If involved in a ladder accident, you need an experienced lawyer. Construction workers fall from all kinds of ladders, including step ladders, extension ladders with rubber feet, extension ladders with metal feet, rolling safety ladders, folding ladders, and platform steps. Each type of ladder has proper and improper uses. Often, however, construction workers are not provided with proper safety equipment. This happened when a thirty-year-old electrician’s helper sustained severe bodily injuries while working on a major renovation project.
A Ladder Accident
The electrician hired a lawyer to help him after his ladder accident. While working, the electrician worked atop an unsecured A-frame ladder when the ladder toppled. This caused the worker to fall sixteen feet down. The worker suffered injuries to his knee and lower back. A co-worker witnessed the accident. The injured worker continued working after the incident, completed the day, and went to the hospital the following day, telling the hospital that he fell from subway stairs. The worker was reluctant to report the incident to his employer because he was afraid he would be fired if he complained about the safety of the job site. In the meantime, his pain did not subside, and his injuries required extensive treatment and physical therapy. He was unable to return to work and filed a Workers’ Compensation claim with his employer’s insurance.
Workers’ compensation insurance provides monetary and medical benefits for workers injured while working, as was the case in this ladder accident. Employers pay for this insurance and cannot require the employee to contribute to its cost. The Workers’ Compensation Board directs the employer’s insurance carrier to pay the benefits. These benefits include both weekly monetary benefits (lost wages) and medical benefits. In a workers’ compensation case, no one party is determined to be at fault. The amount that claimant receives is not decreased by their carelessness, nor is it increased by an employer’s fault.
The Lawyer Files Suit
Because of this ladder accident, the injured worker’s lawyer filed a lawsuit against the owner of the building and general contractor. He asserted violations of the scaffold law. Generally, the scaffold law protects construction workers from gravity-related risks including falls from a height and accidents involving falling objects. Liability under this section is statutory. Construction site owners and general contractors are strictly liable for violations of the scaffold law. The court cannot consider the plaintiff’s comparative fault. This makes the scaffold law very plaintiff-friendly.
The ladder accident lawyer argued that defendants failed to furnish him with a stable, secure ladder and other proper safety devices. The defendants’ lawyer denied liability and claimed that the ladder accident never happened.
Injuries from the Ladder Accident
The plaintiff claimed that because of this ladder accident, he suffered a partial anterior cruciate ligament tear of his knee and underwent an initial reconstructive surgery that included the placement of a graft. The ladder accident lawyer produced evidence that demonstrated that the graft failed. The plaintiff needed a second surgery. He argued that although the second graft was successful, he will permanently suffer pain and some difficulties ambulating. The plaintiff also claimed that he suffered a lumbar herniation that was confirmed by MRI which required him to undergo fusion surgery. The plaintiff proffered that despite the surgery, he will suffer permanent symptoms and as an active person who regularly participated in sports, his life has been changed in innumerable ways. He sought damages for past and future medical costs and pain and suffering.
Finally, this case settled prior to trial for $3,000,000.00. If you suffer a ladder accident, call an experienced personal injury lawyer at The Platta Law Firm today.