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At the Arizona state level as well as at the federal level, there are fairly stringent and purposeful regulations regarding ladders and scaffolding on job sites. Unfortunately, letters and scaffolding represent major sources of fall injuries for workers, so the safety requirements are certainly warranted. But what happens after an injury does occur? How easy is it for an injured worker to receive compensation, if they can at all?
Contact a work injury lawyer in Phoenix today at Crossman Law Offices, P.C. — call (602) 248-0380 for a free consultation.
Ladder and scaffolding injuries can be catastrophic due to the height and conditions under which they occur. Construction workers, roofers, painters, and maintenance professionals are particularly vulnerable to these types of accidents, though anyone working in elevated positions faces a risk. Some of the most common injuries resulting from ladder and scaffolding falls include:
Traumatic brain injuries (TBI). Even with a hard hat, a worker falling from a ladder or scaffold can sustain serious head injuries, including concussions or brain trauma.
Spinal cord injuries. Falls from significant heights can damage the spinal cord, potentially leading to paralysis or long-term disability.
Broken bones. Fractures, especially to the arms, legs, and ribs, are common in falls from ladders and scaffolding.
Internal injuries. The force of the fall’s impact can cause internal bleeding or damage to organs, sometimes going unnoticed until later medical evaluation.
Soft tissue injuries. Sprains, strains, and tears to muscles, tendons, and ligaments can occur, resulting in significant pain and long recovery times.
OSHA sets out clear regulations for ladder and scaffold use to reduce the risk of injury. These rules apply to all workplaces, including construction sites in Arizona. Employers are required to follow OSHA standards, ensuring that ladders and scaffolds are properly constructed, maintained, and used by workers who are trained in safety procedures.
According to OSHA standards (29 CFR 1926.451), scaffolding must be able to support at least four times the maximum intended load. Workers should be provided with fall protection when working at heights of 10 feet or more, such as guardrails or personal fall stop systems. Ladders, similarly, must be stable, regularly inspected, and only used for their intended purposes. Workers should also avoid overreaching and ensure that ladders are placed on even surfaces before use
Unfortunately, failure to follow these safety measures leads to thousands of injuries every year. When a worker is injured due to a violation of safety standards, determining liability becomes crucial to securing compensation.
Arizona workers’ compensation laws should protect employees who are injured while performing their job duties. If you suffer a ladder or scaffolding injury, you are likely entitled to workers’ comp monetary benefits, which may cover:
Medical expenses. This includes all costs related to treatment, such as hospital stays, surgeries, medications, and rehabilitation services.
Lost wages. If your injury prevents you from returning to work temporarily, workers’ compensation can cover a portion of your lost income.
Permanent disability benefits. In cases where the injury results in long-term or permanent disability, you may be eligible for ongoing compensation.
However, the process of securing workers’ compensation benefits can be complicated. For instance, Arizona’s workers’ compensation system is a no-fault system, meaning that you do not have to prove that your employer was negligent to receive benefits. However, there are deadlines to file claims and specific procedures to follow. An experienced workers’ compensation attorney can help you navigate the claims process and ensure that you receive the benefits to which you are entitled
In some cases, workers injured in ladder and scaffolding accidents may have the option of pursuing a third-party claim in addition to their workers’ compensation benefits. While workers’ compensation typically covers injuries that occur during the course of employment, it does not allow you to sue your employer for additional damages. However, if a third party—such as the manufacturer of a faulty ladder or scaffolding—was responsible for the accident, you may be able to file a personal injury lawsuit against them.
Third-party claims can provide compensation beyond what workers’ compensation offers, such as pain and suffering or full wage replacement. Working with an attorney experienced in both workers’ compensation and third-party liability claims is crucial to maximizing your recovery.
If you are injured in a ladder or scaffolding accident while on the job, it is critical to take immediate action to protect your health and legal rights:
Seek medical attention. Your health should be the top priority, so seek immediate medical care for any injuries, even if they seem minor at first.
Report the accident to your employer. In Arizona, you must report a work-related injury to your employer as soon as possible to preserve your workers’ compensation claim.
Document the accident. Gather evidence from the scene, including photographs of the ladder or scaffold, any visible hazards, and witness information. This evidence will be important if there are safety violations or potential third-party claims.
Consult with an attorney. Ladder and scaffolding injury claims can be complex, particularly when safety violations are involved. An attorney experienced in Phoenix workers’ compensation and personal injury law can help you understand your rights and navigate the legal process