Introduction to Compensation for Ladder Falls at Work
Claiming compensation for ladder falls at work can frequently take quite some time to resolve because of the injuries which can be suffered in such a traumatic accident and the potential difficulties in gathering evidence to prove absolute negligence. More problems can arise if the accident victim had developed bad ladder habits at home which were transferred in the place of work and if this contributed to the accident and subsequent injury.
As no two cases are ever exactly the same, each claim for ladder fall at work compensation should be calculated based on its own individual merits. You would be well advised in seeking legal advice from an experienced workplace injury compensation solicitor at the first possible opportunity after you have sustained an injury in an accident at work for which you were not entirely at fault.
Eligibility to Claim for Ladder Fall at Work Compensation
Common sense prevails in most cases for compensation for ladder falls at works, and professional medical attention is usually sought in appropriate time. However, it should be noted that not only is it essential for your health that you undergo an examination performed by a medical professional (first aid administration is not acceptable) immediately after an workplace fall from a ladder, your claim may be damaged if there is any significant gap between the date the accident occurred and the date that your injuries were recorded in your medical history.
If medical treatment was delayed without good reason, it could be alleged by your employer that you exacerbated your injury by your own lack of care – or that your injury was sustained somewhere outside of the work environment.
Your entitlement to claim for workplace fall from ladder compensation will be influenced by the diagnosis of your injury being noted in your medical history and that an employer was responsible for the injuries that were sustained – through direct or indirect action.
If an employer neglects to provide their legal duty of care to make working at a height as safe as possible or if they fail to correctly adhere to the health and safety guidelines and regulations, you may possibly claim for ladder fall at work compensation if you were injured in an accident for which you were not primarily responsible.
There are several procedures to follow to support your workplace fall from a ladder claim, including:
- Report your accident to the individual responsible for health and safety and have your injury recorded in the business’s Accident Report Book.
- Take photographs of the scene of the accident
- Gather witness details
A solicitor, engaged at this stage, would be able to assist in the gathering of supporting documents for your compensation claim.
The Benefits of Engaging a Solicitor
By consulting with a solicitor from the early stages of your compensation for ladder falls at work claim, he or she could provide valuable assistance with the completion of any post-accident procedures and could assist with the compilation of your application for assessment to the Injuries Board Ireland.
Along with this, your solicitor would be able to enter negotiations with the negligent party’s solicitors in order to settle your claim out of court.
If you are approached by the negligent solicitors in the days following your accident – when you are still recuperating from your injuries – with an unsolicited offer of compensation, your solicitor would be in a good position to evaluate the offer and establish whether the figure proposed is an adequate reflection of your injuries and the impact they have had on your life.
How Much Compensation for Workplace Fall from Ladder Injuries?
It is important to remember that every compensation for ladder falls at work claim is based on its own individual merits. However, most claims encompass four main categories:
- General damages for physical injury – these damages refer to the pain and suffering you experienced when the accident occurred and during your recuperation and are calculated by referencing your medical notes and past settlements.
- General Damages for Psychological Injury – a workplace fall from a ladder may cause emotional injuries if the victim suffers a post-traumatic stress disorder. Additionally, any consequential depression and anxiety will also be taken into account.
- General Damages for Loss of Amenity – any deterioration in your quality of life – including being unable to partake in social and leisure activities, or the inability to perform everyday tasks – can be included in your compensation claim.
- Special Damages for Financial Loss – you may be able to recover costs you have incurred in seeking medical treatment, hiring home help, or loss of income.
Compensation for Ladder Falls at Work: Conclusion
A claim for compensation for ladder falls at work can be one of the most complex of personal injury* claims to accumulate. The potential is high for the inclusion of issues surrounding your health, your long time financial security, the negligence or your employer or another responsible person and your relationship with work colleagues. An omission of any part of your claim for ladder fall at work compensation claim can result in the overall settlement being inadequate to cover medical care or to support your family.
Therefore, it is well recommended that you contact an experienced solicitor at the first possible moment. In the initial consultation that most solicitors offer without charge, your solicitor would be able to answer any questions you may have and can assess your workplace fall from a ladder claim to determine whether or not it is worth pursuing.