If you fell from scaffolding or the scaffolding collapsed, your employer may be responsible. Workers’ Comp is designed to cover work injury claims and pay for your medical bills, lost wages, and more.
Your employer is supposed to cover all work-related accidents, but their insurance carrier might deny your claim. Only through formal claims can we get your benefits granted – and additional damages may be available in a lawsuit, too.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 for a free case evaluation.
Filing for Workers’ Comp After a Scaffolding Accident
To file your claim properly, you need to meet these requirements.
Reporting Requirement
Work-related injuries need to be reported to your employer within 21 days. If you do not report within 120 days, your claim is blocked from moving forward.
Initial Claim
Your initial claim starts with this reporting. From there, your employer files a claim with their insurance carrier and investigates/processes the claim. If they deny the claim, you need to be told within 21 days of your initial notice.
Claim Petition
Once your claim is denied, you can file a formal claim with the state. This goes to the Department of Labor and Industry’s Office of Workers’ Comp Adjudication, and they put the case before a Workers’ Comp Judge (WCJ).
This must be filed within 3 years of your initial injury.
Evidence Collection
Both sides get around 120 days to collect evidence in the case. This allows us to take depositions, and it allows the employer to send you to an independent medical exam (IME) with a doctor they choose.
Hearings
All of the evidence is submitted, and the judge listens to testimony (if needed) in a hearing. Hearings are also used to confirm settlements and to address other issues, such as termination of benefits.
Suing Outside Parties for Scaffolding Accidents in Abington
You can file lawsuits as well as Workers’ Comp claims, but they work differently.
Outside Third Party Required
You cannot sue your employer for a work-related injury. Instead, you file your claim against an outside third party – such as a product manufacturer, a driver, or even a client.
Proof of Fault Required
You need to prove that party was responsible for your accident to hold them liable in a lawsuit. Workers’ Comp pays regardless of fault, but lawsuits are only paid by at-fault parties and their insurance.
Extra Damages Available
In a Workers’ Comp claim, you can get medical benefits, around 2/3 of lost wages, and potentially an additional 2/3 of lost wages for permanent injuries/amputation. In a lawsuit, you can get full damages for lost wages, plus pain and suffering and any property loss you suffered.
Getting these additional damages paid is often the most important reason to consider a lawsuit.
Subrogation
If the insurance company already paid you for some damages – e.g., medical bills – and then you recover them again in a lawsuit, they can demand repayment. This only takes back the amounts they paid you already; you keep the rest (minus legal fees and attorney’s fees).
How to Get Medical Care After a Scaffolding Accident
There are special rules for how to get your injuries treated in a Workers’ Comp claim.
First 90 Days
In the first 90 days of care after an injury, care needs to be provided by providers your employer chooses. These will be listed in their list of providers, typically posted somewhere in your workplace.
You can go outside of this list and choose doctors of your choice if
- Invasive surgery is recommended and you want a second opinion
- You need a specialist that is not listed.
Treating Physician vs. IME Physician
Keep in mind that you may see multiple doctors. Your treating physician is the one who actually provides you with medical care, documents your injuries, determines your treatment plan, and helps you get better.
An IME can be performed by a different doctor your employer chooses. This is an evidence-gathering exam, not for medical treatment. They want to get info to shut down your claim.
However, the treating physician is paid by your employer as well, so it is not always clear who is on your side. You should have our scaffolding injury lawyers review any issues with your doctors.
After 90 Days
After the first 90 days of care, you can choose your own doctors. They typically need to be licensed in Pennsylvania, but they can be of whatever specialty or license you want, as long as the treatment is properly recommended. E.g., you may be able to use a chiropractor or acupuncturist of your choice, or use a medical doctor instead of a “Workers’ Comp doctor” your employer put on their list.
FAQs for Scaffolding Injury Cases in Abington
Are There OSHA Regulations for Scaffolding?
Yes. OSHA writes regulations dealing with scaffolding setup, training, use, supervision, power lines, and other specific setup issues. If one of these rules is violated, it may help you prove fault in a lawsuit.
Do You Need an OSHA Violation to Have a Scaffolding Accident Case?
No. Workers’ Compensation is a no-fault system. This means that any work-related injuries should be covered, whether they stemmed from something your employer could be held at fault for or not.
That being said, most scaffolding accidents would be impossible if OSHA rules were followed to the letter, so most scaffolding accidents do involve an OSHA violation anyway.
Can You Sue Scaffolding Manufacturing Companies?
Maybe. Many scaffolding accidents are caused by user error, setup problems, or supervision issues.
If you can trace the injury to a manufacturing defect or other problem with the scaffolding parts, then the manufacturer may be held at fault. Linking the problem to the manufacturer’s mistakes often requires a thorough investigation.
How Long Does a Claim Take?
Workers’ Comp claims can be resolved in a few weeks or months if the employer is willing to accept the claim. If they contest it, it can take the better part of a year.
Lawsuits often take over a year, but any case can be settled sooner.
Call Our Scaffolding Injury Attorneys in Abington Today
Reach out to our scaffolding accident lawyers at Cardamone Law at (267) 651-7945.
