Whether you are doing some home improvement projects or working on a construction job, you may find yourself atop high ladders or on the roof. Falls from these heights can be dangerous, and injuries may be painful and long-lasting. If this happens to you, get emergency help and call a lawyer as soon as possible.
If you are an employee on top of a roof or ladder as part of your job, you may file a Workers’ Compensation claim for your injuries. In Florida, this usually means that you cannot sue your employer for the accident unless certain conditions are present, which you should discuss with your lawyer. However, you may still sue third parties, like the manufacturer of a faulty ladder, the owner of the building, or the person who loaned you the ladder.
To receive a private legal review for free, call our lawyers for roof and ladder falls at the Graves Injury Law Firm at (305) 614-2767.
Who Can You Sue for Injuries from a Fall from a Roof or Ladder?
People are often unfairly blamed for falling off a ladder or from a roof. In reality, numerous people or entities may be responsible, and you might be able to sue them, depending on your situation.
Property Owners
If you fell from a roof, the owner of the house or building might be responsible if there were hazardous conditions on the roof that they neglected to tell you about or dangerous ground where your ladder was planted. For example, if the roof was especially weak in certain spots, and you fell through, the property owner may be sued for failing to warn you about the weak spots.
Owner of the Ladder
If you fell from a ladder, talk to our lawyers for roof and ladder falls about who owned it. If someone loaned you the ladder and it collapsed while you were on it, that person might be held responsible if they knew the ladder was dangerous but did not tell you.
Manufacturer
If the ladder was unsafe due to defects or poor design, the manufacturer may be held liable in a lawsuit.
Possible Damages for Roof or Ladder Injuries
Damages in roof and ladder accidents can be massive.
Medical Expenses
Your injuries may require costly medical care. Fractures, internal injuries, head injuries, and back injuries are common and often severe. Some injuries may lead to chronic pain conditions that require long-term care for as long as the condition persists.
Income and Wages
After a bad fall from a ladder or roof, you might be unable to return to work for a while. You may claim damages for the value of your lost income, including lost future income if you cannot work for a long time.
Physical Pain
Your injuries may come with intense physical pain. Injuries to your back, head, neck, and extremities may be excruciating and long-term. Dealing with this kind of pain, especially for a long time, can take an immense physical and mental toll, and it deserves compensation.
Mental and Emotional Distress
With serious injuries usually comes a lot of mental and emotional distress and anguish. You might endure intense pain, have to leave your job, and find yourself in inescapable medical debt, all because of a falling accident. While many of these experiences cannot be measured in dollars and cents, they should still be claimed as part of your damages.
What if You Were Working When You Fell from a Ladder or Roof?
If you were working when the fall happened, your legal options may be more limited, as Workers’ Compensation laws may prohibit you from suing your employer.
Requirements for Workers’ Compensation
In Florida, all construction contractors, subcontractors, and workers are considered employees. Workers in other fields (e.g., building maintenance) may need a case-by-case evaluation to determine whether they are “employees” eligible for Workers’ Comp.
An injury on a construction job may be eligible for Workers’ Compensation if it occurs within the scope and course of the injured person’s employment. The accident must be a “major contributing cause,” or at least 50% responsible for the resulting injuries.
Additionally, the worker’s injuries must be considered “disabling,” meaning they are unable to work for at least 7 days.
Lawsuits for Independent Contractors Who Are Not Employees
Workers who are legally considered independent contractors rather than employees are not covered by an employer’s Workers’ Compensation insurance because they technically do not have an employer. The person who hired them is a client, not an employer.
As such, they are not restricted from suing the person who hired them for damages after an accident.
Lawsuits Against Third Parties and Employers
According to Florida’s Workers’ Compensation laws, injured employees cannot sue their employers for work-related injuries, barring special conditions. However, there is no bar on suing third parties.
A third party may include anyone not within the employer-employee relationship and may include, but is not limited to:
- Manufacturers of defective tools
- Manufacturers of defective safety equipment
- Property owners
- Drivers (for cases involving car accidents)
- Trespassers on the construction site
FAQs About Legal Claims for Injuries from Roof or Ladder Falls in Hialeah
Who is Responsible for a Roof or Ladder Fall?
Who is responsible depends on various factors, such as who owned the property or the ladder you fell from. It might also depend on whether you were working when the fall happened or if the ladder was defective.
While injured workers often cannot sue their employers for work accidents, third parties like manufacturers and property owners are fair game.
What Happens if You Fall from a Roof or Ladder While Working in Hialeah?
If you are working in the course of your employment when the fall happens, you may be eligible for Workers’ Compensation through your employer’s insurance. Report your injuries to your employer within 30 days to begin your claim and contact an attorney for help.
Are Damages in a Case for a Fall from a Ladder or Roof Worth a Lot of Money?
Possibly. Injuries from falling accidents can be severe, and treatment may be incredibly expensive. On top of that, victims often incur various other expenses from being unable to work, and the pain may be nearly unbearable. As such, damages in these kinds of cases can be high.
What if You Cannot Work After Falling from a Roof or Ladder?
If you can no longer work due to your injuries, you should speak to an attorney about claiming lost income. This should include the income you lose as you recover and future lost income if your injuries are long-term or permanent.
Contact Our Hialeah Lawyers for Roof/Ladder Falls for Legal Support
To receive a private legal review for free, call our lawyers for roof and ladder falls at the Graves Injury Law Firm at (305) 614-2767.
