Whether you are working on a construction site or just doing some home renovation, a fall from a ladder or roof could lead to severe injuries. You might have enormous medical bills, and your injuries might prevent you from returning to work. An attorney should help you take legal action to get fair compensation.
If you fell from a roof or ladder while working, perhaps on a construction site, you may file for Workers’ Compensation. It may be difficult to sue your employer, as Workers’ Comp laws prevent employees from suing their employers for work-related accidents. However, you may sue third parties, like the manufacturer of a faulty ladder or a property owner that loaned you a dangerous ladder. Our legal team will help you determine who is responsible and how to obtain financial compensation.
Ask our attorneys for roof and ladder falls for a free, confidential legal assessment by calling the Graves Injury Law Firm at (305) 614-2767.
Who Can You Sue for Injuries from Roof or Ladder Falls in Ft. Lauderdale?
Suing for injuries after falling from a roof or ladder is possible, but it might be difficult if you were working when the accident occurred. However, you are free to sue third parties, including, but not limited to, the following.
The Manufacturer
If you fell from a ladder, it might be because the ladder was defective. If it was manufactured incorrectly or damaged before it left the factory, our lawyers for roof and ladder falls can help you sue the manufacturer.
We need to prove that the ladder was either damaged or designed in a way that made it unsafe. Also, the ladder’s faulty condition should not be apparent to the person using it, and they must be using it for its intended purpose.
The Property Owner
If you fell from the top of a roof, the property owner might be responsible. If the roof was unstable or otherwise unsafe and there was a high risk of falling, property owners should have warned you. This sometimes happens when homeowners hire contractors to do roof work or home renovations that require climbing on the roof.
Unsafe conditions on the roof, like wood rot or some other condition that would leave the roof unstable, should be communicated to you before you start work.
The Ladder Owner
If a property owner or someone else you were working with loaned you a dangerous or broken ladder, they could be responsible for your accident. Just like dangerous property, a dangerous ladder is the owner’s responsibility.
Did Someone Push You?
In some cases, people do not fall from ladders or roofs. Instead, they are pushed. The push might be accidental, such as a coworker losing their footing and stumbling into the ladder while you are climbing up to the roof. In other cases, the push is very intentional.
You may sue for an intentional tort, but you should also report the incident to the police. There is a good chance that the person who pushed you will be arrested and charged with a crime.
Can You Sue Your Employer if You Fall from a Roof or Ladder at Work?
You may sue your employer after a fall from the roof or a ladder, but doing so can be difficult, as legal hurdles may be in the way.
Workers’ Compensation
If you were working when you fell, you may want to sue your employer. However, Florida law requires that employers carry Workers’ Compensation insurance to provide for injured employees.
Employers in the construction industry in Florida are required to have this insurance if they employ at least one person. Employers in non-construction industries must have Workers’ Compensation insurance if they hire employ at least 4 people.
Exclusive Legal Remedy
Florida law states that Workers’ Compensation is the exclusive remedy, and injured workers are not permitted to sue their employers for work-related accidents.
If you fall from a ladder or roof while doing your job, you likely cannot sue your employer, but an attorney can still help you file a Workers’ Compensation claim.
Special Exceptions
While Workers’ Comp is the exclusive legal remedy for injured workers, there are a few exceptions to this rule.
First, you may sue your employer after falling from a roof or ladder if they lack the Workers’ Compensation insurance necessary to provide benefits.
Second, you may sue your employer if you have evidence to show that the accident was not an accident but an intentional tort. If you believe your employer committed an intentional tort, we must prove they hurt you on purpose.
FAQs About Taking Legal Action for Roof or Ladder Falls in Ft. Lauderdale
How Can You Get Financial Compensation After Falling from a Roof or Ladder?
If you fall from a roof or ladder while working, you may file for Workers’ Compensation, but you are not permitted to sue your employer unless very special conditions are present. However, you are free to sue third parties outside the employer-employee relationship who you believe are responsible.
Can You Sue Your Employer if You Fell from a Ladder or Roof While Working?
Generally, no. In Florida, you are not permitted to sue your employer for work-related accidents. However, you may sue your employer if they lack the insurance required to pay for Workers’ Compensation or if they committed an intentional tort.
What Damages Are Available in a Lawsuit for Injuries from a Fall from a Roof or Ladder?
If you sue for damages, they may include economic damages for medical treatment, lost wages if you cannot work, and future damages if you continue paying for medical care and lost wages after the case is over.
Non-economic damages may include pain, distress, trauma, and even humiliation, as well as various other painful personal experiences. Because non-economic damages are not available through Workers’ Comp, it is often good to sue if you are able to, even if you already filed a Workers’ Comp claim.
Should You Hire a Lawyer After Falling from a Ladder or Roof?
Yes. Navigating Workers’ Compensation or a lawsuit will be challenging, and having a lawyer help will increase your odds of getting as much compensation as possible.
Contact Our Ft. Lauderdale Lawyers for Roof/Ladder Falls for Help
Ask our attorneys for roof and ladder falls for a free, confidential legal assessment by calling the Graves Injury Law Firm at (305) 614-2767.
