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  1. #1

    Default Injury from a Broken Ladder

    My question involves workers compensation law for the state of: When I was working at a construction site with a contractor, the ladder I was working on suddenly broke, injuring me severely. I was hospitalized and had to undergo a surgery. Can I file a compensation claim against the contractor for my injuries and loss of wages?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Injury from a Broken Ladder

    For what?

  3. #3
    Join Date
    Oct 2014
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    7,616

    Default Re: Injury from a Broken Ladder

    If you were an employee of the contractor, then generally your recourse for the injury is to file a worker’s compensation claim. However, you did not mention the state in which this occurred and that’s important because state law applies to this and states have different laws. If the injury is covered by worker’s comp then in at least most states you cannot sue the employer over it. On the other hand, you get paid from worker’s compensation without having to prove fault or negligence by the employer.

    On the other hand, if you were an independent contractor on the site then worker’s comp generally won’t pay for it. In that case, you then have to determine why the ladder broke to begin figuring out if anyone was negligent. If someone was negligent then you would sue that person (and his/her employer if the negligence occurred during the course of the person’s employment). Note that is it possible that no one was negligent and in that case you won’t get anything to cover your damages from it.

  4. #4
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Injury from a Broken Ladder

    it depends on if the contractor was named as an additionally insured employer. if they were then as an employee you are only entitled to workers compensation benefits. it's dependent on your states laws.
    any proceeds from a third party lawsuit are subject to subrogation by the comp carrier ( they get reimbursed for their costs out of any settlement).
    there maybe additional benefits for a safety violation. that also depends on your state's laws.

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