California has the largest population in the United States, with over 39 million citizens making the state their home. California is 3rd in the nation for total land area as well. With this in mind, it should not come as a surprise to learn that California also leads the nation in the number of total jobs, and accordingly, the opportunities for workplace injuries. California has the most significant number of jobs where employees will find themselves on ladders as a normal part of their daily duties. From warehouse-style retail facilities like Home Depot and Costco to the construction businesses, roofing, gutter installation, and painting companies, to public services like fire departments and city worker’s changing street lights and doing maintenance on traffic lights, these employees could experience a ladder fall workplace injury accident. It raises an interesting question: What is the average value of a ladder fall injury worker’s compensation case?
If you have been injured at work by a ladder fall, it may be a very unpleasant experience. While dealing with this injury, you are going to find yourself working in some way with the State of California worker’s compensation insurance program. Like any insurance program, the worker’s comp system is going to work with you, and there can be an expectation that they will act in your best interest. They are your insurance company in some ways. They are not working to benefit the company, paying the costs of the insurance in the way that private insurance would. However, many people are surprised to learn that they still need to conduct business in a manner focused on limiting their costs for their benefits. If you have a ladder fall injury worker’s compensation claim and are trying to understand what its value is, and you need legal assistance in dealing with worker’s compensation, please reach out to Normandie Law Firm. We specialize in worker’s compensation cases and are highly experienced in helping our clients address many different needs.
Speaking with Normandie Law Firm is going to get you some information on the options you have, and will help us understand what your needs are. You will be speaking with someone with real legal experience immediately. If we cannot answer your questions, we will set up a free initial consultation with a lawyer who can tell you about the average compensation value of a ladder fall workplace injury accident in the State of California. In that meeting, the legal team at Normandie Law Firm is going to collect the facts that will allow them to fully assess the incident. The first step is to determine the merits of your claim and anticipate any challenges that lie in front of you. Normandie Law Firm brings decades of shared experience across the team, as well as many successful negotiations with worker’s compensation insurance teams. This may result in a quicker resolution if you are running into issues.
Please reach out to our legal team at Normandie Law Firm today so that we can discuss your injuries and the issues that you are dealing with. We want you to understand up front that no matter what your decision is after your free consultation, you have no obligation to hire Normandie Law Firm to represent you in any role. Equally as important is the fact that there is a time limit to file a claim for your injuries.
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What Is The Time Limit To File A Claim For A Ladder Fall Injury In California?
You have 30 days to file a claim with worker’s compensation if you get injured at work. This is not specific to any type of injury. The time starts the day of the accident. If the time limit does expire before you file a claim, worker’s compensation will not accept the claim. There are very few exceptions made to the 30 day time limit. If you are getting close to the time limit, please get in touch with Normandie Law Firm as soon as possible.
What Are The Types Of Workplace Ladder Fall Injuries and Hazards?
There are quite a few jobs and roles that might result in ladder fall injuries. This is based on the hazards and opportunities, as well as the frequency with which employee might use a ladder to perform their jobs. No matter what the job or frequency might be, the analysis of injury type by role shows that people doing work on a ladder in more dangerous circumstances are more prone to be hurt than other employees who sit in an office. This isn’t shocking when you think about it. Another factor to consider is that someone who uses a ladder frequently is more experienced than someone who doesn’t. The impact of the different types of injuries that Normandie Law Firm clients experience runs from minor to life-changing. The common injuries and hazards are:
- Minor sprains to knees and ankles due to slipping off a rung or step result in unexpected weight on the joint to be experienced
- Significant sprains that cause damage to the connective tissue of joints or complete joint dislocations from falls that cover the same distance, but the employee lands awkwardly
- Broken bones in the lower extremities due to falling from a taller height on the ladder and impacting the ground with their full weight
- Head, neck, and back injuries from hitting the ground or other obstructions on the way to the ground, including having the ladder impacted by a forklift or other vehicle and being spun on the way to the ground
The serious ladder falls and resulting costs are not typical, but they can occur often enough that many companies spend a great deal of time and money that is focused on both prevention and overall safety when it comes to working off the ground for any time at all. The simple fact is that the chance of these types of injuries and the kinds of hazards that can be encountered and experienced by anyone who deals with working on a ladder regularly is always going to be present. Gravity is a constant and cannot be negotiated with.
Are Ladder Fall Injuries Always Covered By Worker’s Compensation In California?
If you are hurt in a ladder fall accident, in any manner, while at work and doing your job, you should expect that your injury is going to be covered by the California worker’s compensation insurance program. There are some exceptions to the general rule of being covered at work for any kind of injury. They deal more with the employee’s physical and mental state, as well as their behavior and actions taking place before the accident, than the particular kind of injury that an employee suffers. Two examples of this are if an employee is under the influence of alcohol or drugs, or is found to responsible for the cause of the hazard that they are injured in due to behavior like horseplay, worker’s comp is unlikely to cover the injuries suffered in the claim.
What Are The Benefits Offered By Worker’s Compensation In California?
Below is a list of key benefits that are part of the worker’s compensation insurance if you experience a ladder fall injury in California. They include, but are not limited to, the following:
- A dollar amount not to exceed 1 million dollars per incident for covering any medical care needed, which includes any hospitalization or emergency room treatment and stays, all services by a specialist like a skin graft or surgery, the costs of prescriptions and over the counter drugs or items, physical therapy, and the rental cost of devices such as canes, crutches, braces, or wheelchairs
- If the employee is not able to return to work until they are recovered, they can receive up to 66% of their regular weekly income
- Long-term disability from injuries, where the program offers temporary long-term disability payments
What Is The Average Compensation Value Of A Ladder Fall Workplace Injury Accident?
Statistics that have been gathered for the State of California show the ladder fall injury dollar value runs between $5,000 and $25,000, with approximately 70% of that going to medical expenses. The balance and remaining 30% is typically for the costs of indemnity benefits, including lost wages and disability payments to the employee. The statistics show that ladder fall injuries are a frequent type of injury that is filed for with worker’s compensation in California. The costs that figure into the claim value include:
The overall value is going to be primarily influenced by how serious the injuries are, as that is the largest cost to worker’s compensation.
Salary of the injured employee is also a significant factor, as it figures in both disability payments as well as lost wages due to missed work.
Can I Sue My Company For Additional Damages After My Worker’s Comp Case Is Completed?
Once you file and collect on a worker’s comp case, you cannot sue your employer for additional damages for being injured. Worker’s compensation is an exclusive remedy for covering workplace injuries. Worker’s’ compensation, from an insurance perspective, is a no-fault system. This means that it provides benefits regardless of who is at fault.
An exception to the question of a personal injury lawsuit being filed is if the employer can be judged responsible for contributing to, or the creation of, the hazard and the injuries that come from it. This also applies to 3rd parties when involved. If you believe this has happened, you need to discuss this and the supporting facts as soon as you can with your Normandie Law Firm legal team as soon as you can. If it can be proven, it does provide the ability to legally sue your company for gross negligence. The legal definition of gross negligence is willful misconduct or reckless disregard for the safety of others. A lawsuit can be filed independent of the worker’s compensation claim for items not covered by worker’s compensation.
Upfront Costs With Normandie Law Firm And Your Ladder Fall Workplace Injury Accident
When you are trying to determine the average compensation value of a ladder fall workplace injury accident and consult with our team at Normandie Law Firm, we will not ask you to pay for upfront legal fees. We will bill you after we settle the case, and if we do not win your case, we will not bill you for our services. Please call the team at Normandie Law Firm day or night if you need help with your ladder fall workplace injury accident.
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