Whether an employee on a construction site, a roofer at a home or building, or a homeowner changing a light bulb, you may find yourself on a ladder. If you fall from the ladder, you may be eligible to recover compensation for your injuries.
Did you suffer an injury in a fall from a ladder? Call a ladder fall accident lawyer in Florida at the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation.
Recovering Workers’ Compensation Benefits for a Fall From a Ladder
Florida law requires most employers to carry workers’ compensation insurance on their employees. If you fall from a ladder while on the job, you can recover workers’ compensation benefits.
Types of Falls From Ladders at Work
The use of ladders on the job is not limited to construction workers and roofers. Here are a few examples:
- A store employee uses a ladder to stack merchandise.
- A hotel employee uses a ladder to hang pictures or banners.
- A small business employee uses a ladder to change light bulbs.
- An employee uses a ladder when storing or retrieving inventory or supplies.
Advantages and Disadvantages of Receiving Workers’ Compensation Benefits
The advantages of workers’ compensation benefits include the following:
- You do not have to show fault on the part of the employer. If you were within the scope of your employment when you fell from a ladder, you get workers’ compensation benefits.
- Generally, your employer cannot claim your conduct caused the injury. Even if you fall from the ladder because you missed a step or did not anchor the ladder, you can recover workers’ compensation benefits.
- You get your medical expenses paid.
- Your benefits start quickly. If you cannot work for more than seven days because of your accident, you can start getting temporary disability benefits.
The disadvantages of workers’ compensation benefits include the following:
- Florida law limits your benefits to a portion of your wages. You get two-thirds of your average weekly wage up to the state’s maximum.
- The amount and length of your permanent disability benefits are set by Florida law and depend on the permanent impairment rating assigned by your doctor.
- You cannot get compensation for your pain and suffering.
- You cannot choose your own doctor.
Other Options That May Be Available in a Ladder Fall Accident at Work
If a defective ladder caused your fall, our attorneys can file a product liability lawsuit against the manufacturer or seller of the product. In this case, your employer gets reimbursed for the workers’ compensation benefits it paid you.
In Florida, if our workers’ compensation attorneys can prove your employer intentionally harmed you, you can file a personal injury lawsuit against the employer. For example, your employer may have known a ladder you were using was broken.
If you suffered an injury on a ladder at work, call a ladder fall accident lawyer at the Law Offices of Anidjar & Levine. Our lawyers will make sure you get your workers’ compensation benefits and investigate whether you can file a product liability or personal injury suit.
Filing a Product Liability Lawsuit to Recover for Injuries in a Ladder Fall Accident
If you fall at home on a ladder, you may get compensation from the manufacturer or the seller if the ladder was defective. What are examples of defects?
- The ladder was defectively constructed.
- The ladder was defectively designed.
- The ladder did not meet industry standards.
- The ladder had inadequate warnings.
- The ladder had inadequate instructions regarding its use.
What defenses are available in a product liability lawsuit?
- A manufacturer or seller of the product can claim you misused the product. For example, the ladder was not secure to the ground or floor.
- Florida allows you four years from the date of your injury to file a product liability suit.
- In Florida, you may not file a product liability suit more than 12 years after the delivery of the ladder to the first purchaser.
If you suffered an injury while using a ladder, contact a ladder fall accident lawyer at the Law Offices of Anidjar & Levine. Our attorneys will investigate your accident and determine who may be liable. We can determine if there have been similar accidents involving the same model and brand of the ladder that caused your fall. We will have an expert examine the ladder to determine if it was defective.
Recovering Compensation for Injuries in a Ladder Fall Accident
Injuries that you can suffer in a ladder fall accident include the following:
- Broken bones, such as your leg or ankle
- Head injuries, such as a traumatic brain injury
- Back injuries
- Internal injuries
Compensation that you can recover for your injuries in a product liability lawsuit or a personal injury lawsuit includes the following:
- Medical expenses, including the costs of medication and rehabilitation
- Lost wages
- Lost earning capacity, which is the difference in what you earned before the ladder fall accident and the amount, if any, you can earn after the accident
- Pain and suffering
- Mental anguish
Our attorneys will talk to your doctors and consult with medical experts to determine the extent of your injuries. If you cannot return to work after your accident, we will discuss with a vocational expert the jobs you can perform after the accident. We will consult a financial expert to set a value for your lost earning capacity. We will talk to you and your caretakers about the severity of your pain and suffering.