The West Virginia Ladder Accident Lawyers at the Fitzsimmons Law Firm recently obtained a settlement on behalf of a worker who sustained a serious workplace ladder fall injury. The worker brought a "deliberate intent" claim against his employer pursuant to W.Va. Code § 23-4-2(d)(2)(ii) alleging that the employer violated multiple Occupational Safety and Health Administration (OSHA) regulations, ANSI Standards, and general industry standards which proximately caused his injuries. Specifically, the worker alleged that the employer intentionally exposed him to specific unsafe working conditions in that it failed to provide a work environment free of identified hazards; failed to implement a safety and health program; failed to provide training in the proper and safe use of ladders; failed to conduct a job safety analysis (JSA) and/or hazard assessment; allowed unsafe work procedures and behaviors by failing to properly supervise the work being performed by employees; used a ladder of insufficient height for its intended use in that it did not extend 3 feet above the stepping off point; failed to place the ladder at an angle such that the horizontal distance from the top support to the foot of the ladder is approximately one-quarter of the working length of the ladder; failed to place the ladder at a slope of 75.5 degrees to avoid sliding; failed to place the ladder on stable and level surfaces; used the ladder on slippery surfaces without securing it or providing slip-resistant feet to prevent accidental movement; and failed to secure the top of the ladder to the upper access level.
The injured worker's wife also had a loss of consortium claim which was included in the settlement. As part of the settlement, the plaintiff also gets to keep all of his workers' compensation benefits.