Fell Off a Roof While Working Construction...

by J

I worked for a construction company in California and was sent to Nevada for a job. I was on a roof replacing shingles, not tied, and I slipped and fell on my back on a brick fence. I passed out momentarily and regained consciousness, then felt that my back was out of place and hurting.

A lot of workers saw me fall but no one called the medics because they said the hospital was too far. I did not have my truck as I was driven to the work site.

My manager just told me to take a break and then work again. I worked 4 days feeling ill and in bad condition until I was returned home. I went to the clinic when I got home and they found I had broken ribs and a really messed up up back. What legal action should I take?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Fell Off a Roof While Working Construction...":

J (California):

You have several avenues to think about pursuing:

First: If your employer was covered by workers compensation insurance you should immediately file a claim. Once filed you will have free access to medical doctors, chiropractors, and if necessary, physical therapists.

If those doctors believe it will be in your best medical interest to remain away from work while you are treating and recovering, you should be paid a majority of your wages until such time as you are cleared to return to work.

Second: If your employer did not have workers compensation insurance you have the right to pursue a legal claim against her. In this case contact her and explain you were injured on the job. Tell her your injuries required medical care and may require time off for treatment and recovery.

If your employer has liability insurance ask her to give you the name and telephone number of the insurance company. Call and file a claim. You will be routed to an insurance claims adjuster who will take your recorded statement. Her job is to investigate the claim and decide whether to accept liability on behalf of her insured, or not to.

If she accepts liability she should authorize payment for future medical, chiropractic, and physical therapy as well as an amount for any of your related out of pocket injuries such as prescription and over the counter medication and aids. She should also authorize payment for any of your lost wages related to your treatment and recovery period.

Third: If your employer wasn't insured at the time of your injury you have a right to pursue legal action against her. To do so would probably require the assistance of a qualified personal injury attorney. Most will not charge any fee for an initial office consultation. Hope all this helps.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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