Falling off a ladder can lead to serious injuries.  Even if you do not fall a long way, catching your leg or arm in the ladder on the way down could cause dislocations, breaks, or other injuries.

Getting compensation for your injury often requires filing a Workers’ Comp claim.  Most construction workers are covered under Workers’ Comp when working on a construction site, and our lawyers can help them get the compensation they need even when their employer rejects their claim or refuses to pay.

For your free case review, call the lawyers for ladder falls on construction sites at Graves Injury Law Firm today at (305) 614-2767.

What Do I Need for a Workers’ Comp Claim?

Workers’ Comp claims have a few requirements, many of which will be met in ladder fall cases on construction sites.

Employee Status

Workers across Florida are typically only covered under Workers’ Compensation if they are “employees.”  This means that their work is controlled by their employer, rather than being an independent contractor who can control their own work.

However, construction workers of all kinds are specifically included in the definition of employer.  This means that any injuries to construction workers should be covered if they meet the other requirements.

Work-Related Injury

An injury suffered while climbing a ladder as part of your job should be covered because it is “work-related.”  This requirement means that injuries are only covered if they happen within the course and the scope of your work.

Accidental Injury

Ladder accidents should be covered as accidental, and you do not need to prove anyone was at fault to be covered under Workers’ Comp.  This means that you do not need to show that your employer messed up, that the ladder was defective, that someone failed to hold it steady for you, etc.

You can even file for Workers’ Comp if you caused your own accident by using a ladder unsafely or inappropriately, as long as it was, in fact, an accident (i.e., you did not injure yourself on purpose).

Notice

You have to notify your employer of your injury within 30 days to remain eligible for a Workers’ Comp claim.  Missing this deadline can jeopardize your case, so report your injury as soon as you can.

How to File Your Workers’ Comp Claim

If you were injured at work, then you start your claim by filing notice of your injury with your employer within 30 days.  From there, they talk to their insurance carrier and decide whether to grant your benefits or not.

If there is trouble getting the claim accepted, our attorneys for ladder fall injuries can negotiate with the employer/insurance carrier and try to convince them to settle the case.  If they refuse, we can file a Petition for Benefits as part of a formal claim, which will force them to address the claim before a judge.

Can You Sue for a Ladder Accident on a Construction Site?

Workers’ Comp does not require you to prove fault, and you can sue even if yourself, your boss (whom you cannot usually sue for a work-related injury), or a coworker caused the accident.  However, if a third party caused the accident, then you may be able to sue them.

Ladder Defects

If the manufacturer was responsible for some type of product defect that caused the ladder to be unsafe, you may have a case against the manufacturer.  This could include anything from a flaw in the materials making the ladder too weak, substituted inferior materials, or missing screws/bolts/weld points.

Knocked Over Ladders

If someone negligently knocks over a ladder, you could be entitled to sue them.  This could include something like a passerby hitting your ladder while flinging open a door or a driver crashing into you while you work on a roadside or sidewalk.

Borrowed Ladders

Sometimes contractors and construction workers borrow a ladder from another contractor or from a property owner.  If you do this, and there is a problem with the ladder that made it unsafe, the ladder’s owner might be on the hook for damages.

You would generally need to prove that they knew or should have known that the ladder was unsafe when they let you use it.

FAQs for Construction Site Accidents Involving Ladders

What Injuries Are Covered?

Falls from ladders can cause all kinds of injuries from the impact of the fall:

  • Broken bones
  • Facial injuries
  • Head trauma
  • Traumatic brain injuries
  • Sprains, strains, and other soft tissue injuries
  • Internal damage.

If you catch on something on the way down, like a rung of the ladder, it can also cause broken bones, dislocations, tears, and more.  Any of these injuries should be covered.

What Benefits Do I Get?

When you file a Workers’ Comp claim, you typically get two major areas of benefits:

  • Medical benefits to cover all of the costs of treating your injury, plus things like prosthetics and home modifications (if needed).
  • Wage-loss benefits based on your average pre-injury wages.

There is no pain and suffering paid in Workers’ Comp.

Are Construction Contractors Covered?

Despite the fact that many construction workers go by the title of “contractor,” they are still considered “employees” under Florida’s Workers’ Comp system, not “independent contractors.”  The definition in the statute explicitly includes construction workers.

What Causes of Ladder Accidents Are Covered?

Ladder accidents can happen for all sorts of reasons, but Workers’ Comp covers them all, such as

  • Simply falling because you lost your balance
  • Setting up on an uneven surface
  • Climbing without a partner to hold the ladder
  • A partner not holding the ladder securely
  • Using the wrong type or length of ladder
  • Improperly seating the ladder
  • Ladder defects.

Call Our Miami Workers’ Compensation Lawyers for Ladder Accidents on Construction Sites Today

For your free case evaluation, call the attorneys for ladder fall injuries on a construction site at Graves Injury Law Firm at (305) 614-2767.