By a Philadelphia work accident lawyer
A: It is not absolutely necessary to have the ladder to succeed in a ladder accident case in Philadelphia, Pennsylvania. It certainly would be helpful to locate the ladder in order to have it examined by workplace safety or mechanical experts. However, even without it, there may still be enough evidence to support a case. Each case is different and it is important to speak to a knowledgeable work accident injury lawyer as soon as possible. Work accident lawsuits are often very complex, and statute of limitations issues are very common.
At the outset, it is important to note that work accident cases in Philadelphia often result in two types of claims: a workers’ compensation claim and a third party claim. While most workers injured in the Philadelphia area are aware of their legal rights to file workers’ compensation claims after a work accident, most workers are completely in the dark when it comes to their legal rights to file a third party claim. A third party claim is a special type of work accident claim and involves a claim of negligence against a non-employer party.
There are several potential claims in a third party work accident lawsuit involving a fall from a ladder. The types of claims depend on many facts, such as how the accident happened, the type of worksite the accident happened on, the relationship between the parties/companies at the worksite, etc.
For instance, there may be a products liability claim against the ladder manufacturer or a negligence case against a ladder maintenance and supply company. There might also be a case against a subcontractor who provided the defective ladder without marking it clearly for non-use. Defective ladders are actually very commonly used across worksites in Philadelphia.
In addition, depending on the facts, there may be a claim against an employer. As a general rule, Pennsylvania law prohibits injured workers from filing work accident lawsuits against employers. However, there are several well-defined exceptions.
Some of the most common issues in workplace ladder accidents include:
- negligent maintenance and care,
- misuse or negligent use, such as using a ladder for an unintended use,
- improper placement,
- use of single-rail ladders, and
- failure to use appropriate safety devices.
Financial Compensation for Work Accidents in Philadelphia
Workers injured in fall accidents while on the job may be entitled to make claims for medical bills, lost wages and pain and suffering damages. This is in addition to, or on top of, any workers’ compensation claims.
For more information, click here to access our free legal article about workplace ladder accident law in Pennsylvania.
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**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Last updated: November 4, 2014