Ladder Injury at Work Claims: Introduction
Making ladder injury at work claims can sometimes not be as straightforward to compile as a potential plaintiff may think, as they have the potential to include issues involving your health, an employer or other responsible figure’s negligence, the relationship you have with your work colleagues and your long term financial security. Given that a claim for workplace ladder injury should encompass many elements, to overlook any aspect of your claim could lead to an inadequate final settlement.
Because of this, you would always be well advised to consult with a solicitor whenever you have suffered an injury due to a ladder accident at work for which you were not at fault. Each claim for ladder injury compensation is unique and while the following article gives an overview of the procedures for making a claim for ladder accident compensation, and the amount of compensation you may receive, it is no substitute for an individual evaluation of your claim by an experienced personal injury solicitor.
Entitlement to Claim for a Workplace Ladder Injury
Whether someone is entitled to make ladder injury at work claims will be influenced by the diagnosis of their injury and its record in their medical history and that an employer or authority figure was responsible for the injury that was sustained – either directly or indirectly. Listed below are some examples of when an employer’s negligence can be deemed responsible for ladder injuries at work:
- Un-footed Ladder Accidents
- Ladders not Footed Properly
- Ladders not Lashed Properly
- Ladders not Secured Properly
- Accidents from Broken Ladders
- Step Ladder Accidents
If an employer breaches his or her duty or care to make working at a height as safe as possible or fails to adhere to the regulations and guidelines for employee safety, you will be entitled to claim for workplace injury compensation if the accident in which you suffered your injury was not entirely your fault.
The Importance of Making Your Health a Priority
Not seeing a professional medical practitioner for a medical examination immediately after your accident with a ladder will not only be potentially harmful to your health but any delay in seeking medical attention may also damage any ladder injury at work claims. It is impossible to claim for workplace ladder injuries unless evidence of an injury has been recorded in your medical history. If medical attention has been delayed without a good reason, you could be accused of exacerbating your injury through your own lack of care – or that your injury was not even sustained at work.
Most cases of ladder injuries at work would see an ambulance being summoned, or at least a work colleague taking you to the Accident and Emergency department of the nearest hospital or to your GP’s surgery. It should be noted that receiving first aid at the scene is not a good enough reason to make any sort of workplace injury claim, and as mentioned above, there are meaningful objectives in being treated by a medical practitioner at the first possible opportunity.
Procedures of Making Ladder Injury at Work Claims
There are numerous procedures you should carry out in order to support your ladder injury at work claim. If your injuries permit, the first procedure that should be followed – after you have had a professional medical examination – is to make a report of the accident in your employer’s “Accident Report Book”. This report will allow you to relate your description of the circumstances surrounding the work ladder accident and how it could have been prevented.
If possible, photographs should be taken at the scene of the accident and a list gathered of potential witnesses who are willing to give evidence if required.
It would be in your best interests to engage a solicitor at this early stage of your claim for a workplace ladder injury claim as they can assist you with the gathering of relevant documents and can give valuable advice on the next stage of the process for making a claim; submitting an application for assessment to the Injuries Board Ireland.
Compensation Claim’s Process
Following Injuries Board proceedings – if ladder injury at work claims have not yet been settled – your solicitor, having already calculated how much compensation you are eligible for, can enter negotiations with the negligent party’s insurance company in order to settle the claim out of court. If no amount of compensation can be agreed upon, it may be necessary to resolve your claim for a workplace ladder injury in court.
In more cases than not, court action is not required. Most employers and potential plaintiffs wish to protect their working relationship and prefer to proceed with a claim in a way that causes the least possible upset. However, there is the possibility that the insurance companies will put pressure on their policyholders to deny or delay liability for their own benefit.
Third Party Capture
The term “third party capture” refers to when victims of accidents who may potentially make ladder injury at work claims are directly approached by the negligent party’s insurance company with an unsolicited offer of compensation, which often results in being an unreasonable sum, insufficient to pay for on-going medical treatment or to support your family.
These offers are proposed at a time when you may have suffered debilitating injuries and perhaps your working life has been put into question, and it may be tempting to accept such an offer of compensation. Please note, however, that these offers are almost never made with your best interests at heart and are only usually meant as a money saving devise for the insurance company. Therefore, you should always refer an offer of early compensation from an insurance company to a solicitor as soon as you receive it.
How Much Compensation if I Claim for a Workplace Ladder Injury?
All ladder injury at work claims are unique and each one should be assessed on its individual merits. However, there are four main elements that will be accounted for in a claim for a workplace ladder injury and they are:
General damages for the physical injury, pain and suffering at the time of the accident and during recovery.
General damages for psychological injury – for if your injury was particularly traumatic and caused emotional damage, such as post-traumatic stress disorder, depression or lack of self-esteem.
General Damages for Loss of Amenity – you may be compensated for any quantifiable damage to the quality of your life, if you can no longer partake in a social or leisure activity you previously enjoyed, for example.
Special Damages for Financial Loss – you may be able to recover any financial costs, past, present and future that are attributable to your injury such as medical costs, transport fares or the re-structuring of your home.
Ladder Injury at Work Compensation Claims: Conclusion
It may take some time for ladder injury at work claims to be resolved due to the severity of the injuries which may have been sustained in such a distressing accident and the numerous difficulties in gathering evidence of absolute negligence. You may encounter problems if bad ladder habits developed at home have been transferred into the work environment and have played a part in your accident and subsequent injury.
Each claim for a workplace ladder injury must be measured based on its individual merits and the amount of compensation an individual may receive may differ greatly from another accident victim with a similar injury and accident situation.
You would be well advised, therefore, to consult with an experienced workplace accident solicitor at the first practical moment following your accident and medical treatment.