The most typical place for a ladder accident to occur is either at the workplace or at home. This form of injury is categorised under slips, trips and falls and can happen for several different reasons. It is estimated that approximately 30% of falls from a height involve a ladder. If you have suffered a ladder-related injury due to the negligence of another party you may be entitled to a legal remedy.
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Employers have a legal responsibility to implement certain rules in the workplace. It is up to the workers to follow these instructions as it is for their own safety and interest that they do. Some of these obligations consist of:
Common injuries sustained in ladder accident claims have included:
There are recurring themes regarding ladder injuries which are often preventable. Employers have a legal duty to train their staff to use ladders appropriately and always putting their safety first. Some of the most common causes of ladder accidents:
Overreaching accidents are the most common cause of ladder accidents. Often the injured party climbs up too many steps while holding an object and over stretches while attempting to complete the task at hand, causing them to lose their balance and the ladder to sway and collapse.
It is critical to your safety that the ladder is secure and in a stable condition on the ground. Ladders can be set up on an uneven surface which then causes it to tilt and fall when the person is at the top.
Oil spills, wetness or worn out shoes can contribute to a ladder accident. Before using a ladder, it is advisable to check your footwear is suitable for the height you’re working at. Wearing inadequate footwear can lead to an accident.
It is the duty of the employer to provide training on any equipment the employees use. No task should be carried out if you have not been instructed how to operate the tool. It is worth noting that it is also up to the employee to appropriately use the training they have been provided with.
Following an accident at work, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an accident at work, take a second to assess yourself to determine if you have any injuries and seek the relevant medical attention. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is critical to report the accident to your superior, i.e. a supervisor or manager on site. It doesn’t matter how small you think the accident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than three days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.
If possible, try to collect the contact details of anybody that witnessed your accident. This may be of use if you do decide to pursue a workplace accident claim. It is also useful to find out if there is any CCTV in the area where your accident happened.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a workplace accident claim for any personal injuries sustained, it is advisable that you speak with a workplace accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board (PIAB) for assessment. A workplace accident solicitor can help you in preparing your application to the Personal Injuries Assessment Board (PIAB) and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist workplace accident solicitor to help you with this.
When you decide you want to move forward with your workplace accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
Solicitors are aware of the workplace accident claim process and can avoid any legal bumps in the road you might encounter if you did this process yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so they can obtain a report on your injuries.
As soon as your solicitor has gathered all the information, your workplace accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next step.
At this point one of two scenarios will unfold:
a. If both you and your employer accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or your employer reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your workplace accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
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If you are to proceed with a workplace accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a workplace accident.
Special damages are out of pocket expenses incurred as a result of the workplace accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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