What to Do If You Fall From a Ladder at Work?
September 24, 2024
Ladder injuries are common in the workplace, especially in dangerous trades like construction. More than 22,000 workers were injured while using ladders each year in the United States, resulting in nearly 200 deaths, according to the U.S. Bureau of Labor Statistics (BLS). A staggering 65 percent of all ladder-related deaths involve portable ladders. Ladder injuries result in an estimated $24 billion in annual costs in the United States, including lost work, medical and legal expenses, and pain and suffering costs.
If you are able, you should take the following steps after a ladder accident at work:
- Notify your employer or supervisor about the accident as soon as possible. Your employer should file a formal report detailing the circumstances and any injuries.
- Seek medical attention to rule out life-threatening internal injuries and to document and treat any other injuries. Be sure to inform the doctor that your injuries are work-related so they can provide the proper documentation for Workers’ Compensation.
- Photograph the scene, including the ladder, injuries, surrounding area, visible hazards, and other contributing factors.
- Gather contact information and statements from any witnesses.
- Preserve the ladder in its post-accident condition as physical evidence for necessary prosecution of any claim and inspections by any experts or attorneys.
- Contact an experienced lawyer to review and properly file your forms and information so you can receive your benefits quickly.
How Do Ladder Accidents Occur at Work?
Ladder accidents and injuries are common in workplaces and include:
- Incorrect or improper type of ladder for the work
- Damaged or defective ladders
- Manufacturing defects in components of the ladder or improper material
- Improper ladder use or training
- Incorrect extension ladder setup or angles
- Insufficient ladder inspection or lack of maintenance
- Lack of ladder safety equipment
- Failure to secure a ladder
- Overloading the ladder
Injuries from ladder falls are often serious and include broken bones, neck and head injuries, spinal cord injuries, paralysis, traumatic brain injuries, skull fractures, organ damage, and death.
What Are the Ladder Safety Requirements?
Misuse or improper and unsafe placement can pose significant accident risks. The Occupational Safety and Health Administration (OSHA) ladder and ladder safety requirements include:
- Managers and supervisors must always ensure ladders are in proper working order.
- Damaged or flawed must be removed from service and labeled “Dangerous, Do Not Use.”
- Portable step ladders must be less than 20 feet, single ladders less than 30 feet, and extension ladders less than 60 feet.
- Step ladders must include a metal locking device to open the ladder.
- Ladders must be positioned on an appropriate, firm, and level surface or secured at the top, middle, and bottom.
- Access ladders must extend at least 3 feet beyond the roof.
- Ladder feet must have a lateral length equal to one-quarter of the ladder’s working span.
- Ladder base should be 4 feet from the structure when 16 or more feet above the ground.
- Ladder base should be at least 12 inches from the wall for every 4 feet of height.
- Workers must face the ladder and use both hands when ascending or descending.
- Ladders cannot be used in place of horizontal scaffolds or work platforms.
- Metal ladders must not be used near electrical parts and components.
How Does the Workers’ Compensation Claims Process Work?
Most Pennsylvania employers are required to carry Workers’ Compensation insurance that provides benefits to employees who suffer injuries or illnesses in work-related accidents.
The process for filing a Workers’ Compensation claim in Pennsylvania generally involves the following steps:
- Report the injury.
- Seek medical attention.
- File the claim.
Who Is Responsible for My Workplace Ladder Accident?
In some cases, a third party may be liable for your injury. This can occur if the ladder was defectively manufactured, improperly maintained, or negligently set up by another person or contractor. In such cases, you may have grounds to file a third-party claim against the responsible entity that caused or contributed to your accident while still receiving Workers’ Compensation benefits.
Workers’ Compensation generally covers medical expenses and lost wages, but a third-party claim provides additional compensation for pain and suffering, impairment or loss of quality of life, and other damages. It is essential for workers injured in ladder accidents to explore all avenues of compensation.
However, identifying potential parties who could be accountable for your accident and injuries can be challenging. Some potentially liable parties include:
- Employer: Employers are required to provide a safe work environment and ensure all equipment is in proper working condition to protect their employees.
- Property owner: If the accident occurs on a property not owned by the employer, the property owner may be liable if unsafe conditions not controlled by your employer contributed to the accident.
- Ladder manufacturer: If a defect in the ladder is ultimately responsible for the accident, the manufacturer can be held liable.
- Third-party contractors: If multiple contractors were operating on the same site, a third-party contractor may have some liability if their negligent actions led to the ladder accident, such as:
- Construction firm other than your employer.
- Ladder designer or distributor.
- Safety or maintenance personnel responsible for maintaining the ladder.
- Another worker.
- Owner of the ladder or rental company that rented the ladder
How Can Galfand Berger LLP Help Me After a Ladder Accident?
Galfand Berger LLP has helped injured workers obtain benefits for work-related injuries for over 75 years. Some recent cases include:
- $12 million recovery for a construction worker who fell from a third-floor apartment building, suffering paraplegic injuries after not being provided adequate fall protection.
- $2.25 million settlement for a maintenance worker who fell 25 feet from a crane, suffering multiple injuries, due to a design defect of lacking a proper crossover walkway to cross between service platforms.
- 75 million settlement for a self-employed handyman who rented a ladder that was not properly serviced before it was rented. The ladder’s latch did not prevent the rungs from sliding down as the worker descended the ladder
The Philadelphia Workers’ Compensation Lawyers at Galfand Berger LLP Help Injured Workers Obtain Their Benefits
If you have suffered an injury at work, call the experienced Philadelphia Workers’ Compensation lawyers at Galfand Berger LLP at 800-222-USWA (8792) or contact us online to schedule a free consultation. We are located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, and we serve clients in Pennsylvania and New Jersey, including Allentown and Harrisburg.