Accidents involving scaffolding collapses can often leave workers with serious injuries and disabilities they need help recovering from. Our attorneys can help you get that relief by filing Workers’ Compensation claims on your behalf.
While your employer’s insurance carrier is likely to deny your initial claim, we can fight before a Workers’ Comp Judge (WCJ) to get your claim petition granted, paying you the benefits you need to recover after a work-related scaffolding collapse. This can include payment for all of your medical bills and rehabilitation related to the accident, plus indemnity benefits for the wages you will miss out on during your recovery.
For a free case evaluation, call (267) 651-7945 to speak with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers.
Filing for Workers’ Compensation for a Scaffolding Collapse in Allentown, PA
Scaffolding collapses that happen at work are often grounds for a Workers’ Compensation claim. Injured employees in all industries – whether you are a painter, construction worker, mason, or general construction worker – should be able to file Workers’ Comp claims after a work-related accident, paying them for their injuries.
Qualifying Workers
All employers in Pennsylvania need to carry Workers’ Compensation insurance to pay for their employees’ injuries. Note that the key word here is “employee”; Workers’ Comp does not cover independent contractors. This can be complicated when it comes to the kinds of workers that commonly work with construction and scaffolding, given their sometimes unclear work status. In any case, our lawyers can analyze your situation and determine your status and whether you qualify for coverage.
Usually, you are covered as an employee if you meet the legal definition of “employee” and the accident happened within the scope of your work. Generally, an employee will be a worker whose work is directed by a boss or supervisor, who has time restrictions placed on their work, and whose performance is monitored by their boss. These workers often do not contract for the work themselves or advertise under their own name; they work for a company and get a W-2 from that company.
If you are instead an independent contractor if you sign a contract to do a specific job, work under your own supervision, work on your own time (convenient for the client, of course), and get paid with a 1099.
Things are even more confusing because sometimes contractors (e.g., a general contractor) have employees of their own, and the general contractor needs to cover their employees with Workers’ Compensation insurance. Other times, those workers are subcontractors instead of employees.
Work-Related Injury
Injuries are considered work-related and qualify for Workers’ Comp if they happen within the scope and course of your employment. This means that painters injured while painting, masons injured while laying stone, and carpenters injured while framing should all be able to seek compensation, as should any other worker injured in a scaffolding collapse while doing their job.
Qualifying Injuries
Injuries must also be disabling to get Workers’ Comp benefits for your lost earnings. This means that, because of the injury, you cannot return to work at full capacity. If you can work part-time or with restrictions, then you might still be able to make some income – but if you are below your previous earning capacity, you should still be entitled to at least partial benefits.
Benefits for Workers’ Comp
Workers’ Compensation should pay for all medical care to treat a work-related injury like a scaffolding collapse injury. This should include anything from surgeries to crutches to physical therapy/rehab. You should also be able to get around 2/3 of your lost earnings paid back, whether that is 2/3 of the money you made before a total disability or 2/3 of the difference between what you made before the injury and what you make now. There may also be monetary payments available for permanent injuries, amputations, lost function, facial scarring, or lost vision/hearing brought about by the collapse.
Examples of Workers Who Can File for Workers’ Comp for a Scaffolding Collapse in Allentown
All kinds of workers in construction, renovations, and building use scaffolding for many parts of their jobs. For example, a painter may erect scaffolding rather than having to slide a ladder over every five minutes, especially if they need to reach walls and ceilings or are painting a very large room. Masons and bricklayers often need to use scaffolding to put a façade on a building, repair stonework, or review damage before repairs begin. Even a power washer or window washer might set up scaffolding to make their job easier.
All kinds of work require scaffolding usage, and all kinds of employers, supervisors, and other workers should be equipped with the knowledge and training to set up scaffolding safely, following OSHA standards. When they do not, accidents can happen, potentially even leaving you with long-term injuries and disabilities.
Common Injuries from Scaffolding Collapses in Allentown
When scaffolds collapse, there are three main mechanisms of injury, each of which can result in different injuries, disabilities, and treatment needs:
Falls to the Ground
When scaffolding collapses and the worker falls to the ground, they often suffer very serious injuries, depending on how high up they were when they fell. Broken arms, legs, shoulders, knees, and ribs are very common in these types of falls, as are internal injuries and internal and external bruising. Serious falls can also cause concussions, skull fractures, traumatic brain injuries, back injuries, neck injuries, and spinal cord injuries, potentially resulting in death or serious disability.
Injuries On Scaffolding
Scaffolding collapses can be caused by many issues, potentially including broken and splintered parts. These pieces can easily cut or impale workers, leading to severe trauma.
Strikes
On the way down in a fall, you can hit other objects, construction materials, people, and things on the ground. Hitting something very dangerous, like an exposed piece of rebar, a live electrical wire, or sharp objects, can result in serious injury. Striking something hard can also cause broken bones, concussions, traumatic brain injury, and more.
Call Our Allentown Scaffolding Collapse Lawyers Today
If you or a loved one was injured in a scaffolding collapse, get help from Cardamone Law’s scaffolding collapse attorneys by calling us for a free case review at (267) 651-7945.
