Ladders are a valuable resource for completing troublesome jobs that require you to reach heights that are out of normal reach. Given the elevated height, a person could experience significant harm if they were to fall. In the event that an accident involving a ladder occurred due to the negligent actions of another person or party, legal action should be taken.
If you have sustained an injury due to a defective ladder or a person’s reckless use of a ladder, you should get in touch with a dedicated injury attorney today. A Wakefield ladder accident lawyer could assess your eligibility for compensation and work with you towards obtaining a favorable outcome. To get started, schedule a consultation today.
Common Causes of Ladder Accidents and Resulting Injuries
Many ladder accidents stem from a defect or the improper use of a ladder. A defective condition in a ladder could occur during the process of manufacturing, and be serious enough to place users in grave risk of an accident. Furthermore, ladders could become dangerous due to continuous use over a prolonged period of time.
Ladders are expendable tools, and their safety and serviceability as time progresses depends on the usage of the ladder, the quality of the ladder’s manufacturing, and how the ladder is maintained. Whatever the nature of the ladder accident, these types of incidents can result in various injuries ranging from fractures to severe, life-altering injuries. Some of the most common injuries associated with ladder accidents include the following:
- Traumatic brain injuries
- Neck and back injuries
- Electrocution and electrical burns
- Fractured bones
- Musculoskeletal injuries
These kinds of injures could require significant medical treatment and even long-term care in some instances, making it challenging for individuals to return back to work. A Wakefield ladder accident lawyer could fight hard for compensatory damages that could help alleviate the financial strain and hardship on the worker and their family.
Financial Compensation in Ladder Accidents
Workers that are injured on the job would be entitled to worker’s compensation benefits according to Massachusetts law. Almost all employers are required to carry worker compensation insurance to safeguard against workplace accidents, which could help pay for the individual’s medical bills and some of their lost income stemming from a ladder accident, but nothing for pain and suffering.
In construction accident cases, individuals injured on the job may not sue their employer for misconduct or other negligence to obtain financial damages for pain and suffering. However, a worker injured in a Wakefield ladder accident could potentially pursue a claim for monetary compensation against a negligent third-party, such as the general contractor or subcontractor if they do not employ the individual. In cases where the worker’s accident was caused by a ladder defect, a Wakefield attorney could help the individual assert a product liability claim against the ladder manufacturer.
Deadline for Filing an Injury Claim
According to Massachusetts General Laws Chapter 260 § 2A, ladder accident victims have three years from the date of their injury to file a claim against liable third-parties for damages. Massachusetts law also provides injured workers four years from their injury date to present a claim for worker’s compensation under M.G.L. c. 152 § 41. Failure to present a claim within the designated statutory deadline could bar the worker from financial recovery.
In addition, Massachusetts law would inhibit a worker from recovering compensatory damages in a third-party claim if they are found by a judge or jury to be more to blame for the accident that caused their losses than the at-fault party. This law, known as the comparative negligence doctrine, still allows the injured individual to recover compensation if they are less than 51 percent responsible for the accident, but their damages would be reduced according to the percentage of blame assigned to them. For example the plaintiff was found to be 40 percent at fault for the accident that caused their injuries, they could still receive 60 percent of their total damage award.
Consult with a Wakefield Ladder Accident Attorney
Pursuing an injury claim of any kind could prove to be difficult without the help a seasoned attorney. By working with a Wakefield ladder accident lawyer, you may be able to better understand the amount of damages you may be entitled as well as who to hold responsible for your injuries. To learn more about getting started on a case, or if you wish to present an injury claim, schedule a consultation today.