Climbing up a ladder or onto a roof might not seem that dangerous, but a fall from such a height could be disastrous. If you were injured in such a fall, you should seek immediate medical help and contact a lawyer. Your attorney can determine how to get you financial compensation for the accident.

Falling accidents are often the result of someone else’s negligent or wrongful actions. The ladder’s manufacturer may be held responsible for the fall if they produced the ladder defectively. If you fell from the roof due to unsafe conditions, the property owner might be held responsible. If you fell while on the job (e.g., a construction worker), you may file a Workers’ Compensation claim for damages in most cases.

Contact our lawyers for injuries from roof and ladder falls by calling the Graves Injury Law Firm at (305) 614-2767 and ask for a free legal evaluation.

Who Can You Sue for Injuries from Ladder and Roof Falls in Charleston, SC?

People often blame themselves for falling accidents, but your supposed clumsiness might not be to blame. If someone else is responsible, you may be able to sue them.

Product Manufacturers

If you fell from a ladder, the company that produced it may be held responsible if the ladder collapsed due to a defect or damage. Ladders might leave the production line incorrectly assembled or with serious design flaws that make them impossible to use safely. Others might be damaged before leaving the factory.

Property Owners

If you fall from a roof, the owner of the building might be responsible if you fall because of unsafe conditions on the roof that the owner failed to warn you about. For example, contractors are often hired to perform roof work. If the roof is unstable in certain areas or severely weakened due to wood rot or water damage, you might fall through.

In that case, the property owner might be held legally responsible for failing to warn you about known hazards or make reasonable inspections for unknown hazards.

Ladder Owner

If someone loans you a defective or dangerous ladder that they knew or should have known was dangerous to use, you may be able to sue them for your injuries.

Intentional Actors

People are sometimes pushed from ladders or roofs by coworkers, or even friends or family members. The push might be a joke to scare you, and maybe the other person did not expect you to really fall. However, your injuries are no joke, and the person who pushed you should be held responsible.

Can You Sue for a Roof or Ladder Fall if You Were Injured on the Job?

You may sue for damages after falling from a roof or ladder. However, if you were working when the accident happened, your right to sue may be restricted.

Workers’ Compensation

If you were working when you fell from a ladder or roof – perhaps you are a construction worker – you may file a Workers’ Compensation claim. This entitles you to medical expenses and partial lost wages, regardless of who was at fault.

Restrictions on Lawsuits

While Workers’ Compensation can be helpful, it also blocks your right to sue an employer for work-related accidents

However, you may sue your employer for the following reasons:

  • Your employer intentionally caused your injuries or was grossly negligent.
  • Your employer is required to carry Workers’ Compensation insurance, but fails to do so.
  • Your employer prevents you from filing a Workers’ Compensation claim.

Suing Third Parties

You are free to sue third parties you believe are responsible for the accident if they are not within the employer-employee relationship. For example, if your ladder collapsed under you, our lawyers for injuries from roof and ladder falls may sue the manufacturer for producing a defective ladder.

What to Do if You Employer Lacks Workers’ Compensation Insurance

You may sue an employer for work-related accidents if they do not carry the insurance needed to provide Workers’ Comp benefits. However, you would need to prove that they were responsible for the accident in order to hold them liable.

This would require evidence that they put a broken ladder back into use, failed to properly train or supervise you, understaffed the workplace so you had no one to hold your ladder, or otherwise made the work unsafe through negligence.

 

FAQs About Obtaining Compensation for Injuries from Falls from Ladders or Roofs in Charleston, SC

What Should You Do After Falling from a Roof or Ladder?

After falling from a ladder or roof, call for emergency medical help immediately. A bad fall can be devastating, even from a relatively short distance. After you get medical treatment, talk to a lawyer about your available legal options.

Can You Sue After Falling from a Ladder or Roof in Charleston, SC?

Possibly. You might sue the company that produced a defective ladder or the owner of the building where you fell. However, if you were working when you fell, you may file a Workers’ Compensation claim, but you may be prohibited from suing your employer for the work-related accident, barring special conditions.

What Damages Are Available in a Lawsuit for Injuries from Falling from a Ladder or Roof?

Damages may include, but should not be limited to, medical bills, lost income from missing work, pain, distress, and any negative effects on your quality of life.

Importantly, Workers’ Compensation does not cover pain and suffering. This means that if you were hurt, and you have grounds to file a Workers’ Comp claim with your employer and a lawsuit against a third party, filing both may be your best way to get full compensation.

Are You Required to File a Workers’ Compensation Claim After Falling from a Ladder or Roof?

You are not exactly required to file a Workers’ Compensation claim, but it may be your only available legal remedy. Under Workers’ Comp laws, injured employees may not sue their employers for work-related accidents, so Workers’ Comp may be the best or only option some workers have.

Speak to Our Charleston Lawyers for Injuries from Roof and Ladder Falls

Contact our lawyers for injuries from roof and ladder falls by calling the Graves Injury Law Firm at (305) 614-2767 and ask for a free legal evaluation.