New Orleans Scaffold & Ladder Accident Lawyer
From an office worker replacing a fluorescent tube light to a construction worker operating a heavy nail gun, ladders are used in all types of occupations. Ladders are also a leading cause of workplace injury. Scaffolding can be even more hazardous given the height from which a worker is prone to falling. If you suffered a broken leg, concussion, spinal cord injury, or any other type of injury from a fall, our New Orleans scaffold & ladder accident lawyer at Lunsford Baskin & Priebe, PLLC can help you file a workers’ compensation claim and potential a personal injury claim to seek the damages you are owed.
Workers’ Compensation For Scaffolding and Ladder Accident Victims
For certain construction jobs, scaffolding is just part of the day-to-day routine. It can become so routine, in fact, that a worker forgets just how hazardous their job truly is. One small misstep can lead to disaster, even if the employee takes all precautions available to them. Fortunately, workers’ compensation is no-fault insurance for employees who get injured on the job, whether they suffered a scaffolding or ladder accident. Workers’ comp pays for medical expenses and partial wage replacement, as well as vocational training if the employee cannot return to their previous occupation.
But Can I Sue My Employer Also?
In somewhat rare instances—though they do happen from time to time—an employer can be held liable in a personal injury claim. A personal injury claim, which allows the plaintiff to seek compensation for other forms of damages, can be filed in addition to a workers’ compensation claim. However, there must be proof of recklessness or egregious behavior on behalf of the employer, which led to the plaintiff’s scaffolding or ladder accident. This burden of proof goes beyond simple carelessness; for a personal injury claim / lawsuit to prevail, you must be able to establish that your employer intended for the accident to occur, or that your employer knew or should have known that their reckless action was likely to result in an accident. An example of this would be violating scaffolding safety codes—safety measures are put in place to prevent accidents and injuries, and violating such codes could be deemed a reckless act. A personal injury claim allows an employee to seek the following damages:
- Full lost wages
- Lost earning ability
- Loss of joy of life
- Emotional distress
- Pain and suffering
- Medical expenses and ongoing medical costs
Third Party Liability
When it comes to filing a personal injury claim against a third party, such as a property owner, business owner, contractor, vendor, or manufacturer, an injured worker only has to prove liability. For example, if the ladder was defective and that defect caused the ladder to collapse, resulting in an injury, the ladder manufacturer could be held liable in a personal injury claim.
Call a New Orleans Scaffolding and Ladder Injury Lawyer
Workers’ compensation may not require you to prove fault, but it is still difficult to acquire. In order to receive the full benefits that you are owed, you need to work with an experienced New Orleans scaffolding and ladder injury lawyer. Do not hesitate to call Lunsford Baskin & Priebe, PLLC today at 601-488-3975 to schedule a free consultation.