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The Reality of Falls From Height in the Workplace
A fall from height claim is a legal action for workers injured in falls to seek compensation for medical costs, lost wages, and suffering when employer negligence is a factor.
Key aspects of fall from height claims:
- Who can file: Workers injured falling from ladders, scaffolding, roofs, or other liftd surfaces
- Legal basis: Employer violations of OSHA safety standards or failure to provide adequate protection
- Compensation covers: Medical bills, lost income, future care needs, and pain and suffering
- Time limits: 2 years in Pennsylvania, 2 years in New Jersey from the accident date
- Common causes: Inadequate safety equipment, poor training, defective equipment, or unsafe work conditions
Falls from height are a leading cause of serious workplace injuries and fatalities. According to the Health and Safety Executive, falls from height resulted in 50 workplace deaths in 2023/24. In the construction industry, these accidents account for a staggering 54% of all work-related deaths. Even falls from two meters or less can cause catastrophic injuries like spinal cord damage, traumatic brain injuries, and multiple fractures.
These cases often involve complex questions of employer responsibility and long-term medical needs, which can affect a worker’s ability to earn a living for life.
I’m Jason Fine, a Pennsylvania Super Lawyers nominee with over 25 years of experience in fall from height claim cases. My team and I have secured some of the top workplace accident verdicts in Pennsylvania, and we fight to ensure injured workers receive the full compensation they deserve.
Navigating Your Fall From Height Claim: A Step-by-Step Guide
When you’ve suffered a fall from height at work, understanding your legal rights is crucial for securing the compensation you deserve. This guide walks you through the process, from establishing who’s responsible to protecting your rights from day one.
Establishing Liability: Employer Duties and Negligence
The foundation of a successful fall from height claim is proving your employer’s negligence caused the accident. Employers have a legal duty to provide a safe work environment, mandated by OSHA regulations. When they fail to meet these standards, they can be held liable.
This responsibility includes conducting risk assessments, providing proper safety equipment (harnesses, guardrails, etc.), and training employees on its safe use. Negligence occurs when employers cut corners, such as providing defective equipment or failing to install safety features.
The most common causes of workplace falls include:
- Defective or poorly maintained ladders and scaffolding
- Inadequate fall protection equipment (e.g., missing harnesses, faulty anchor points)
- Lack of proper safety training
- Unsafe work surfaces (wet, cluttered, or unstable)
- Failure to conduct risk assessments
While common in construction, these preventable accidents can happen in any industry. Scientific research on OSHA’s Fall Protection standards confirms that adherence to safety protocols prevents most falls. Building a liability case involves investigating safety records, training logs, and witness statements. For more on employer responsibilities, see our workplace accident law firm complete guide.
The Immediate Aftermath: Critical First Steps After a Fall
The steps you take immediately after a fall are critical for both your health and your legal rights.
- Seek Immediate Medical Attention: Your health is the priority. Go to an emergency room or urgent care, even if you feel okay. Adrenaline can mask serious injuries, and this visit creates a medical record linking your injuries to the accident.
- Report the Accident: Formally report the incident to your employer in writing. Ask for a copy of the accident report for your records.
- Document the Scene: If it’s safe, take photos of the location, equipment, and any hazards that caused your fall. This visual evidence is powerful.
- Gather Witness Information: Get contact details from anyone who saw the accident. Their testimony can support your claim.
- Preserve Evidence: Do not allow the equipment involved to be moved or repaired. Keep any damaged safety gear or torn clothing.
- Avoid Recorded Statements: Be careful what you say to insurance adjusters. Avoid giving a recorded statement without consulting an attorney, as your words can be used against you.
- Contact an Attorney: The sooner you involve a lawyer, the better we can protect your rights and preserve evidence. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Building a Strong Fall From Height Claim: Evidence and Deadlines
A successful fall from height claim requires strong evidence and adherence to strict deadlines. Key evidence includes:
- Medical Records: These documents prove the extent of your injuries, treatment, and prognosis. Keep all hospital records, doctor’s notes, and receipts.
- Accident Reports: The official report filed with your employer (and potentially OSHA) documents the incident.
- Photos and Videos: Visual proof of unsafe conditions or faulty equipment is highly persuasive.
- Witness Testimony: Independent accounts add credibility to your claim.
- Expert Witnesses: Safety engineers, medical specialists, and vocational experts can explain complex issues and calculate future losses.
Time limits are critical. In both Pennsylvania and New Jersey, you generally have two years from the date of your accident to file a fall from height claim. Missing this deadline means you lose your right to compensation. It is crucial to act quickly, as evidence can disappear and memories fade.
Our team understands the deadlines and legal nuances in both states. For more on local laws, see our Pennsylvania slip and fall page. Contacting us early allows us to build the strongest case, leveraging our 98% success rate for you.
Securing Your Future: Compensation and Legal Support
After a fall from height, you face medical bills, lost income, and an uncertain future. A fall from height claim is designed to address these challenges and help put your life back together.
Understanding Your Compensation: How Payouts Are Calculated
Compensation for a fall from height claim is calculated to cover all the ways an injury affects your life. It is divided into two main categories:
Economic damages cover your tangible financial losses. This includes:
- Medical Expenses: All costs from initial emergency care to future surgeries, physical therapy, and medication.
- Lost Wages: Income you’ve already lost while unable to work.
- Loss of Future Earning Capacity: Compensation for a reduced ability to earn an income due to your injuries.
Non-economic damages compensate for the non-financial impact of your injuries, such as:
- Pain and Suffering: For the physical pain and emotional distress caused by the accident.
- Psychological Trauma: Including anxiety, depression, or PTSD resulting from the fall.
Falls from height often cause life-altering injuries like complex fractures, spinal cord injuries leading to paralysis, and traumatic brain injuries (TBIs) that can affect memory, personality, and cognitive function. The final compensation amount depends on the severity of your injuries and their long-term impact, which is why we work with medical and vocational experts to build a comprehensive claim.
Common Questions About Filing a Fall From Height Claim
Here are answers to common questions about filing a fall from height claim.
“What if I was partially at fault?”
You can still recover compensation. Pennsylvania and New Jersey use comparative negligence rules, meaning your compensation is reduced by your percentage of fault. Even if you made a mistake, your employer may still be primarily liable for failing to provide a safe environment.
“How long will my case take?”
The timeline varies. Simple cases may resolve in 6-12 months, while complex claims with severe injuries or disputed liability can take longer, sometimes years if a trial is necessary. We will not rush a settlement and will keep you informed throughout the process.
“What if a loved one died in a fall?”
In the tragic event of a fatal fall, the family can file wrongful death and survival action claims. These seek compensation for the family’s financial and emotional losses, as well as the suffering the victim endured before their death.
“Can my employer fire me for filing a claim?”
No. It is illegal for an employer to retaliate against you for filing an injury claim. We can address any such retaliation as a separate legal violation.
Why Partnering with an Experienced Attorney Matters
Handling a fall from height claim alone means facing insurance companies whose goal is to minimize your payout. An experienced attorney levels the playing field.
We work on a contingency fee basis, so you pay no fees unless we win your case. This means there is no financial risk to you. We know how to counter insurance company tactics, like lowball settlement offers and requests for recorded statements designed to weaken your claim.
With over 25 years of experience, we understand the complexities of OSHA regulations and state liability laws. Our 98% success rate and over $50 million in settlements reflect our commitment to thorough investigation and aggressive representation. We handle the legal battle so you can focus on your recovery.
If you’ve been injured in a fall from height in Pennsylvania or New Jersey, don’t wait. We offer rapid attorney response because time is critical. Contact our Bucks County personal injury law office for a free consultation to review your case and understand your options. Let us fight for the compensation you deserve.