Can I Pursue A Worker’s Comp Case If I Fell Off A Ladder At Work?

Suffering a workplace injury can be very upsetting to many workers. They fear they cannot afford the care they need to recover from the injuries properly; they hope to not miss too much work and the vital income it provides, and most of all, they want to know that they will still have a job after they have healed from their injuries. Before the worker’s comp program was created, many of these issues were very real challenges for workers who were hurt while on the clock.

Fortunately, the state has created a very robust and beneficial program to offer assistance to employees who are hurt while performing the duties of their regular jobs. So, if you fell from the ladder while doing your job, please know that you have every right to seek benefits from worker’s compensation. The simple guidelines to remember are that you must be doing some aspect of your job, even if that means using the ladder to retrieve supplies for your work. In addition, you must be using the ladder correctly and in a manner that is generally considered to be safe. For example, the ladder should be placed on a flat surface, and you should not be climbing at the recommended height specified on the ladder.

The program was designed to eliminate the hardships faced by hard-working employees who suffer an accident while at work trying to earn a living. The program is funded by employers who are legally obligated to participate in the program and cover the cost of enrolling all their employees in this insurance opportunity. The workers have added peace of mind, knowing they are not going to suffer financial ruin if they get hurt at work and that employers are protected from lawsuits filed by injured workers. In addition, the program prohibits employers from preventing workers from opening a claim for a legitimate workplace injury or punishing them if they open a claim. It is a win for everyone involved.

If you get hurt while on the job, you will be able to open a claim with worker’s comp and use any or all of the benefits offered by the program, which include:

• Complete payment of all medical expenses related to the workplace injury such as hospital and doctor’s bills, surgical costs, prescription medication, essential medical devices, and rehabilitation of the injuries – typically, the medical care providers bill worker’s comp directly, and you never need to cover any deductible or co-pay for the care you need because of a workplace injury
• If your injuries prevent you from working until you are fully healed, you can receive up to 66% of your regular weekly earnings to help cover the cost of your routine living expenses
• Partial and temporary disability payments can also be provided if the injuries result in lasting limitations that will limit your future earning potential and ability to support yourself
• In cases where the injuries result in lasting damage that will prevent you from returning to your current job due to physical limitations, the program will provide free vocational training to help you secure a new job once you have recovered as much as possible and are medically cleared to work in another capacity

In most cases, you will not be permitted to file a personal injury lawsuit against your employer for a workplace injury. A lawsuit can be pursued only when the incident was caused by the employer’s gross negligence, or their gross negligence contributed to the cause of your harm. In these cases, gross negligence is often defined as the employer showing neglect or complete disregard for the safety of their employees.

For example, there could be a case for gross negligence if your employer knows the ladder you fell from was damaged, but they chose not to repair or replace it. In addition to them having knowledge of the safety issue, you must have had no other option but to use the dangerous ladder as part of the tasks required by your job. If you feel that gross negligence applies to your case, please contact DTLA Law Group today. You could have grounds to seek added compensation beyond the benefits provided by worker’s compensation such as the cost of your legal services, the replacement cost of any personal property damaged in the on the clock accident, and the lost income not covered by the worker’s comp program.

The time limits for your choices regarding the actions you take are completely independent from one another. As a worker who gets hurt on the job, you are given 30 days from the date of the incident to open your claim with the worker’s compensation program. If you wait longer to try to open the claim, it will be immediately denied, and you will not receive benefits from the program even when your claim is legitimate. You should also be aware that it is your responsibility to contact the program and confirm the claim has been opened and is in process if your employer tells you they opened a claim on your behalf. You will have no recourse to open the claim after the 30 day time limit if your employer failed to open the case or provide the proper information on your behalf.

If you decide to pursue a lawsuit due to gross negligence, the legal system allows you two years from the date of the injury incident to file your claim with the court. This deadline is also strictly enforced, and there are minimal exceptions that would provide you additional time to file your claim once the time limit has expired. Please make time today to contact DTLA Law Group to discuss the general facts fo your workplace injuries and how long you have to take action to ensure you do not miss any opportunity to receive the help you need and are owed.

Many workers who suffer an injury at work face countless money issues and challenges. However, they need to understand that the team at DTLA Law Group is here to offer free consultations and information to help them make wise choices and take action before time limits expire. In addition, our firm never requires upfront payments for legal services. Instead, we only get paid for our work preparing, filing, and litigating a case after the matter is resolved and you have the compensation needed to cover your legal costs.

Finally, if the DTLA Law Group worker’s comp fall attorneys fail to win your case and get you the funds you need and deserve, you owe the firm nothing. Please make time today to get in touch with the office staff at DTLA Law Group to learn more about the legal services and programs that are in place to assist workers who suffer injuries while on the clock. The time limit to open your claim is minimal and can feel overwhelming if your employer is not forthcoming with guidance and help. However, the staff at DTLA Law Group is ready to step in and provide the assistance and information needed to ensure you get the benefits offered by worker’s comp.

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