Scaffolding needs to be set up properly to keep workers safe. This means following OSHA rules and other guidelines for training workers to set up and use scaffolding, supervising workers on the scaffolding, and making sure that the area around the scaffolding is safe from dangerous power lines. When employers make mistakes, people get hurt.
You often cannot sue your employer directly for a scaffolding accident, and that bar extends to coworkers, too. This leaves Workers’ Comp as the primary way of getting benefits after a serious accident on scaffolding at work.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 for help with your potential case.
Damages for Workers Injured in Scaffolding Accidents
When you get hurt, the expenses can be overwhelming. These damages may be part of your case, but only certain damages are available through Workers’ Compensation.
Medical Bills
The cost of treating your injuries includes emergency care, plus ongoing care like physical therapy. All of these treatment costs should be paid for by your employer through Workers’ Compensation, but you can also claim them in a lawsuit, when available.
Lost Wages
Lost wages are paid through Workers’ Comp, but not at their full rate.
- If you cannot work at all, you receive 2/3 of your pre-injury wages.
- If you work to some extent, you get 2/3 of the difference in pre- and post-injury wages.
- These are subject to caps and floors.
If you file a lawsuit, you may be entitled to the full value of your lost wages.
Pain and Suffering
Pain and suffering damages are not paid through Workers’ Compensation. To get them, you have to file a lawsuit and prove that an outside third party was at fault for your injuries.
These damages are vital, so always talk to your scaffolding accident lawyers about the possibility of a lawsuit for full recovery.
What Are “Specific Loss” Benefits?
Permanent injuries can be especially serious, but Workers’ Comp does not pay pain and suffering damages to account for things like loss and amputation. Instead, specific loss benefits can be paid at a rate of 2/3 of your pre-injury wage (subject to caps and floors) for a number of weeks dictated by the injury.
This is only available for
- Lost vision
- Lost hearing
- Amputation or total loss
- Serious facial scars.
Filing a Workers’ Comp Claim for a Scaffolding Injury in Bensalem
To file your claim, follow these processes – but always do so with the help of a lawyer. We can guide you through the whole process and represent you in negotiations with defendants and when you go before a Workers’ Comp Judge or the courts.
Notice Deadline
You must file notice of your injury with your employer within 21 days in most cases. You can technically file within 120 days, but acting quickly is better.
Claim Petition
Your employer can deny your initial claim, in which case you have to file a formal petition with the Workers’ Comp Office of Adjudication to continue.
To do this, you file a Claim Petition within 3 years of your injury. Your lawyer can draw this up and file it for you.
Attending Medical Exams
You have to get medical exams for evidence of your injuries and their cause. You can get exams from a doctor of your choice, and we can pay to have them prepare a report to give the Workers’ Comp Judge.
Your employer can also demand that you go to an exam with a doctor they choose. This is called an “independent medical exam” (IME).
Seeking Medical Care
You also need medical care from a treating physician. This must come from a doctor from your employer’s list of “panel doctors” for care within the first 90 days, with limited exceptions.
Hearings
If they continue to contest and deny your claim, we go to a hearing before a Workers’ Comp Judge to turn over medical evidence, depositions, and potentially provide your in-hearing testimony. The judge then decides the claim.
We can appeal negative decisions.
Filing a Lawsuit for a Scaffolding Accident at Work
While Workers’ Comp might be the most widely available coverage for a work-related scaffolding injury, lawsuits might still be available. However, you cannot sue your employer, and you must prove fault to win.
Third Party Needed
You cannot sue an employer for a work-related injury. This protection from suit extends to people under their control: your supervisors and coworkers. You also cannot sue yourself.
You can, however, sue an outside third party if they were the ones who caused the accident. This can mean suing a driver who crashed into the scaffolding or a manufacturer of defective scaffolding parts. It can also mean suing a property owner or an outside contractor.
Fault Needed
You have to prove that they were at fault for the accident in order to sue them. While your employer pays for Workers’ Comp benefits regardless of fault, a lawsuit requires proving four elements of fault:
- The defendant owed you a legal duty.
- They breached that duty.
- The breach caused your accident.
- You suffered injuries and damages.
FAQs for Scaffolding Injuries at Work in Bensalem
How Long Do You Have to File a Claim?
Injured workers must file claims through Workers’ Comp by notifying their employer of injuries within 120 days at the latest. However, notice of injury is expected within 21 days.
You must file a formal Claim Petition after denial but within 3 years of the injury. Lawsuits must be filed within 2 years of injury.
Do You Have to Prove Fault in a Scaffolding Accident Claim?
If you are filing a Workers’ Comp claim, fault is not at issue. This no-fault system covers you regardless of who caused the accident, even if it was you, and even if it was an outside party.
In a lawsuit, fault is instead an essential element. You must prove that an outside third party caused your accident by breaching a legal duty they owed you.
How Much is Your Case Worth?
How much your case is worth depends on the total medical costs, how much wages you will miss, and what other benefits might be available. Always work with a lawyer when calculating the total value of your case; do not settle before speaking with us.
Lawsuits are often worth more, given that they have additional damages for pain and suffering.
Contact Our Scaffolding Injury Lawyers in Bensalem Today
Call (267) 651-7945 for a free case review with Cardamone Law’s scaffolding injury attorneys.
