Can I Get Workers' Comp if I Fell Off a Roof or Ladder While Working in MA?

Falling off a roof or ladder is a common workplace accident, especially in construction, roofing, and maintenance jobs. In Massachusetts, workers' compensation laws provide critical protection for employees who suffer such injuries. This article explores the circumstances under which you may qualify for workers' comp if you fall off a roof or ladder while working in MA, the claims process, and key considerations for workers and employers.

Understanding Workers' Compensation in Massachusetts

Workers' compensation is a state-mandated insurance program that provides benefits to employees who experience work-related injuries or illnesses. In Massachusetts, nearly all employers are required to have workers' compensation insurance, covering medical expenses, lost wages, and rehabilitation costs. As stated by the Massachusetts Executive Office of Labor and Workforce Development, the purpose of workers' compensation is to make sure that injured workers receive the care and financial support they need to recover without the burden of proving fault or negligence.

Key Benefits of Workers' Compensation in MA:

• Medical Expenses: Covers all reasonable and necessary medical care related to the injury.
• Lost Wages: Provides a percentage of the employee's average weekly wage during the period of incapacity.
• Rehabilitation Services: Covers physical therapy, vocational rehabilitation, and other necessary services.
• Permanent Disability Benefits: Offers compensation for employees who suffer permanent injuries.

Eligibility for Workers' Comp After a Fall from a Roof or Ladder

If you fell off a roof or ladder while working in Massachusetts, you are likely eligible for workers' compensation benefits, provided you meet specific criteria. The key factors that determine eligibility include:

Employment Status: You must be an employee, not an independent contractor. Workers' comp laws generally do not cover contractors, but the distinction between an employee and a contractor can be nuanced. Massachusetts courts consider various factors, including the degree of control the employer has over the worker and the nature of the work performed.

Work-Related Injury: The injury must occur in the course and scope of employment. If you were performing job-related duties, such as roofing, painting, or maintenance when you fell, your injury would likely qualify as work-related.

Timely Reporting: You need to report the injury to your employer ASAP. While the statute of limitations for filing a workers' compensation claim in Massachusetts is four years from the date of injury, delaying your report can jeopardize your eligibility for benefits and complicate the claims process.

Common Causes of Falls from Roofs and Ladders

Falls from roofs and ladders are often due to unsafe working conditions, lack of proper equipment, or inadequate training. Understanding the common causes can help workers and employers prevent such accidents:

• Unstable Ladders or Scaffolding: Improperly secured ladders and scaffolding can easily lead to falls.
• Slippery Surfaces: Wet or icy roofs and ladders increase the risk of slipping.
• Lack of Fall Protection: Failure to use safety harnesses, guardrails, or other fall protection measures.
• Improper Use of Equipment: Incorrect ladder positioning or using ladders for unintended purposes.
• Inadequate Training: Insufficient training on safely using ladders and fall protection equipment.

Steps to Take After a Fall Accident

If you fall from a roof or ladder while working, it is crucial to take the following steps to protect your health and your right to compensation:

1. Seek Immediate Medical Attention: Some injuries might not be immediately noticeable, even if you initially feel fine. Getting a medical evaluation is essential for your well-being and provides documentation for your claim.
2. Report the Injury to Your Employer: Inform your employer of the accident as soon as possible. Provide details about how and where the fall occurred.
3. Document the Incident: Take videos and photos of the accident scene, your injuries, and any conditions that contributed to the fall. Gather witness statements if possible.
4. File a Workers' Compensation Claim: Submit a Form 110 – Employee Claim to the Massachusetts Department of Industrial Accidents (DIA).
5. Consult with an Attorney: Consider consulting a workers' compensation attorney, especially if your claim is denied or if there are disputes regarding the extent of your injuries or benefits.

Challenges in Workers' Compensation Claims for Falls

While most workers' compensation claims in Massachusetts are straightforward, some cases involving falls from roofs or ladders can present unique challenges:

• Disputes Over Employment Status: Employers may classify workers as independent contractors to avoid liability. Understanding your employment status is critical.
• Causation Issues: Employers or insurers may argue that the fall was not work-related or was due to employee negligence. Clear documentation and witness testimony can help overcome these challenges.
• Pre-existing Conditions: If you have a pre-existing condition that was exacerbated by the fall, proving that the injury is work-related can be more complex.

The Role of OSHA in Workplace Safety

OSHA (the Occupational Safety and Health Administration) establishes regulations for fall protection and sets workplace safety standards. Employers in Massachusetts must comply with OSHA's guidelines, which include:

• Providing proper fall protection equipment.
• Ensuring ladders and scaffolding are stable and secure.
• Training employees on fall prevention and safety protocols.

Non-compliance with OSHA standards can not only result in fines but also impact workers' compensation claims if negligence is proven.

Conclusion

In Massachusetts, workers who fall from roofs or ladders while on the job are generally entitled to workers' compensation benefits, provided they meet the eligibility criteria. Knowing your rights, promptly reporting any injuries, and consulting with a knowledgeable lawyer will help you secure the compensation you are entitled to. Preventing such accidents through proper safety measures and training is equally critical to maintaining a safe work environment.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.?

Contact us now for a free legal review.