Construction and repair job sites are among the most dangerous in the country. From uneven surfaces to the threat of falling objects or even a worker falling, construction sites are full of threats that workers in other careers seldom face in the course of their everyday tasks. Falling from a ladder can be one of the most terrifying types of work accidents. The terror of the fall, coupled with the fear of permanent injury the accident victim may experience while lying in the hospital bed afterward, can leave the unfortunate worker mentally as well as physically scarred for months or longer. If this happened to you or a loved one, you might have grounds to pursue compensation from the at-fault party or parties. A Missouri workers’ compensation attorney may be able to help you get the justice you deserve. Contact Steelman Gaunt Crowley today at (573) 341-8336 for a free consultation.
What Is the Most Common Ladder Accident?
The U.S. Occupational Health and Safety Administration (OSHA) lists falling from heights as the most frequent cause of fatal workplace accidents. OSHA notes that falling from ladders, specifically, make up about a third of these deaths each year and cites “user error” as the most common preventable reason for ladder work accidents. Some of the most common reasons for ladder falls are:
- Ladder placed at an incorrect extension angle
- Using the wrong ladder for the job
- Putting too much strain on the ladder
- Poorly maintained ladders and lack of ladder inspection
- Insufficient workplace training on safe ladder use
Each of these reasons is entirely preventable. The employer may be responsible for falls and subsequent injuries, but other parties could contribute to these deadly work accidents.
What Happens if I Fall Off a Ladder at Work?
While of course many workplace accidents, in construction as in other industries, are simply tragic events of happenstance for which no one is to blame, others are relatively predictable outcomes of the conditions present in the working environment –– conditions for which adequate safety protocols are designed to correct. Many construction site work accidents involving a ladder are avoidable with the proper safety gear, protocols for safe use of ladders and other equipment, and careful attention to the safety of others.
Costs of Care
A Missouri worker who falls off a ladder during the course of their job duties may be eligible for benefits under the Missouri Workers’ Compensation Law, administered by the Missouri Department of Labor. Workers’ Compensation is an employer insurance program intended to ensure injured workers can access quality medical care if they get hurt, and compensate for some of the costs of lost wages if they need time off to recover. This program pays for injury-related expenses such as medical bills, medications, surgery, and hospital stays.
Wage Replacement
According to the Missouri Department of Labor & Industrial Relations, the wage replacement benefit pays part of an injured employee’s wages if they have to miss more than three days of work due to their injuries. Employees who become disabled because of a workplace injury may also receive disability benefits.
Taking the Right Steps After a Workplace Ladder Accident
Back, neck, and spinal cord injuries are common after falling from heights. Call for emergency medical care if anyone at the work site falls from a ladder, as the fallen individual may have damage to these areas and not realize it. Prompt, trained medical care can help to prevent complications from the fall. Prioritizing health comes first, so the first step should always be to seek medical attention, even if you do not think you are badly hurt. Once their medical condition has been stabilized, individuals injured in ladder accidents can focus on their legal rights.
Informing the Employer
Injured employees must inform their employers of any workplace accidents. In general, it is a good idea to make the necessary report as soon as possible after the incident has occurred. The workplace may have additional, specific actions to take, including documenting the incident for a workers’ compensation claim.
Next steps may include filing a workers’ compensation claim with the Missouri Department of Labor’s Division of Workers’ Compensation, following the Process for Injured Workers. Completing the claim properly is important, as any inaccuracies or omissions can delay the receipt of benefits.
Speaking With a Workers’ Compensation Lawyer
Finally, Missouri employees injured in work accidents may wish to speak with an attorney to get help evaluating their claims. The workplace accident attorneys at Steelman Gaunt Crowley may be able to help injured workers navigate the workers’ compensation system and advise them of any other legal options.
Legal Options After an Improper Ladder Use Accident
Employees who are injured in work accidents generally have the right to file workers’ compensation claims. In most cases, as long as you were employed at the time of the accident and were performing your job duties when the accident happened, then the employer’s workers’ comp insurance policy should cover the costs associated with the injury and treatment. Unlike medical insurance, there is no waiting period to be covered by this policy. Even workers on their first day can be eligible for workers’ comp.
There are a few exclusions. If the injured individual was not following safety protocols, or was engaging in “horseplay” at the time of the accident, then their employer, or the employer’s insurer, may deny the claim. Similarly, if the injured individual was under the influence of drugs or alcohol at the time of the accident, then the workers’ compensation insurance provider may be able to deny the claim.
Third-Party Work Accidents Claims – What Are They?
In some cases, individuals who sustain injuries in work-related accidents may be able to file a third-party lawsuit against a non-employer party that caused the accident. Third-party workplace accident suits are filed against a third party that caused or contributed to the accident. If a third party – not the employer – provides ladders to the job site, and the ladders are defective or have not been maintained properly, then one of the ladders may break, and an employee may fall, sustaining injuries.
The injured employee can file for workers’ compensation benefits because they got hurt at work. They may also be able to file a suit against the party that supplied the ladders. This is a third-party lawsuit, a type of personal injury claim. This type of claim differs from workers’ compensation in a number of ways. One of the most important is how compensation is assessed. Employees filing a personal injury lawsuit against a third party can demand compensation for their actual losses and intangible losses, such as pain and suffering and diminished quality of life.
What Kind of Compensation Can I Get in a Workplace Ladder Accident?
There are a few types of benefits employees may receive as part of their workers’ compensation. Depending on the circumstances, injured employees may receive benefits such as:
- All related medical treatment, surgery, and a hospital stay
- Rehabilitative care, like physical therapy
- Vocational retraining, if you can no longer work in your previous capacity
- Disability benefits
- Partial wage replacement
If the case is affected by a third party and the injured employee files a third-party lawsuit, they may seek monetary compensation for:
- Losses like property damage
- Medical care
- Modifications to your home or vehicle if you are now disabled
- Pain and suffering
- Emotional trauma
- Diminished quality of life
Have You Suffered a Workplace Ladder Injury?
Navigating the complex Missouri workers’ compensation system and determining whether you are also eligible to file a personal injury lawsuit can be overwhelming undertakings for many people. Fortunately, Missouri residents do not have to make these decisions alone. An experienced work accidents lawyer from Steelman Gaunt Crowley may be able to explain your rights and options, then help you build your case to get the benefits and compensation for which you are eligible. We offer a free case review, so call (573) 341-8336 to schedule your personalized consultation today.
