QUESTION
can I sue a company for knowing I had a faulty ladder that was not up to OSHA req. where I have repeatly requested for a new ladder
Asked on Apr 27th, 2014 on Workers Compensation - Virginia
More details to this question:
For over a year I requested to be given a new ladder due to the one I was using had several cracks an splits in it also my supervisor found it at a dumpster prior to giving it to me. The ladder had the self leveling feet that were worn out and where locking up making them not level properly. the ladder also hadn't been inspected in 3 years which is well over the limits by OSHA requirements. On the day I was hurt I was climbing a pole to disconnect a cable line the ladder started to slide away from the pole sliding down the telephone line from where the ladder was hook onto, leaving me holding on. Momentum caused me to lose my grip an fell 30+ feet to the pavement where I sustain several injuries. With all of this I have come to the end of what Workman Comp consider as their responsibilities leaving me with the pain a suffering as well as the loss of abilities with the job skills I am very limited to the fields I have work in which I am not able not to perform no more. what should I do?
1 ANSWER
Workers Compensation Attorney serving Richmond, VA
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Gerald G. Lutkenhaus, Attorney at Law
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Dear Sir:
Even though your employer forced you to use a worn-out ladder that caused your injuries, you cannot "sue" him for your injuries. Your remedy is Workers Compensation Insurance which your employer is obligated to provide in Virginia. You indicated you fell 30 feet and have several injuries. You indictate you have lost work skills due to this injury. You did not say whether you lost your job. If you did so, you can file for lost time. You can recover up to 500 weeks of compensation or partial compensation (if you cannot do your former job) as well as lifetime medical coverage for your injuries.
I don't understand what you mean when you say workers compensation say they are no longer responsible. This is only true if the doctors have said you have recovered 100% and have no work restrictions due to your accident or if you have "settled" your case and surrendered all your future rights in the case.
I base this on 35 years of workers compensation. See virginiadisabilitylawyer.com.
Answered on Apr 27th, 2014 at 5:19 PM