Injury from Falling - Workers Compensation

Nashville Workplace Fall Lawyers

Experienced advocacy for workers who fall on the job around Nashville, Hendersonville, or Clarksville

Falls are a leading cause of death and serious injuries for workers. For workers who survive a fall, the consequences can range from broken bones to brain damage to permanent paralysis and every type of injury in-between.

Because the results of a fall are so serious, you want an attorney who is just as serious about protecting your rights as a worker. At Rocky McElhaney Law Firm in Nashville, we treat the victims of workplace injuries with the respect and compassion they deserve. Our founder, Rocky, knows first-hand how a denied workers’ compensation claim can devastate a family. Our entire team has dedicated itself to making sure that any worker who is injured on the job gets the help they need. If you or your loved one was injured in a work-related fall, we have the skills and experience to help you.

"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."

~ Rocky

How dangerous are workplace falls?

The National Safety Council states that in 2020, 805 workers died in falls, and 136 workers died from falls on the same level. More than 210,000 workers were injured severely enough to need to take time off from work.

For adults who work, depending on the industry, falls may be the main cause of death. In 2020, 42,114 people died in falls at home. Given how many people have been working from home since 2020, these falls could potentially be work-related injuries.

What are the causes of a workplace fall in Nashville?

Your employer has a duty to keep your job safe for workers. When a workplace is unsafe, violates OSHA safety standards, or violates local building codes, your chances of sustaining a serious injury increase. We represent workers in all industries who are injured due to a fall at work. Some of the many causes of workplace falls include:

  • Ladder and scaffolding accidents.An improperly placed ladder can shake or wobble and may not support the weight it claims to handle. A poorly weighted scaffold can fall, and defective chains can snap.
  • Failed safety gear. If your harness fails to support you, or if your hard hat cracks, you can suffer broken bones or brain injuries. If your employer or manager failed to erect guardrails or stanchions or if your equipment was not properly inspected, your employer or manager may be responsible for your injury.
  • Unsupported construction material.Unsupported building pieces such as beams, pipes, and concrete blocks can easily knock you off a ladder or cause your ladder or scaffold to become unbalanced.
  • Unclear walkways.Wherever you work, you need unobstructed paths to get from Point A to Point B. We have successfully assisted a client who slipped because of oil on the floor, as well as a client who tripped and fell into an assembly line.
  • Weather hazards.Your employer is responsible for ice, snow, and water that may collect in or around your workplace. If you fall on a patch of ice or misjudge a step because of snow or standing water, we can help you file for workers’ compensation.
  • Spills and debris. The floors, parking lots, and workplace grounds should be kept clear at all times. Workers have the right to focus on their jobs instead of constantly checking where they’re walking. Employers should regularly inspect their premises for slippery conditions and objects that may cause a slip and fall or a trip and fall. For example:
    • Restaurants and grocery stores should check for spilled liquids.
    • Manufacturing sites need to check for sand, dirt, residue, and many other types of debris.
    • Professional offices and virtually every workplace should check for loose wires and cables.
  • Other causes. Other reasons workers may fall include unlevel ground; lack of education on how to use machinery and equipment; and failure to wear slip-resistant shoes.

Employers, in addition to conducting routine inspections, should have safety protocols in place that the supervisors and workers can follow. The workplace should have the proper lighting. If a dangerous condition exists such as broken tiles or spilled liquids, the employer should place a warning sign at the dangerous location. Many workers should wear helmets.

No matter what caused your fall, we stand ready to protect you. Rocky McElhaney Law Firm is known throughout Tennessee for our fierce litigators, aggressive negotiators, and successful track record. We have a wide array of resources at our disposal to help us build your case.

What rules and regulations govern falls in the workplace?

The Occupational Safety and Health Administration (OSHA) has regulations that are designed to reduce the risk of falls in the workplace. For example, OSHA requires employers to:

  • “Provide working conditions that are free of known dangers.
  • Keep floors in work areas in a clean and, so far as possible, dry condition.
  • Select and provide required personal protective equipment at no cost to workers.
  • Train workers about job hazards in a language that they can understand.”

OSHA has fall protection standards for the construction industry. OSHA also has fall protection standards for non-construction work. OSHA also has safety and health standards specifically tailored to Tennessee.

What are my rights if I’m an injured employee in Nashville?

Employees who fall at work generally must file a Tennessee workers’ compensation claim. Employees need to show they:

  1. Suffered their fall while they were working for their employer
  2. That they notified their employer promptly about the fall
  3. That the fall caused their injuries

Our Nashville workplace fall lawyers demand compensation for all your medical bills. This includes any bills related to keeping your condition stable after all the initial treatments and surgeries are complete. To maximize their health, workers are entitled to temporary benefits (about 2/3 of their average weekly wage) while they are not working. Workers who have a permanent disability (partial or full) may be entitled to additional wage loss benefits.

What are my rights if I’m not an employee, but I’ve been hurt on the job?

Contractors generally must prove the employer was negligent. For example, Rocky McElhaney Law Firm often questions whether the employer complied with the OSHA regulations; state and local regulations; and the safety standards for their industry.

If an employer caused you to fall, then we file a personal injury claim where we demand compensation for all your medical bills; lost income; pain and scarring; loss of function of a body part; pain and suffering; and other damages to your life due to the fall.

Both employees and contractors may have a product liability claim against a manufacturer if their defective equipment (such as a defective ladder) caused the fall.

What types of injuries do workplace falls cause in Nashville?

Workers who fall often suffer severe injuries. Some workers never fully recover. Our Nashville workplace fall attorneys handle all types of serious workplace injuries including:

Rocky McElhaney Law Firm also files for workers’ compensation death benefits for employees and wrongful death actions for contractors on behalf of their families.

Do you have a workplace fall lawyer near me?

Rocky McElhaney Law Firm has two offices in Nashville: one at 545 Mainstream Dr., Suite 105 and one at 615 Main Street, B21. We also have state-of-the-art offices in Hendersonville and Clarksville. If you are too injured to come to our offices, we will make home and hospital visits. You can also schedule a phone or video consultation.

All initial consultations are free. We handle work injury claims and personal injury claims on a contingency fee basis.

Putting the rights and futures of Tennessee workers first

A fall, no matter how minor it seems to be, can lead to a number of health complications down the road. Rocky McElhaney Law Firm in Nashville has devoted itself to protecting workers who were injured while working for their employer. To schedule a free consultation with a trusted workers’ compensation attorney/personal injury attorney, please call 615-425-2500 or fill out our contact form.