Can I File a Lawsuit in Addition to a Workers' Comp Claim for a Ladder Fall?
Ladder falls are among the most dangerous workplace accidents, and they happen across a wide range of industries: construction, maintenance, warehousing, and beyond. If you were injured in a ladder fall on the job in Nebraska, workers’ compensation is likely your first avenue for benefits. But depending on how the accident happened, it may not be your only one. At Andres Law Offices, our workers’ compensation attorney represents injured workers in Omaha and Douglas County, ensuring they understand their options after a serious workplace injury.
Workers’ Compensation Is Usually the Starting Point
Nebraska’s workers’ compensation system provides benefits to most employees injured on the job, regardless of fault. If you fell from a ladder while performing your job duties, you are generally entitled to file a workers’ compensation claim. Those benefits typically cover your medical treatment, a portion of your lost wages, and compensation for any lasting impairment your injury causes.
One of the key features of Nebraska’s workers’ comp system is that you do not need to prove your employer was negligent to receive benefits. The tradeoff is that workers’ compensation is generally the exclusive remedy against your employer, meaning a direct lawsuit against them is typically not an option.
When a Lawsuit May Also Be an Option
The workers’ compensation exclusivity rule applies to your employer, but it does not necessarily protect every party who may have contributed to your ladder fall. If someone other than your employer bears responsibility for the accident, a separate civil claim against that third party may be available alongside your workers’ comp claim.
Common third-party situations in ladder fall cases include defective ladder claims against the manufacturer when the equipment itself failed, claims against a property owner whose unsafe conditions contributed to the fall, and claims against a contractor or subcontractor whose actions created the hazardous situation. When a viable third-party claim exists, it can allow an injured worker to pursue compensation for damages that workers’ comp does not cover, including full lost wages and pain and suffering.
Why the Circumstances Matter
Not every ladder fall involves a third-party claim, and the facts of each situation determine what options are available. How the accident happened, who owned the equipment, who controlled the worksite, and whether any equipment failures were involved are all relevant considerations. An attorney can help evaluate those facts and identify whether additional claims are worth pursuing.
Nebraska’s Statute of Limitations
Timing matters in both workers’ compensation and personal injury claims. Nebraska has specific deadlines for filing each type of claim, and missing them can affect your ability to recover compensation. You have two years to either agree to benefits or file a petition in court for workers’ compensation, and the state gives you four years to pursue most third-party personal injury claims.
Consult Our Nebraska Workers’ Compensation Attorney Today
If you were hurt in a ladder fall at work, Andres Law Offices is ready to help you understand your rights and evaluate every avenue available to you. Contact us at 402-491-4003 or reach out online to schedule a consultation with our Omaha workers’ compensation attorneys today.