Chicago Construction Site Ladder Fall Accident Lawyer

Helping Injured Construction Workers in Chicago Recover the Compensation They Deserve

A ladder fall accident lawyer is a crucial ally when dealing with very serious injuries after a ladder accident on residential or commercial property. These accidents can happen at construction sites, workplaces, and private property throughout the Chicago metropolitan area. 

We’ll thoroughly investigate the accident to obtain maximum compensation, whether your injuries were caused by defective equipment, a lack of fall protection, or unsafe work practices. Contact us today for a free consultation about your legal options. 

Ladder Accident Settlements & Verdicts Recovered by Our Law Firm

$7,300,000: Manuel was repairing the soffit of a brownstone in Wrigleyville when the extension ladder collapsed. He fell 30 feet and sustained major injuries, including a collapsed lung and liver damage. We demonstrated that the ladder failed due to structural defects that should have been identified before sale. 

$7,200,000: Tom, an electrician, suffered injuries from a ladder accident while installing cable in a warehouse near Western Avenue. 

$4,400,000: Susan, an electrician, fell from a ladder while installing lights in a Ravenswood office. She suffered serious injuries that led to high rehabilitation costs. We were able to demonstrate that the property owners provided a defective ladder that contributed to the fall. 

What Makes Us the Best Lawyers for Your Ladder Accident Case

Our Chicago construction accident law firm is fiercely dedicated to helping accident victims get the compensation they deserve. With a 98% success rate and over $490 million secured for our clients, we are the top-rated injury lawyers in Chicago for a reason, having secured the prestigious Super Lawyers designation and a flawless 10/10 AVVO rating. When you work with us, you benefit from over 100 years of combined legal experience. 

The highly experienced attorneys at IL Work Injury Lawyers have worked on hundreds of third-party ladder fall claims, including those against construction companies, specialized equipment manufacturers, building owners, and contractors. 

What Are the Most Common Causes of Ladder Accidents on Construction Sites?

Common causes of ladder accidents at construction sites include:

• Using the wrong ladder for the job, whether too short or too long
• Defective ladder mechanisms, like locks
• Damaged ladders, such as rusty hinges from snow exposure
• Failure to follow federal Occupational Safety and Health Administration (OSHA) guidelines
• Untrained contractors or a lack of hazard communication
• Slippery or wet floors and uneven surfaces
• Incorrect ladder angle
• Ladders placed near high-traffic areas or open edges of roofs
• Inadequate fall protection or a lack of proper safety equipment

What Are the Most Common Ladder-Related Injuries?

Ladder accidents can result in serious injuries and may even result in wrongful death. Falls from height are the second-leading cause of death in the workplace. Common construction injuries:

• Broken bones, especially the legs, wrists, or ankles
• Traumatic brain injuries and head injuries
• Spinal cord injuries
• Skull fractures
• Pelvic fractures
• Sprains and strains
• Contusions and open wounds
• Internal organ damage, including the lungs and liver
• Dislocated shoulders and torn rotator cuffs
• Herniated discs in the back or neck

What Damages Can Injured Workers Recover in Illinois?

Our law firm will pursue maximum compensation, leveraging our extensive experience in these claims. However, the type of compensation you can receive depends on what kind of claim you file. 

Workers’ Compensation Benefits

Workers’ compensation construction accident claims utilize the employer’s insurance to cover medical expenses and a portion of lost wages. This is a no-fault system that does not require you to prove negligence. 

The amount of lost income you can claim depends on the current Illinois state average weekly wage. As of now, the maximum payment you can receive for temporary total disability is $1,974.73. 

Personal Injury Claim Damages

Personal injury construction accident lawsuits can provide more compensation, but they require you to prove that a certain party is at fault. You may receive compensation both for your hard financial losses and for how the injury affects your everyday life. This can include:

• Medical bills
• Lost wages
• Property damage
• Physical therapy and rehabilitation costs
• Home modifications and mobility aids
• Future medical care
• Loss of future income
• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life

Wrongful Death Damages

In fatal construction accident cases, surviving family members can claim damages for their loved one’s expenses before death and their grief. This includes:

• Medical expenses
• Funeral and burial expenses
• Loss of companionship
• Grief

What Is the Average Ladder Accident Payout in Illinois?

The average payout for ladder accidents in Illinois is $2,832,753, with a median of $1,150,000. Your compensation will depend on your expenses, the type of claim, the availability of insurance, the strength of the evidence, and the insurance company’s willingness to negotiate. 

Example Ladder Construction Accident Cases Filed in Cook County

Nardo Ovando, a painter, was painting the ceiling of a food processing warehouse on West Lake Street in Chicago. The ladder became stuck in a drain depression, leading to a fall and traumatic brain damage. He suffered injuries that included a skull fracture, brain bleed, and brain pressure that required a craniotomy. A jury awarded him $11,200,000.00.

Carlos Gomez was an apprentice worker at the Trump Tower on Wabash Avenue when he fell from the 86th floor to the 85th floor. Gomez suffered a herniated disc, a torn rotator cuff, torn ankle ligaments, and a broken tailbone. He required multiple surgeries and now suffers from a permanent limp. He settled with the insurance company for $3,750,000.00. 

Why You Need an Experienced Personal Injury Lawyer

These cases can be challenging because there are often several parties liable for the accident. This includes employers, manufacturers, contractors, and estate owners. 

However, proving liability is not always simple. If you are pursuing a civil suit, you must demonstrate that the negligent parties failed to uphold quality manufacturing standards or to adhere to OSHA fall protection regulations. Additionally, workers’ compensation can limit the amount of money you can receive, as it only pays for certain economic damages.

Our attorneys have over 100 years of combined experience in successfully navigating these complex cases. We can pursue product liability claims, premises liability claims, and workers’ compensation, depending on the specifics of the accident. Additionally, we are deeply familiar with all local statutes, OSHA regulations, and Cook County court procedures.

With our team at your side, you have a much higher chance of securing a fair settlement than what you could negotiate on your own. Additionally, we deduct our legal fees from your settlement, so you don’t need to worry about out-of-pocket expenses as you recuperate. 

How Common Are Ladder Accidents in Chicago?

According to the OSHA Chicago regional office, there have been 160 ladder accidents in the region since 2020. Construction accident statistics reveal 74 of the accidents were fatal, while the rest resulted in major injuries. 

Where Do Ladder Construction Site Accidents Occur Most Often in Chicago?

While ladder accidents can occur anywhere, certain locations are more hazardous than others. These include:

• Residential roofing projects in Wicker Park
• Humboldt Park residential painting projects
• Commercial HVAC and lighting work in the Loop
• West Side warehouse maintenance projects
• Retail renovations in Lincoln Park
• Restaurant renovations in Andersonville
• Facilities management for schools and churches
• State Street parking garage maintenance

What Laws Govern Ladder Accident Claims in Illinois?

Injured employees can use the Illinois Workers’ Compensation Act to secure a settlement that covers their medical treatment and time off work (820 ILCS 305). Unlike a civil claim, this system only requires that workers prove they were injured on the job and that they are an employee of the company.

However, a personal injury suit is also possible under the Premises Liability Act (740 ILCS 130/). This law holds businesses, homeowners, and property owners liable for negligence if they were aware, or should have been aware, of an issue but failed to rectify it.

The Illinois Supreme Court case Deibert v. Bauer Bros. Const. Co., Inc. ruled that companies can be held liable for injuries if they should have reasonably foreseen that a worker would be distracted, such as by checking below them for passersby. 

Personal injury suits require proving negligence. For ladder accidents, this can be a failure to adhere to federal regulations around safe ladder operation, such as OSHA Standard 1926.1053. In Chicago, companies can also be held liable if they fail to install guards that could have prevented falls (14B-10-1015). 

How Long Do I Have to Take Legal Action in Illinois?

For workers’ compensation, you have two years from the last payment from the company or three years from the date of the accident, whichever is later (820 ILCS 305/6(d)). Personal injury suits have a statute of limitations of only two years (735 ILCS 5/13-202), making it crucial that you contact a lawyer as soon as possible. 

Who Can Be Held Liable for Ladder Falls?

General Contractor or Subcontractor: If a contractor failed to set up a ladder properly, they can be responsible for your injuries.

Property Owner or Lessee: The Premises Liability Act enables victims to sue owners if they failed to mitigate potential risks.

Equipment Rental Company: Companies should always carefully examine equipment before renting it to anyone. If they fail to do so, they can be held responsible.

Ladder Manufacturer or Distributor: These cases could fall under failure to warn, such as when the manufacturer refuses to recall a faulty product or fails to provide safety instructions.

Maintenance Workers and Safety Personnel: These parties should carefully examine equipment and fix unsafe conditions. If a ladder accident happens due to their negligence, they can be held accountable.

Third-Party Vendors: On multi-employment job sites, such as construction sites with numerous contractors, other third-party contractors and vendors may be responsible for failing to communicate safety issues or rectify problems. 

Common Defenses in Ladder Accident Cases 

Insurance companies will do everything possible to diminish their responsibility and avoid paying your claim. These are some of the most common defenses, along with how we will effectively counter them using strong evidence. 

Contributory Negligence: This common defense states that you were primarily or wholly responsible for the ladder accident and therefore should not receive any compensation. A skilled accident lawyer will demonstrate that the defendant was primarily responsible through evidence such as surveillance footage, witness statements, expert testimony, and incident reports.

Failure to Follow Safety Procedures: The insurance company will argue that the accident was your fault because you weren’t paying attention or using fall protection. We can demonstrate otherwise using incident reports, surveillance footage, and witness statements.

Lack of Notice: Owners can only be responsible for unsafe conditions that they have been made aware of or should have noticed if they were paying attention. We can demonstrate that they should have known using OSHA compliance documentation, maintenance logs, and work records.

Ladder Was Not Defective: Manufacturers, repair companies, and equipment rental companies will argue that the ladder was in working order and was not responsible for the fall incident. Using ladder safety evaluations from construction experts, we can prove that the product was defective.

Victim Is Only Eligible for Workers’ Compensation: If you pursue a third-party lawsuit, the insurers will claim that because you were employed at the time of the ladder accident, you can only pursue a workers’ comp claim. However, we will prove liability through strong evidence and show the party’s contributory negligence.

Open and Obvious Hazard: In some cases, the defendant may argue that the victim should have been aware of the dangers associated with ladder accidents and taken additional precautions to mitigate the risks. Ladder safety experts can demonstrate that the potential threat was not obvious or that you were distracted by your work tasks at the time.

Lack of Continuance of Care: You must follow all doctors’ orders and continue all treatments, such as occupational therapy. Otherwise, the insurance company will argue that you are not as badly injured as you state and that you are not working to improve your medical conditions. 

Assumption of Risk: This defense asserts that you were aware of the danger and chose to continue working despite it. While ladder accidents are common, they should not be the expected outcome of a construction project. We’ll prove, using statistics and expert testimony, that you could not have assumed you would be in danger while following safe work practices. 

How to Build a Strong Ladder Injury Claim

Your actions after a ladder accident can have a significant impact on whether you receive compensation. Follow these steps as soon as possible.

• Seek immediate medical treatment at the closest emergency room, such as UChicago Medicine.
• Take photos of the accident scene and any contributing factors, such as a lack of safety equipment.
• Document the height of the fall and the ladder condition.
• Preserve evidence such as the ladder, your shoes and clothing, and any items found around the accident.
• Report the incident to your supervisor and request a copy of the incident report.
• Request the OSHA report of your accident. 
• Collect evidence like witness statements, medical records, photos of your injuries, as well as pain and suffering journals.
• Track your accident-related experiences like medical bills and lost wages.
• Avoid speaking about the accident in public or on social media before a settlement is secured.
• Do not speak to insurance companies or any third parties without an attorney present.
• Contact an experienced ladder accident lawyer as soon as possible for an initial consultation. 

How a Ladder Accident Lawyer Can Help

Our skilled attorneys will fight for the highest possible settlement for injured workers. This includes:

• Investigating worksite conditions, safety procedures, and incident documentation.
• Evaluating damages, including emotional distress and future treatment for physical injuries.
• Identifying liable parties, such as manufacturers, contractors, companies, third parties, and company management.
• Filing a workers’ compensation claim with the applicable insurance, if necessary.
• Filing personal injury, product liability, and premises liability claims as necessary.
• Collaborating with doctors, construction experts, and OSHA experts.
• Negotiating a settlement or filing a lawsuit with the Circuit Court of Cook County. 

FAQs

What legal fees do ladder fall injury attorneys charge?

We work on a contingency fee basis, meaning that legal fees are deducted from your settlement. You do not owe us anything unless we win your case. 

Can I sue my employer for a ladder accident at work?

Generally, you can only make a workers’ compensation claim against your employer, which will cover medical expenses and a portion of lost wages. However, we will also determine whether a third party could also be responsible,and then file a personal injury lawsuit against them. 

Can I still file a claim if I was partially at fault?

Workers compensation claims are a no-fault system, meaning you can seek compensation even if you were entirely at fault. For a personal injury claim, Illinois uses modified comparative negligence (735 ILCS 5/2-1116). This means everyone is assigned a portion of the blame, and you can only sue if you were less than 50% responsible. 

Can multiple parties be liable? 

Yes, our ladder accident lawyers can hold more than one party liable. This can include proprietors, manufacturers, third-party contractors, government agencies, and maintenance personnel. 

Book a Free Consultation With Our Experienced Legal Team

Our top-rated work injury lawyers in Chicago work on a contingency fee basis, ensuring everyone can afford high-quality legal representation. With a 98% success rate, we’ll fight hard to ensure you receive the highest possible compensation for workplace injuries. Call us today for a free initial consultation and explore your legal options.