How to get maximum workers’ compensation benefits after a ladder or scaffolding accident at work
Georgia workers’ compensation laws protect most workers, including construction workers, from the consequences of an accident or illness that happens on the job.
If you’re a construction worker who has been injured in a scaffolding or ladder accident, our Atlanta construction accident attorneys can help. These types of accidents are all-too-common causes of construction worker injuries.
According to the Bureau of Labor Statistics (BLS), over 3.5 million people work in the American construction industry. Construction work, particularly jobs that take place high above the ground on scaffolding and ladders, can be extremely dangerous. As many as 10 percent of construction workers will suffer an on-the-job accident in their career.
Considering that approximately 65 percent of the construction industry works on scaffolding, basic scaffolding safety and training can undoubtedly help reduce the 4,500 injuries and 60 deaths that happen on construction sites each year.
How many ladder accidents happen in the workplace?
Ladder accidents are a common cause of workplace injuries. They happen most frequently in construction but also occur in the following industries:
- Installation and repair services, including utility workers
- Transportation and trucking
- Manufacturing
According to the BLS, there were 161 fatal work injuries because of ladders in 2020. This was almost a 6% decrease from 2019.
There were also 22,710 non-fatal injuries involving ladders. Movable ladders were the most common culprits, but other types of ladders were included in the totals as well.
Common causes of scaffolding accidents
Scaffolding falls are the leading work-related injury in construction. Further, failing to follow scaffolding safety requirements is the third leading safety violation on construction sites. Sadly, a majority of these scaffolding accidents are preventable.
Other common causes of scaffolding injuries include:
- Failure to comply with safety standards. OSHA publishes detailed safety standards, requirements and regulations specifically for scaffolding.
- Inadequate worker training. Workers should be properly trained to avoid the risks of working on scaffolding.
- Builder negligence. Builders must establish and maintain OSHA safety standards, but they sometimes fail to follow the rules.
- Defective scaffolding. A defect can result from improper design, manufacturing issues, or improper assembly on the construction site.
- Poor maintenance. Scaffolding consists of many interdependent pieces that are usually assembled on the job site. Individual parts are exposed to the weather, and they may suffer wear and tear from use. As such, scaffolding should be regularly inspected and immediately repaired or replaced as needed.
- Failure to protect from falling objects. Construction workers on or below scaffolding are exposed to falling construction materials, tools and debris from upper levels.
- Exposure to fellow worker negligence. Scaffolding workers may work alongside other workers who are not trained or who are negligent.
- Hazardous weather conditions. High winds can threaten to push workers off scaffolding or cause the scaffolding structure itself to collapse. Extreme heat can cause workers to overheat and pass out when on scaffolding, or wet and rainy conditions could cause a worker to slip and fall.
- Failure to install commonly used safety devices, including safety ropes and harnesses, safety helmets and netting to break scaffolding falls, which are the predominant cause of scaffolding injuries.
Common causes of ladder accidents
Ladder accidents can occur for a variety of reasons, but a few types of accidents are more commonplace than others, including:
- Structural failure of the ladder
- Incorrect setup of the ladder, especially its extension
- Slips and falls from the steps
- Lack of training or knowledge about ladder safety
- Improper use of the ladder, including applying excessive force or exceeding its weight limits
Common injuries from ladders and scaffolding accidents
The injuries that result from working at height accidents are often catastrophic in nature and typically come from falls, which are exacerbated when they happen from extraordinary heights. Common injuries include:
- Spinal cord injuries
- Internal bleeding and organ damage
- Death
What if I’m a construction subcontractor?
Most major construction projects are operated by a general contractor and served by a myriad of subcontractors with different specialties. Some subcontractors can have numerous employees, while others have a few employees or are sole proprietors.
In Georgia, most employers are required to carry workers’ compensation insurance if they employ 3 or more full- or part-time employees. However, some simply fail to comply with the law and don’t have the required workers’ compensation coverage.
If you’re an independent contractor—not an employee—performing services pursuant to a contract with the general contractor and you get hurt while performing work on scaffolding or a ladder, you may have questions about your rights.
In Georgia, your relationship with the general contractor is regulated by statutory law. Unfortunately, independent contractors typically aren’t eligible for recovery under the general contractor’s workers’ compensation coverage. However, you can instead bring a third-party personal injury civil lawsuit against the general contractor and/or possibly the scaffolding or ladder manufacturer.
What’s more, Georgia law provides that employees may be considered “statutory employees” of the general contractor. In that case, a subcontractor might be eligible for benefits from the general contractor.
The “statutory employee” classification is not a black-and-white matter. If a workers’ compensation claim is challenged, the court will consider all facts and circumstances to determine if an injured construction worker is eligible for workers’ compensation benefits from the general contractor.
Injured construction worker claims against third parties
In Georgia, workers’ compensation coverage is a no-fault system, meaning that benefits are paid out regardless of whether the employer, the employee or anybody else is at fault. However, among other limitations, certain damages (e.g., pain and suffering) are not compensated by workers’ compensation.
Suppose the proximate cause of a scaffolding accident is the fault of a third party, not the employer or the employee. For example, say there’s a collapse from faulty scaffolding, a defective negligent manufacturing process or materials of the scaffolding manufacturer.
Does an injured employee have recourse against the third-party scaffolding manufacturer?
Yes. But in such third-party cases, the injured worker will have to prove the plaintiff was negligent and is liable for their damages. For instance, a scaffolding manufacturer can be sued by the employee or employer under product liability laws or by a deceased employee’s relatives under wrongful death laws.
If you’ve fallen due to a faulty scaffold or ladder or have been otherwise injured by a third party at work, please be aware that these claims can quickly become complicated. Because of this, it’s highly recommended that you contact an Atlanta slip and fall lawyer to ensure your rights are protected and you recover the full compensation you deserve.
What to do after a scaffolding or ladder accident at work
If you’re the victim of a scaffolding or ladder accident, you need to take the following steps:
- Seek medical attention immediately to ensure you don’t have any serious underlying injuries and to document that the accident occurred at work.
- Report the event to your employer as soon as possible (but no later than 30 days). If you wait longer than 30 days, you may not be eligible to collect any workers’ compensation benefits.
- File a workers’ compensation claim by filling out Form WC-14 and submitting it to the State Board of Workers’ Compensation.
- Consult a workers’ compensation attorney if you need help with your claim or your claim is denied.
Following a scaffolding or ladder accident that results in serious injuries or death, construction workers and their families can benefit from the professional guidance of a veteran lawyer with a specialty in workers’ compensation cases to navigate this complex process. These workers’ compensation claims are complicated and often require an attorney with extensive knowledge and experience. The best time to engage an attorney is as soon as possible after the injury.
Ready to discuss your benefits and rights? Contact our team at Gerber & Elkins today to schedule your free initial consultation.
