Dangerous Conditions Do Not Save the Case

When there has been a worksite injury, the fact that the conditions are frequently dangerous does not help your workers’ compensation claim.

 

Just as harmful conditions on the waterfront can raise tides and currents, it is important to be aware of your surroundings and potential dangers. Remember to follow safety protocols and report any suspicious activity.

In a case, successfully handled by the ABRAMS LANDAU injury team, the injured worker fell off a roof, shattering both ankles. The Workers Comp Insurance Company denied the claim, alleging that the worker did not have on his safety harness at the time of the fall. One of the defenses in an otherwise “no fault” workers compensation case is the wilfull refusal of a known and enforced safety rule. Where a worker is found to be drunk, stoned, or in violation of a relevant safety process, they can be denied ALL workers compensation benefits.

The injured worker told Doug Landau that he was not wearing his harness when he fell from the roof.

The injured worker countered that the boss made them go up on the roof, despite the workers pointing out that it was raining and there were heavy winds. The boss countered that they were behind schedule, over budget, and that the workers could either go up on the roof or lose their jobs.

So, the client who had been with the company for several years and was an award-winning employee, went up on the roof. It was only when he was putting in the last piece of shingle, and had to unhook his safety belt, that he slipped, fell, and fractured numerous bones in his ankles and feet.

Roof work is dangerous. THe insurance premiums for employers who carry the required workers comp insurance is very high for this dangerous trade. When there is a fall, the insurance companies look immediately to see if safety procedures were followed.

The preliminary indication was that the judge would be unimpressed with the bad weather and dangerous conditions. Furthermore, there was no OSHA investigation of this workplace injury.  The Landau law team has found Virginia’s OSHA office to be significantly underfunded and understaffed. They have not been an effective presence in the 40 years that Doug Landau has been helping injured workers.

The Abrams Landau team was able to win the case by demonstrating that, although the worker did not have his safety belt hooked to the roof at the time of the fall, he had numerous safety awards showing that he adhered to company rules. In addition to putting on evidence of this worker’s adherence to the company safety policy, lawyer Landau also demonstrated that the rule was not enforced.  ABRAMS LANDAU hired a private investigator. With the video surveillance taken by the private investigator, Doug Landau was able to prove that the supervisor, boss, and coworkers frequently did not wear their safety harnesses clipped in, especially when finishing off the apex of a roof job.

If you, or someone you care for, have been injured due to dangerous conditions at your workplace of have been disabled under similar circumstances, please do not hesitate to contact us please contact us at frontdesk@landaulawshop.com or call 703-796-9555.