$3 Million Settlement for Iron Worker Injured in Ladder Fall
Union Ironworker Falls from 40-Foot Ladder While Installing Windows
Claims were filed on behalf of an injured union ironworker who was installing second-floor windows from a 40-foot ladder. While he was working on the job, the ladder slid out from underneath him. He fell onto a skid of cinder blocks and then bounced off onto the ground.
The case involved both a workers’ compensation claim and a third-party action alleging that negligent construction conditions led to the devastating accident. As a result of the fall, the worker suffered a pulmonary embolism, a femur fracture, and other issues requiring counseling.
On behalf of our injured client, Sexner Injury Lawyers LLC secured a workers’ compensation settlement of $266,000 and a third-party settlement of $2,750,000. The total recovery exceeded $3,000,000.
Ladder Falls on Construction Sites
Ladders are common on construction projects, but they can become extremely dangerous when they are unstable, improperly placed, defective, unsecured, or used in unsafe site conditions. In a CDC/NIOSH study of occupational ladder fall injuries, CDC reported that 43% of fatal falls over the prior decade involved a ladder and that, among construction workers, an estimated 81% of fall injuries treated in emergency departments involved a ladder.
Federal OSHA construction ladder standards require ladders to be used only on stable and level surfaces unless secured to prevent accidental displacement. OSHA also states that ladders should not be used on slippery surfaces unless secured or provided with slip-resistant feet, and that ladders placed where workplace activity or traffic may displace them must be secured or protected by a barricade.
Common ladder hazards may include:
- Using the wrong ladder for the job
- Using a ladder that is broken, worn, defective, or missing safety feet
- Placing a ladder on unstable, uneven, slippery, or cluttered surfaces
- Failing to secure or stabilize a ladder before use
- Allowing workplace activity, traffic, or materials to interfere with the ladder
- Overreaching or working too far to one side
- Moving or shifting a ladder while someone is on it
- Failing to inspect, maintain, remove, or tag defective ladders
Workers’ Compensation and Third-Party Construction Claims
Many construction ladder accidents involve a workers’ compensation claim. Workers’ compensation may help cover medical treatment, temporary disability, permanent disability, and other benefits after an on-the-job injury. But workers’ compensation may not be the only source of recovery.
In some construction accidents, a third party may also be legally responsible. A third-party claim may involve a general contractor, subcontractor, building owner, ladder manufacturer, equipment supplier, scaffolding company, property manager, or another person or company whose negligence contributed to the fall.
This distinction mattered in this case. The injured worker recovered through both the workers’ compensation system and a separate third-party settlement related to the construction-site conditions that allegedly caused the ladder fall.
Serious Injuries After Ladder Falls
A fall from a ladder may involve only a few feet, or it may involve a fall from a significant height. Even a short fall can cause fractures, head injuries, back injuries, shoulder injuries, spinal injuries, internal trauma, and long-term pain. A high fall onto construction materials, concrete, cinder blocks, or uneven ground can be catastrophic.
In this case, the worker suffered a femur fracture and a pulmonary embolism. MedlinePlus describes a pulmonary embolism as a sudden blockage in a lung artery, usually caused when a blood clot breaks loose and travels through the bloodstream to the lungs. A pulmonary embolism can be life-threatening, especially when the clot is large or when there are many clots.
When a ladder fall causes a major fracture, embolism, surgery, hospitalization, psychological harm, or inability to return to construction work, the legal and medical issues can become especially complex.
Preserving Evidence After a Ladder or Scaffold Fall
After a serious ladder or scaffold accident, evidence may disappear quickly. Ladders may be moved, repaired, discarded, replaced, or altered. Construction-site conditions may change within hours. Materials may be cleaned up, equipment may be relocated, and witnesses may leave the project.
For that reason, an attorney may need to act quickly to preserve evidence. Important evidence may include the ladder itself, photographs, video, inspection records, jobsite safety plans, OSHA materials, witness statements, contractor agreements, incident reports, medical records, and information about who controlled the area where the fall occurred.
In some cases, an emergency preservation letter, inspection request, or court order may be needed to prevent evidence from being destroyed or altered before the injured worker’s claim can be fully investigated.
Legal Help After a Construction Ladder Fall
Construction ladder fall cases may involve workers’ compensation, third-party negligence, OSHA regulations, product defects, premises liability, contractor responsibility, and complicated medical proof. Identifying the correct parties early can be critical because statutes of limitation and notice rules may affect the right to bring a claim.
Since 1990, Sexner Injury Lawyers LLC has represented injured workers and construction accident victims in Chicago and throughout Illinois. If you or a loved one was seriously injured in a ladder, scaffold, or construction accident, contact us for a free case evaluation at (312) 243-9922 or contact us online.
