Scaffolding injuries often happen only when there are problems with worker training or supervision that lead coworkers to make dangerous decisions. They also often happen because of improper setup, dangerous materials used, or other mistakes that leave workers in danger.
When you get hurt, you often have no grounds to sue, since you cannot sue your employer or coworkers for a work-related injury. However, Workers’ Comp can supply benefits for your injuries, and our lawyers can help you get them.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945.
How Do Injured Workers File Claims for Scaffolding Accidents
The following rules apply to most on-the-job scaffolding injuries:
No Lawsuits Against Employer
You cannot sue your employer or coworkers for a work-related injury. This means that if your employer, your supervisor, or a coworker caused the injuries by setting up dangerous scaffolding, you cannot sue them.
You can sue other parties, but you would have to rely on Workers’ Comp to get compensation for something you, your employer, or your coworkers did.
Workers’ Compensation Requirements
To succeed in a Workers’ Comp claim, you have to show you meet the following requirements:
- You are an employee, as determined by the facts of how you do your job and what level of control your employer has over your job. Just because you are paid with a 1099 does not necessarily mean you are an uncovered “independent contractor.”
- Your injury was work-related. If you were required to use scaffolding as part of your job, and it injured you, it is likely work-related.
- Your injury is disabling and leaves you out of work for at least 7 days.
Filing Process
You begin your claim by notifying your employer of your injury within 21 days. Then they file with their insurance carrier and decide your claim within 21 days of your notice.
If they deny you, you can file a formal Claim Petition. This must be filed within 3 years of the date of injury.
Lawsuits are separate and have a 2-year statute of limitations. Both claims can be filed for the same case.
Benefits for Injured Workers
Workers’ Compensation is designed to pay injured workers certain benefits. However, you may need additional compensation you can only get through a lawsuit.
Medical Benefits
When you get hurt at work, your employer pays for medical care. This includes emergency care at the ER, plus any care you need after that.
This is generally covered even if your injury is ultimately not disabling, e.g., if you needed stitches for a laceration.
Wage-Loss Benefits
Your employer supplements your missing wages while you are unable to work. This rate is usually 2/3 of your pre-injury wage (or 2/3 of the difference in wages if you still work), subject to caps and floors.
Your wage-loss benefits are paid as long as you cannot work because of the injury. If you are eventually adjusted to “partial disability” after an impairment rating evaluation puts your whole body impairment rating below 35%, then you only get 500 more weeks of benefits, max.
Lawsuits can pay full lost wages.
Specific Loss Benefits
Specific loss benefits are paid for permanent injuries. If you suffered any of these, you get a number of weeks of benefits, depending on the specific injury:
- Lost vision
- Lost hearing
- Amputation
- Lost function
- Serious facial scars.
The rate is usually 2/3 of your pre-injury wage, subject to caps and floors.
Pain and Suffering Not Available
Pain and suffering damages can be incredibly important in some injury cases, but you cannot get these damages without a lawsuit. Pain and suffering accounts for non-economic harms, such as
- Physical pain and discomfort
- Emotional distress
- Lost ability
- Embarrassment
These damages can be worth as much as the other damages in your case put together, so always talk to a scaffolding injury lawyer about filing a potential lawsuit.
FAQs for Scaffolding Accidents and Injuries in Scranton
Can You Sue for Scaffolding Accidents?
Lawsuits can be filed alongside Workers’ Compensation claims, but you need to meet certain requirements:
- These claims must be filed against outside third parties, not an employer.
- You have to prove fault to win your case (Workers’ Comp is a no-fault system).
- If you recover damages that Workers’ Comp already paid you, you have to pay your employer/their Workers’ Comp insurance carrier back for those amounts.
Who Can You Sue?
Third-party lawsuits are often filed against
- Manufacturers of scaffolding parts
- Safety line manufacturers
- Property owners who failed to warn about dangers
- Other contractors who disturbed the scaffolding or knocked power lines into them
- Drivers and passersby who hit the scaffolding or otherwise disturbed it.
How Long Do You Have to File a Scaffolding Injury Case?
You must provide notice of your injury to your employer within 21 days. However, you can legally proceed with a case as long as you give this notice within 120 days.
Formal claims are filed within 3 years, and lawsuits are filed within 2 years.
Are OSHA Violations Required for Scaffolding Injury Claims?
Many scaffolding accidents happen because of dangerous OSHA violations. However, you do not need an OSHA violation to have a valid scaffolding accident claim.
That being said, it is rare for an accident to occur from improper training, setup, materials, or use of scaffolding without an OSHA violation.
How Do You Afford a Lawyer?
Our attorneys are paid out of the winnings in your case. This allows you to focus on other expenses and pay once you have the money to do so.
For a Workers’ Comp claim, we cannot take more than 20% as payment. The amounts are often different for a personal injury claim, but we will always discuss all of this and allow you to review any agreements before you accept our services.
Call Our Scaffolding Accident Lawyers in Scranton Today
Contact Cardamone Law’s scaffolding injury lawyers at (267) 651-7945 to get started on your case.
