Falls from ladders are a leading cause of serious workplace injuries and fatalities. What seems like a simple tool can pose significant risks, leading to debilitating injuries, steep medical bills, and lost wages. For workers in South Carolina, knowing the proper steps to take after an accident is essential for protecting both your health and financial future.
What Are the Main Causes of Ladder Falls at Work?
Most ladder falls are preventable and often caused by unsafe equipment or poor setup. Common mistakes include using a ladder that’s too short, placing it on uneven ground, or failing to secure it properly. Damaged ladders, with cracked rails or slick, loose rungs, pose serious fall risks. Employers have a legal duty to provide and maintain safe, properly inspected equipment to reduce these dangers.
But even with safe equipment, worker mistakes often lead to falls. Common errors include overreaching, climbing with heavy loads, or not keeping three points of contact. These dangerous actions, often due to poor training or rushing, highlight why strong safety protocols and worker caution are essential to preventing serious injuries.
Most Common Injuries from Falling Off a Ladder
The height of the fall and the point of impact can lead to a wide range of injuries, from minor to catastrophic.
- Broken Bones and Fractures: Commonly affecting the wrists, arms, collarbones, ankles, legs, and hips.
- Sprains and Strains: Damage to ligaments (sprains) and muscles or tendons (strains), often in the wrists, ankles, and knees.
- Head and Brain Injuries: Ranging from concussions to severe Traumatic Brain Injuries (TBIs), which can cause permanent cognitive impairment.
- Spinal Cord, Back, and Neck Injuries: Including back injuries such as herniated discs, fractured vertebrae, and devastating spinal cord damage that may lead to paralysis.
- Internal Injuries and Organ Damage: Blunt force trauma can cause internal bleeding and damage to vital organs.
- Severe or Fatal Ladder Fall Injuries: In the most serious cases, ladder falls can cause permanent paralysis, brain dysfunction, or death from traumatic complications.
Legal Options After a Workplace Ladder Fall in South Carolina
Navigating your legal options is essential to securing the compensation you need. South Carolina law provides specific avenues and strict deadlines.
Receiving Workers’ Compensation for Ladder Injuries
In South Carolina, workers’ compensation is a no-fault system designed to provide prompt benefits to injured employees.
- Benefits: It covers all authorized medical treatment, a portion of your lost wages (typically two-thirds of your average weekly wage), and compensation for any resulting permanent impairment.
- Exclusive Remedy: For most claims against an employer, workers’ compensation is your exclusive remedy. This means you cannot sue your employer for negligence in exchange for receiving these no-fault benefits.
Critical Deadlines
- Reporting: You must report your injury to your employer within 90 days, under SC Code § 42-15-20(C).
- Filing: You must file a claim with the South Carolina Workers’ Compensation Commission within two years of the accident. Failure to do so will permanently bar your right to benefits.
When Can You File a Lawsuit?
While you’re generally barred from suing your employer for a workplace injury due to workers’ compensation rules, there are two key situations where a lawsuit may be possible.
Lawsuits Against a Negligent Third Party
You can file a personal injury lawsuit if your injury was caused by the negligence of someone other than your employer or a co-worker. This is known as a third-party claim. Common examples include claims against the manufacturer of a defective ladder, a different contractor on the job site who created a hazard, or a property owner who failed to maintain safe premises.
When pursuing a third-party lawsuit in South Carolina, there are several key legal factors to consider:
- Statute of Limitations: A personal injury lawsuit must be filed within three years of the date of the injury. Missing this deadline will permanently bar your claim.
- Comparative Negligence: South Carolina follows a modified comparative negligence rule. This means if you’re found partially at fault for your accident, your financial recovery will be reduced by your percentage of fault. Crucially, if you’re found 51% or more at fault, you are legally barred from recovering any damages.
- Available Damages: Unlike workers’ compensation, a successful lawsuit allows you to recover a wider range of damages. This can include compensation for pain and suffering, emotional distress, future medical expenses, lost earning capacity, and loss of enjoyment of life.
What Should You Do After Falling Off a Ladder at Work?
- Seek Immediate Medical Attention: Your health is the priority. Go to an emergency room or an authorized doctor.
- Report the Injury: Notify your supervisor in writing as soon as possible, and in all cases within the 90-day legal deadline.
- Document Everything: Take photos of the ladder and the scene. Get contact information for any witnesses. Keep a detailed record of your medical treatment and symptoms.
- Consult an Attorney: Given the strict deadlines and legal complexities, consulting with a SC workers’ compensation lawyer who specializes in South Carolina workers’ compensation and personal injury law is crucial to protecting your rights.
How a Lawyer Can Help in South Carolina
An experienced attorney is essential for dealing with this complex system. They will help you meet all legal deadlines, investigate any third-party liability, handle all communications with insurance companies, and work to maximize the compensation you are entitled to under both the workers’ compensation system and, if applicable, a personal injury claim.
