Fontana, CA asked in Workers' Compensation and Construction Law for California

Q: I was trying to service an ac unit on the 2nd roof of a townhouse a roof tile broke under my ladder, broke my ankle

I am trying to see how to move forward with this. I got up on the first roof then my co worker handed me the ladder to get to the second roof I secured it got up about 3 steps then the roof tile broke my ladder slid and my weight the the weight of my ladder came down on my right ankle and broke it in 2 spots and dislocated it. I am going to be getting surgery in a week or so. There was no proper roof access the only way up was by a ladder.

1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: This is a classic Workers Compensation claim. to 'move forward', you get a REAL ortho surgeon from the comp insurer's approved list, do NOT let the comp insurance adjuster or the boss pick your treating physicians or you won't be happy. But you need the list of approved physicians, the MPN list, and you need to now who writes requests and reports for the worker (and not for the benefit of the insurance company). THAT's where the attorney comes in. An experienced attorney will pick the physician that writes what you say (instead of writing what the adjuster wants to hear), requests what you really need (instead of returning you to full duty in 4 weeks when you're still on a cane), and writes you have the highest rateable disability at the end of your healing, for your maximum recovery. The insurance company's doctor will write you have fully recovered, whether you have or not, getting you zero. IF THIS BOSS knew the facility had a life-threatening access and ordered you up there anyway, that is a 'Serious & Willful Misconduct of Employer' petition for an added $50,000 in penalties. But you have to have proof the boss knew this was going to result in injury, which is nearly impossible to prove. Has anyone doing this job been hurt at this site doing this task? Be certain when you interview attorneys you have an attorney who has filed and prevailed on an S&W Petition. Ask to see a sample of an S&W Petition. IF they can't show you a successful S&W Petition, find another lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.