips, and spine are common after falling off a ladder.
• Sprains and Strains: Injuries to ligaments, tendons, and muscles due to the force of the impact from falling off a ladder are possible.
• Head Injuries: Traumatic brain injuries (TBI), concussions, and skull fractures are possible outcomes of falling off a ladder.
• Back and Spinal Injuries: Herniated discs, spinal fractures, and, in severe cases, paralysis, can result from a ladder fall accident.
• Internal Injuries: Internal bleeding, organ damage, and other life-threatening conditions can occur after falling off a ladder.
• Lacerations and Bruises: Cuts, scrapes, and bruises can result from the impact of the fall.

If you’ve fallen off a ladder, the severity of your injuries can depend on factors like the height of the fall, the surface you landed on, and your age and overall health. More serious injuries, including ones that involve internal damage, spinal trauma, or head injuries, can be life-altering or possibly even fatal.