Falling from scaffolding, having something dropped on you, or being under collapsing scaffolding is always a risk when you work with scaffolding. These accidents might not be your fault, but even if they are, Workers’ Compensation is often available to cover your injuries.
Our attorneys can help you file claims to cover your medical bills and lost wages. If someone else was at fault for your accident, we may even be able to file lawsuits to pursue additional damages, like pain and suffering.
Contact Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 for a free case review.
Do You Sue or File a Workers’ Comp Claim for Scaffolding Injuries?
In some cases, you can file both a Workers’ Comp claim and a lawsuit, but determining which options are available in your case requires asking these questions:
Are You an Employee or Independent Contractor?
Only employees are covered under Workers’ Comp, so independent contractors usually cannot file. This status, however, is often up for debate, and you might actually be misclassified, especially in the construction field.
Employees can still sue, but they cannot sue their employer. Contractors can sue anyone who caused the accident.
Did the Accident Happen During Work Tasks?
If the accident arose from your work tasks or conditions at your workplace, then you cannot sue your employer for the accident. You can still sue third parties.
However, this is a necessary qualification for Workers’ Comp, and it makes your injury “work-related.”
Can You Sue a Third Party?
If you cannot sue yourself or your employer, then you need an outside third party to sue. Many work accidents are caused by the injured worker, and you cannot sue yourself. Alternatively, they may be caused by coworkers, who are an extension of your employer and also cannot be sued.
This means you need something like a scaffolding manufacturer, property owner, or other third party to sue. But fault is not needed in Workers’ Comp, and you can file regardless of who caused the accident.
Damages Available in a Workers’ Comp Claim
Workers’ Compensation pays three major areas of benefits:
Medical Expenses
All medical care costs are paid directly to the provider. You must use an approved provider within the first 90 days, with some exceptions. After that, you can choose your provider and get coverage paid to them, as long as they are properly licensed in Pennsylvania.
Wage-Loss Benefits
Workers’ Comp pays around 2/3 of lost wages, subject to caps and floors. If you can work some, but your wages are lowered, they pay 2/3 of the difference in wages instead.
Specific Loss Benefits
Specific loss benefits are paid for amputation, total lost function, lost hearing, lost vision, and serious facial scars. These payments usually come after you are done with total disability and last for a number of weeks set by law for each eligible injury.
The amount is 2/3 of your pre-injury wage, subject to caps and floors.
Damages Available in a Lawsuit
Medical Bills
If you already got Workers’ Comp, you might not have any medical bills left. However, some uncovered costs might need to be paid this way.
If damages like this get paid twice, then you usually pay back the Workers’ Comp provider for the money they already spent. They should not be allowed to claim back more than what they actually spent on you, meaning you keep the rest.
Lost Wages
There are lost wages that Workers’ Comp does not pay, so getting them through a lawsuit might be important.
Other Economic Damages
Workers’ Comp does not pay for things like your property damage, home services needs, transportation to medical care, and other costs. However, these can be recovered in a lawsuit.
Pain and Suffering
Lastly, pain and suffering damages can often be more than the rest of your damages put together. Claiming these damages is one of the most important reasons to consider a lawsuit, even if you got paid through Workers’ Comp.
Does OSHA Regulate Scaffolding?
OSHA has regulations for scaffolding training, set-ups, use, materials, and more. These rules work to keep workers safe when working on or around scaffolding.
Do You Need an OSHA Violation for a Scaffolding Accident Case?
Most accidents involving scaffolding only happen because of an OSHA violation, but a violation is not strictly necessary. In fact, since fault is not required at all in a Workers’ Comp claim, you do not need to show that anyone did anything “wrong” to cause your accident.
If there was an OSHA violation, this can help you prove there was negligence for a lawsuit.
Can You Sue Your Boss for a Scaffolding Accident
Generally, no, but there are some exceptions.
You cannot sue an employer for a work-related accident if you are an employee. This means that if you are a contractor, you can sue. It also means if the accident happened while you were on your way to or from work, but not during work hours, you could potentially sue.
You may also sue your employer if they injured you intentionally or failed to carry Workers’ Comp insurance.
Can You Sue the Personal Who Set up the Scaffolding?
There are many parties you cannot sue for a work-related scaffolding accident, even if they were the one who set up the scaffolding:
- Yourself
- A coworker
- A supervisor
- Your employer.
However, you may be able to sue outside parties who set up dangerous scaffolding, such as
- The property owner
- An outside contractor.
Even so, an ineligible lawsuit target might be the only one at fault, meaning no lawsuit is available. In any case, you do not need to prove fault in a Workers’ Comp claim, so that is usually available even if a lawsuit is tricky.
Call Our Bristol Township Scaffolding Accident Lawyers Today
Call (267) 651-7945 for a free case review with the scaffolding accident attorneys at Cardamone Law.
