Had an accident on a ladder? Have you been involved in a workplace ladder accident? Using a ladder in the workplace is subject to strict rules. What exactly are these rules? And what if, despite everything, you had a ladder accident? You can hold your employer liable and claim compensation for your losses.
Accident on a ladder, what are the rules?
How high can work be done on a ladder?
Standing height on a ladder is preferably a maximum of 5 metres, and in certain cases an upper limit of 7.50 metres. For standing height, we look at where you are standing on the ladder. So: how high are your feet? To determine the working height (the height of the hand), add about 2 metres. The stated maximum standing height of 7.50 metres therefore means a working height of about 9.50 metres. The fact sheet Ladders en trappen from knowledge and advice centre Volandis explains.
Working conditions act: ladder is not a workplace
Under this law, the basic principle is that the ladder is not allowed to be used as a workplace if another and safer means can be used. Such as, for example, an aerial work platform or scaffolding. Ladders are mainly for getting to the workplace, not for use as a workplace.
When can a ladder be permitted anyway?
In some exceptional cases, the use of a ladder as a workplace is allowed:
- Using a ladder is allowed if, for example, the workplace cannot be reached with an aerial work platform or because there is not enough space for a mobile scaffold. The point is that the situation cannot be changed. If there is something in the way that can be moved then the exception does not apply.
- The use of a ladder is also permitted if the use of other work equipment poses other safety risks. Consider dangerous traffic situations if an AWP has to be on the roadway.
Lower cost of a ladder compared to other work equipment is not an argument for using a ladder. Very occasionally, for example when there is a short duration of use and a low safety risk, an exception can be made.
Instructions, information and supervision by the employer
In the exceptional cases where it is allowed to use a ladder as a workplace, an employer must always ensure that his employees can work safely and healthily on the ladder. It is therefore important that the employer gives his employees proper instructions and information on how to handle a ladder. The employer must also ensure that employees carry out his instructions.
Rules for working on a ladder: the figures
Height of the ladder
- Lower than 5 metres, use of a ladder is allowed.
- Between 5 and 7.5 metres: consultation between employer and employee necessary.
- Higher than 7.5 metres: use of a ladder is not allowed.
How long will the job take on the ladder
- Jobs last less than 2 hours: ladder is allowed.
- Jobs last between 2 and 4 hours: consultation between employer and employee necessary.
- Jobs last longer than 4 hours: ladder is not allowed.
Reach on ladder
- 1 arm length: ladder may be used.
- More than 1 arm’s length: ladder should not be used.
The force the worker has to use to do the job is also important and the wind force at the time.
Accident on a ladder: is the employer liable?
Have you had an accident on a ladder? In most cases, your employer is liable for your damages. Especially if the above rules have been violated. If the employee has to perform jobs on a ladder that violate these rules and an industrial accident occurs, the employer will be liable.
Strict employer duty of care
Employers have a strict duty of care. The law states that the employer must ensure that the materials the employee works with and the workplaces where he performs the work are safe. He must also behave as a good employer. What that means can be interpreted in different ways. But the bottom line is that in the event of an industrial accident, the employer is liable for the employee’s damages in the majority of cases. This also means that your employer is well insured against industrial accidents. In most cases, the relationship with your employer also does not have to be disrupted if you claim compensation for your personal injury.
Accident on a ladder, how do I claim compensation?
When you suffer a workplace accident, you are entitled to compensation for your losses. You may be reimbursed by the liable party for the following damages, among others:
- Any medical expenses you incur for the purpose of your recovery
- Travel expenses you have to incur as a result of the accident
- Lost income, pension accrual and any income from undeclared work
- Compensation for help in and around the house that you have to hire
- Compensation for pain, stress and suffering caused by the accident: damages
Holding your employer liable
It is important to hold your employer liable soon after the industrial accident. How do you do this?
- Ask colleagues present at the accident to explain what happened
- Report the accident to your employer
- See a GP or other medical specialist as soon as possible to have your symptoms treated and to prove medical causality
- Hold your employer liable by means of a liability letter
- Keep close track of your symptoms and the expenses you incur as a result of the accident
Also consider seeking free legal assistance. Want to know more about how to hold your employer liable? Read it here.
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