I fell from a faulty ladder and broke my hip at work, do I sue my boss or the ladder company?

Workplace injuries are commonplace. Indeed, each and every week, thousands of people across the country are injured while at work. When this happens, a worker may have more than one avenue available to obtain compensation for an injury. If you were on a ladder at work, fell and broke your hip you now wonder whether you sue your boss or the ladder company.

Employer Liability

Falling from a ladder while at work likely gives rise to a worker’s compensation claim. This type of claim presumes that you were on the ladder at the time of the accident pursuing a task on behalf of your employer. If you happened to be on the ladder outside of the scope of your work duties — for example, if you were “horsing around” at the time — you may face a roadblock in pursuing a worker’s compensation claim.

In some cases, an accident may occur at a workplace that results in the need to pursue a legal action above and beyond or instead of a worker’s compensation claim. In such a situation, the lawsuit typically is pursued against the business itself.

Only in some very limited situations would you sue your boss directly if you are injured in the workplace. As noted, one course would be filing a worker’s compensation claim against the company you work for, but not the boss his or her self. For example, you might sue your boss personally if he owns the business and the company is what is known as a sole proprietorship. You might sue your boss directly if he engaged in particularly egregious conduct that caused the accident, giving rise to your injuries.

Other Third Party Liability

If there is a defect in the ladder, you may be able to sue the ladder company in addition to taking legal action against your employer. Legal action against the ladder company may be appropriate (and necessary) if there exists a defect in the design or the construction of the ladder that caused or contributed to your injuries.

To contact an attorney regarding an accident you were involved in at work , email us or call 973.324.9711 today.