Falling from Height

Falling from Height

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  4. Advice on the legal steps to take after a fall from height

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Falling from Height

Falling from Height

Roofers and construction works are always at the risk of falling from a height. Falling from heights can result in severe injury and some cases are fatal. That’s why in America employees are covered under the worker’s compensation act even if the fall was because of their own negligence.

Working at the height of several feet or even several hundred feet is inherently dangerous. However, some occupations like those in the construction and renovation industry require that people work at dizzying heights. That said employers are expected to make sure that their employees are protected in every possible way. Numerous safety measures need to be taken in order to ensure the safety of everyone working at height.

Sometimes despite all that safety accidents happen. Employees do fall from heights, and according to some estimates, almost half of the injuries at construction sites are from falling from heights. However, there isn’t an exact figure of deaths or injuries resulting from falling from a roof, ladder or scaffolding. That said the injuries, as a result, are often always very serious.

It is up to employers to ensure that their workplace protection is up to the mark. When the protection isn’t in place or not used correctly, it can leave an employee with serious injuries and can even lead to death. Also, it is up to employers to determine if certain tasks can, in fact, be carried out at a safer location than at a height. Plus, the right equipment can minimize such falls. If there is no alternative, then protective gear and other measures need to be taken to reduce risk.

Regardless of whose fault it is when a worker falls from a high place when doing their job, they need to be compensated. The compensation covers not only their medical expenses but also their lost wages. That said it is up to the injured party to take the right steps and seek compensation. There is a time limit associated with claiming compensation, and so they need to work fast. Fortunately, attorneys can help the injured party file the required paperwork for a claim.

Who can apply for compensation?

Anyone who has fallen from a roof while working either at a construction site or any other location where they were placed by the employer.
A worker who was pushed by mistake or with malicious intent which lead to serious injury.
A worker who might have fallen because they didn’t take the right safety measures either because they were negligent or because they were not provided with safety equipment.

What to do and how to get paid?

Working on a roof is inherently dangerous without a doubt. Falling from height can be fatal, and the best case scenario in most cases can be walking away with serious injuries. Treating such injuries is expensive which is why getting paid matters. So, the sooner you apply for compensation, the sooner it is possible for compensation to kick in and start paying the bills. Below is what you should do to get paid:

  • File for compensation within 21 days of the incident, i.e. falling. This is mandatory in most states.
  • Hire an attorney to put forth your case since you won’t be able to handle filing the paperwork.
  • Make sure to inform your supervisor as soon as you fall or are injured by a fall. This should be done preferably in writing.
When to apply for compensation?
You should apply as soon as you can after the fall When to apply for compensation?
When you have hired an attorney to represent your interests When to apply for compensation?
After you have informed your employer about the incident usually verbally as there is no time to write a report When to apply for compensation?

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What is important to know?

Globally falling from height happens to be a very real public health risk and is amongst the leading causes of death and injury. However, in particular, people working in the construction, renovation and roofing industry are at the most risk. Falling from heights can lead to many different serious injuries which range from broken bones at the very least to paralysis in extreme cases and even fatalities.

Each employer in the US is required by law to ensure that their work environment is safe. They need to make sure that the environment employs all the recommended safety equipment and procedures. The staff themselves need to be trained in handling the safety equipment and have experience working at height. Plus accidents and health risks should be recorded in accident books which helps keep track of their safety record. Also, all employers are required by law to have workers’ compensation insurance. The insurance company thus picks up the compensation bill if an employee files a claim.

It is unfortunate that some employers or maybe all employers at some point may not comply with certain regulations which are set forth by the HSE. That’s why in the experience of many expert attorneys the majority of cases they encounter of clients falling from heights are often owing to employer negligence. So, compensation is something that these people deserve.

An experienced attorney does not just help with filing a claim but also investigate it. Their job is to determine where the employer failed which lead to the accident in the first place. Doing that improves your chances of getting a much larger payout especially if the injury is life threatening or life altering.

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