Filing a Compensation Claim After a Fall from Ladders or Scaffolding on a Construction Site: What Injured Workers Need to Know

Falls from ladders and scaffolding are among the most common causes of injuries on construction sites. Whether the fall is from a poorly secured ladder or defective scaffolding, these accidents can result in serious injuries that may prevent you from working and leave you with mounting medical bills. Understanding your rights and how to file a personal injury claim is essential if you’ve been injured on a construction site. 

This blog will explain the steps to take and how a construction accident lawyer can help you secure compensation.

Common Causes of Ladder and Scaffolding Falls

Ladders and scaffolding are essential tools on construction sites, but they can also be hazardous if not properly maintained or used. Several factors can contribute to falls from ladders and scaffolding:

1. Improper Setup

A common cause of falls is improperly secured ladders or scaffolding. If they are not placed on stable ground or secured at the correct angles, workers are at risk of falling.

2. Defective Equipment

Ladders or scaffolding that are poorly manufactured or improperly maintained can easily collapse. This could be due to broken rungs, damaged planks, or loose joints.

3. Inadequate Safety Measures

Construction site managers are responsible for ensuring that workers use proper safety gear, such as harnesses or guardrails, while on ladders or scaffolding. Failure to enforce safety protocols increases the likelihood of accidents.

4. Overloading

Ladders and scaffolding are designed to support a specific weight limit. Overloading the equipment with too much weight, whether from workers, tools, or materials, can cause it to become unstable and collapse.

5. Weather Conditions

Outdoor construction work can be particularly hazardous in inclement weather. Wet or icy surfaces make ladders and scaffolding slippery, increasing the chances of a fall.

Types of Injuries from Falls

Falling from heights can lead to devastating injuries that often require long recovery periods. Here are some common injuries resulting from ladder or scaffolding accidents:

1. Traumatic Brain Injuries (TBI)

A fall from a height can cause significant head trauma, leading to concussions or more severe brain injuries. TBIs can result in memory loss, cognitive issues, and long-term disabilities.

2. Spinal Cord Injuries

Falls can damage the spine, potentially leading to paralysis, nerve damage, or chronic pain. Recovery from these injuries can take months or even years, with some workers never fully regaining their mobility.

3. Broken Bones

Fractures in the arms, legs, ribs, or pelvis are common in falls. Depending on the severity, these injuries may require surgery and extensive rehabilitation.

4. Internal Injuries

Blunt force trauma from falling can cause internal bleeding or organ damage. These injuries are not always immediately apparent but can be life-threatening if left untreated.

5. Cuts and Lacerations

Sharp objects, such as metal edges or construction debris, can cause deep cuts during a fall. These wounds may require stitches and could lead to infections or scarring.

Steps to Take After a Fall on a Construction Site

If you’ve been injured in a fall from a ladder or scaffolding, taking the following steps can protect your health and your ability to file a personal injury claim:

1. Get Medical Attention Immediately

Your health must come first after an accident, even if you don’t feel immediate pain. Serious injuries like fractured bones, torn ligaments, or herniated discs might not show obvious signs right away but can worsen without treatment. Internal injuries, such as organ damage or head trauma, may also develop over time without visible symptoms. 

Immediate medical care can detect these hidden injuries, ensuring you receive appropriate treatment. Additionally, having a medical record is crucial for building a strong compensation claim later.

2. Report the Accident

Notify your employer or site supervisor about the accident. This is crucial for documenting the incident and starting the workers’ compensation process. Make sure to keep a copy of the report for your records.

3. Document the Scene

If possible, take photos of the scene, including the ladder or scaffolding involved, any visible hazards, and your injuries. This evidence can be useful when filing a claim for compensation.

4. Gather Witness Information

If any coworkers or other individuals witnessed the accident, obtain their contact information. Their statements may help support your case.

5. Contact a Construction Accident Lawyer

Working with a construction accident lawyer can ensure that you receive the full compensation you’re entitled to. They will guide you through the legal process, gather additional evidence, and negotiate with insurance companies on your behalf.

Filing a Personal Injury Claim After a Construction Site Fall

In many cases, workers’ compensation may cover medical expenses and a portion of lost wages. However, in some situations, you may also be able to file a personal injury claim to recover additional compensation for pain and suffering, loss of future earning capacity, or other damages. Here’s what you need to know about filing a claim:

1. Workers’ Compensation vs. Personal Injury Claim

If your accident was caused by unsafe working conditions or defective equipment, you may have grounds for a personal injury claim in addition to workers’ compensation. Workers’ compensation provides no-fault coverage, meaning you do not need to prove that someone else was responsible for the accident. However, it does not cover pain and suffering or provide compensation beyond medical bills and lost wages.

A personal injury claim allows you to seek compensation for non-economic damages, such as pain and suffering or emotional distress. You can also file a claim against third parties, such as equipment manufacturers or contractors, if their negligence contributed to your accident.

2. Proving Negligence

To file a successful personal injury claim, you must prove that another party’s negligence directly caused your accident. This might involve demonstrating that your employer failed to provide adequate safety training or that the scaffolding was defective. A construction accident lawyer can help you gather the necessary evidence to build a strong case.

3. Statute of Limitations

In New Jersey, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. It’s important to act quickly to ensure your claim is filed within this timeframe.

4. Compensation You May Receive

If your personal injury claim is successful, you may be entitled to compensation for:

• Medical expenses, including future medical care
• Lost wages and loss of future earning potential
• Pain and suffering
• Rehabilitation and therapy costs
• Loss of enjoyment of life

How a Construction Accident Lawyer Can Help if You’ve Been Injured in a Fall 

Navigating the legal complexities of a personal injury claim after a fall can be overwhelming. A construction accident lawyer can provide valuable assistance by:

1. Investigating the Accident

Your lawyer will investigate the details of the accident, gather evidence, and determine whether safety violations, defective equipment, or negligence played a role in the fall.

2. Negotiating with Insurance Companies

Insurance companies often try to minimize their payouts. A lawyer will negotiate on your behalf, ensuring that you receive fair compensation for your injuries.

3. Handling Legal Deadlines

Meeting legal deadlines is crucial for filing a claim. Your lawyer will ensure that all necessary paperwork is completed correctly and submitted on time.

4. Representing You in Court

If your case goes to court, a construction accident lawyer will represent you, presenting your case effectively and fighting for the compensation you deserve.

Contact the Personal Injury Lawyers at DiTomaso Law for Help After a Construction Site Accident in New Jersey

If you’ve been injured in a fall from a ladder or scaffolding on a New Jersey construction site, you need experienced legal representation to protect your rights. The attorneys at DiTomaso Law are here to help you navigate the claims process and secure the compensation you deserve.

Call 856-414-0010 or fill out our online contact form to schedule a consultation. Let us fight for you and get the justice you deserve after a construction accident.