Call for a FREE Consultation: (916) 288-9193Hablamos Espanol • Мы говорим по-русски
Call for a FREE Consultation: (916) 288-9193 Hablamos Espanol • Мы говорим по-русски

Call for a FREE Consultation: (916) 288-9193
Hablamos Espanol • Мы говорим по-русски

Ladder Injury, Can You Sue Your Employer?

Our Sacramento workers’ compensation and construction site attorneys are regularly asked if an employee can sue an employer for falling from a ladder at work. Some individuals may feel unsure when inquiring about filing a lawsuit against their employer for their injury after falling from a ladder. We expect to clear up those feelings of uncertainty here, along with providing some additional information.

A ladder injury can happen from a variety of causes, but mainly these reasons are: 

  • Someone involved with handling the ladder acted with negligence to the safety of those that sustained the injury. 
  • The ladder was defective or is missing a significant safety feature
  • The ladder was damaged, or the ladder was in an unsafe condition

Can You Sue Your Employer if You’re Hurt After Falling Off a Ladder at Work? 

Ladder Injury, Can You Sue Your EmployerThe short answer is: kind-of. Under the Workers Compensation Exclusivity Doctrine, an employee cannot generally file a personal injury lawsuit against their employer absent one of the exceptions to the general rule. However, an individual can file a workers’ compensation claim for injuries and/or death against their employer for their injury after falling off a ladder while at work. They may also be able to file a petition for extra penalties against their employer if the actions of their employer were Serious & Willful.  

However, there are other parties involved that you may consider filing a personal injury lawsuit against.  

These include: 

  • The ladder manufacturer 
  • The construction company
  • The store that sold you the ladder
  • The property owner where the incident occurred
  • Anyone that caused the accident

Negligence

While you do not have to prove negligence in a workers compensation claim, in a case outside of workers’ compensation, a plaintiff must generally prove that the following elements were present to have a negligence case in a negligence lawsuit.

  • The defendant is responsible for owing the plaintiff a duty of care.
  • The defendant breached that duty.
  • The breach caused the plaintiff’s injuries
  • As a result of that breach in duty of care, the plaintiff suffered damages

Ladder Defects 

Defective ladders pose a significant safety threat to those who rely on safety features to help protect them from injury. If a ladder defect causes someone to suffer damages, the victim may file a personal injury suit for the defective product. Product liability claims are usually filed under the following circumstances. 

  • Manufacturing defects
  • Design defects 
  • Warning defects 

Premise Liability Law

For construction workers, conditions of the property or land that the work is being performed on can significantly affect the level of safety of those involved. Suppose a property owner does not ensure that a ladder or another form of equipment on their property is in a safe and operable condition. In that case, they could potentially be sued for damages if anyone is injured using that ladder or equipment. Under premise liability laws, property owners have a responsibility to keep their property in safe conditions for visitors or warn visitors of potential hazards on their property. Allowing visitors to use unsafe equipment on their property may violate the property owner’s duty of care.  

What Damages Can I Recover in a Personal Injury Claim After Suffering an Injury From a Ladder Fall? 

In addition to the standard benefits under a workers compensation claim, in a personal injury suit, the damages you can recover from an injury sustained while on the job are:

  • Lost earnings
  • Lost earning capacity, 
  • Medical bills, 
  • Future medical expenses, 
  • Permanent impairment, 
  • Pain and suffering, 

Additionally, some ladder accidents may be fatal. If an individual dies from a ladder accident, there may also be a wrongful death suit filed by the surviving family members of the deceased. 

At Sacramento Workers’ Compensation Attorneys P.C., our construction site accident attorneys and workers compensation attorneys are frequently asked if an injured employee can sue their employer after suffering an injury while on the job. Including ladder accidents and other forms of damage that workers can suffer while operating within the scope of their work. Our workers’ compensation attorneys have a track record of success in handling workers’ compensation and construction accident claims. If you’ve suffered an injury while on the job and have doubts about your legal remedies for your situation, you should speak with our team of experts to get the advice you need. To take advantage of your FREE no-obligation consultation, give us a call at (916) 288-9193 or visit our website at sacramentoworkerscompensationattorney.com to chat directly with one of our attorneys.