Before we look at typical ladder-related workplace mishaps, it’s important to remember that all companies have a responsibility to safeguard their employees’ safety.
Employer’s Responsibilities To Ladder Users
When you incur an accident at work as a result of falling off a ladder and want to file a claim for compensation, you should first assess whether your employer (or another third party) was irresponsible in any manner. When it comes to an employer’s duty of care to employees who use ladders, it extends beyond fundamental safety precautions and can cover a variety of difficulties, such as:
- Ascertaining that the equipment is suitable for the task at hand.
- Upkeep of equipment to the greatest possible standard.
- Employees that use ladders should receive initial and continuous training.
- Workplace risk evaluations and risk assessments for specific jobs
- Individual tasks should be carried out by appropriately experienced employees.
- Regularly creating and revising health and safety guidelines.
You should not hesitate in taking help from a scaffolding accident lawyer. Employees may have disobeyed ladder safety requirements on occasion, yet they may still have a cause for partial culpability against their company. So, what should you do if you fell from a ladder at work and believe a third party was responsible?
Proving That Your Fall Was Caused By Negligence
Before you begin the work of demonstrating negligence for your ladder fall, think about the following questions and see if they apply to your scenario. If you can affirmatively answer “yes” to all three questions, you may have a good case for compensation.
- Was it a third-fault party’s that you fell off the ladder at work?
- Are you able to show that a person or company’s negligence caused your accident?
- Is it possible that the accident occurred during the last three years?
There is a common assumption that if a claimant is unable to apportion shared negligence/liability, their ladder injury claim will be difficult to pursue.
Even though the occurrence where you went from a ladder appears to be the fault of the injured party, there may be grounds for a compensation claim due to factors of negligence and possibly lack of training on the side of the employer. It’s a good idea to seek guidance from experienced work accident lawyers who have encountered a lot of similar cases before and can provide you sound advice.
What Should You Do If You Fall Off A Work Ladder?
If you recently fell off a ladder at work, the first thing you should do is get medical attention. Unfortunately, because many ladder-related falls result in brain injuries like concussion, non-medical people may not notice the symptoms right away. Ignoring such injuries in the early stages can lead to more significant medical problems later on.
Obtaining Proof to Back Up Your Ladder Injury Claim
There are other potential routes to obtain evidence to support your ladder injury compensation claim besides facts documented in your medical records. In an ideal scenario, photographs of the accident, the work area, the ladder and other equipment utilised, as well as any injuries sustained, would be helpful in proving your case. If possible, a kind bystander or coworker can aid in capturing images and documenting witness contact information and remarks. However, while further supporting information will undoubtedly be beneficial in obtaining compensation for a ladder fall, medical assistance must always come first.
The Health and Safety Executive is likely to become involved in the event of a significant workplace injury. They may even file their own lawsuits against companies. While any legal action taken by the Health and Safety Executive is unrelated to a victims compensation claim; a successful prosecution against an employer might bolster a ladder injury compensation claim if the matter went to court.
Compensation for Falling Down a Ladder
Claimants only realise there are two forms of compensation to consider when they seek legal counsel from New York City ladder accident lawyer. The first is known as general damages, and it refers to monetary recompense for:
- As a result of the injury/injuries, you are in pain and suffering.
- Injuries that change your life.
- Mental anguish was experienced.
There are generally compensation recommendations for various sorts of ladder-related injuries. The courts and insurance companies, on the other hand, frequently turn to these guidelines because they represent previous compensation awards.
While general damages allow for some variation across courts and third parties seeking out-of-court settlements; special damages are exclusively pecuniary restitution. Special damages cover past and future financial obligations, such as:
- Earnings loss as a result of the decline.
- Earnings loss in the future
- Expenses incurred as a result of the injury.
- Medical costs in the future.
- Costs of additional transportation.
- Adaptations to your home that were necessary.
This list is by no means exhaustive; but it serves as an illustration of the various sorts of financial remedy that may be possible.
Please call our work accident solicitors today for an assessment of what compensation you might be entitled to if you fell off a ladder due to negligence.