Hello,

This sound like a straightforward workers compensation claim. You should request a form at work to file the claim and/or contact a reputable workers comp attorney in your geographic area.

Thanks,

Arkady Itkin

You are entitled to receive medical treatment, temporary disability benefits, a settlement for permanent disability and future medical treatment paid by your employer. You don't have to apply to medicare or social security for any benefits. It appears that you are in southern California area, Feel free to call us at 213.388.7070 for a free consultation.

I assume, from your question, that this incident has been covered by workers comp and disability. In addition to the benefits described by Mr. Moheban, you may be entitled to additional damages (e.g., pain and suffering and losses not covered by workers comp or disability) if the accident was caused, in whole or in part, by the negligence of a third party (not yourself or your employer). An example would be a defect in the ladder that caused it to break (ladders are not supposed to break if used properly!), in which case you may have a claim against the manufacturer and/or the company that sold or supplied the ladder.

You should certainly discuss this possibility with Mr. Moheban or any other lawyer that you consult with.

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I certainly agree that if this ladder was defective and failed you would be entitled to pain and suffering damages from the ladder manufacturer, separate and above your work comp benefits. I would be glad to discuss this with you and of course there is no out of pocket legal fee to you. It is entirely contingent upon my ability on recovering on your behalf and come out of the settlement. By the way, if your employer knew or should have known that the ladder was defective or in an unsafe condition you might be entitled to an additional 10% penalty from your employer under the work comp provisions for allowing you to work in a dangerous working environment. You should consult an attorney. I hope this helps. Bob Worth (818) 222-2433