Scaffolding accidents can leave victims with serious injuries, from spinal cord injuries and traumatic brain injuries from falls to blunt force trauma, broken bones, and other injuries from dropped objects and more. Getting compensation for a work-related injury can be difficult if you are unfamiliar with Workers’ Compensation.
Our lawyers can file Workers’ Comp claims to get your medical care and some of your lost wages covered, even if you were the one to cause your own accident. We can also pursue lawsuits in some cases to get you additional damages, like pain and suffering.
Call (267) 651-7945 for a free case evaluation with the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law.
What Damages Can You Get in a Workers’ Comp Claim?
Workers’ Comp pays three areas of benefits:
Medical Bills
Medical benefits should cover all treatment for your injuries. Typically, these expenses are paid directly to the provider, so you would not see them directly unless you settle your claim in a lump sum settlement.
During your first 90 days after the injury, your care must come from a provider on your employer’s approved provider list (also called “panel doctors”).
Wage-Loss Benefits
Limited wage-loss benefits are paid during periods when you face reduced income. Whether you can work to some extent or cannot work at all will change the specific amount.
Usually, lost wage benefits are 2/3 of your pre-injury wage or 2/3 of the difference, if you are working to some extent. These have caps and floors.
Specific Loss
If you face amputation, total lost function, serious facial scars, or loss of hearing/sight, then you can get extra benefits. These “specific loss” benefits are listed in the statute, with a number of weeks paid for each listed injury.
The pay rate for these benefits is also 2/3 of your pre-injury wage, but the caps and floors are a bit different.
What Damages Can You Get in a Lawsuit?
In lawsuits, our scaffolding injury lawyers can help you obtain any damages that stem from the injury, both economic and “non-economic.”
Medical Bills
The cost of medical care should already be covered through your Workers’ Comp claim. However, if you sue, you will receive these damages again from the at-fault party.
This allows your employer (and their insurance carrier) – who might not have done anything wrong in the first place – to get their expenses paid back by the at-fault party. Essentially, you cannot keep damages you receive twice.
Full Lost Wages
Workers’ Comp pays some lost wages, but it does not cover them in full. This means you would have some money you recover here that your employer has no claim over. They get paid back for the rest that they already paid.
Unpaid Economic Damages
You may have other expenses related to the injury that were not covered, such as the cost of hospital transportation, replacement home services, and property damage. A lawsuit can pay for these damages even though Workers’ Comp does not.
Pain and Suffering
Pain and suffering and other “non-economic damages” can be recovered for emotional distress, physical pain, and other things that Workers’ Comp does not cover. These amounts are usually above what your Workers’ Comp claim paid, so you keep them.
Getting these damages is typically the most important reason to sue. While other economic damages might be something you can handle on your own, these damages are often as much as or more than the rest of your damages combined.
What Do You Need to Prove a Scaffolding Accident Case?
To win your Workers’ case in the first place, you need to meet these elements, using these kinds of pieces of evidence.
Elements of a Workers’ Comp Claim
Workers’ Comp claims are only paid for disabling injuries that happen within the course of your job. This means meeting these three elements:
- You are an employee, not an independent contractor.
- Your scaffolding accident happened within the course of your job duties, not after hours or while doing non-work tasks.
- Your injury is disabling, or else you can only get medical bills covered.
Fault is not an element.
Elements of a Lawsuit
In a lawsuit, you need to actually prove that the defendant caused your injuries. This is proven by showing they were “negligent”:
- They owed you a legal duty, often based on reasonableness or OSHA rules.
- They breached or violated that duty.
- That breach caused your accident.
- The accident left you with injuries and other damages.
Evidence Needed
To prove this case, you usually need a few of these important pieces of evidence, plus anything else we can obtain:
- Medical records showing the injuries and disabilities
- Doctor’s reports saying the injury was work-related
- Proof of what you can and cannot do because of the disability
- Proof of your income before and after the injury
- Medical bills
- Proof of other costs and expenses
- Testimony about how the accident happened.
What is the Filing Deadline for Workers’ Comp?
Workers’ Compensation claims start with a report to your employer about your injury. This must be filed within 21 days of the injury.
If your initial claim is denied, then you must file a Claim Petition within 3 years of the initial injury date.
What is the Lawsuit Filing Deadline?
You must file a lawsuit within the 2-year statute of limitations in Pennsylvania.
Can You Sue for Scaffolding Accidents if You Set Up the Scaffolding?
Maybe. If you caused the accident through improper setup or inspection, then you are unlikely to be able to sue anyone else for the accident.
However, if your setup was proper and you were injured by some other cause, such as a manufacturing defect or someone else’s negligence, then you may be able to sue the at-fault parties.
Because Workers’ Compensation is not a lawsuit, it does not take fault into account. Even if you were at fault for the accident, you should still be able to file through Workers’ Comp.
Do You Need to Prove an OSHA Violation?
No. OSHA rules for scaffolding help to prevent improper setups, dangerous materials, and misuse, but you do not need to prove an OSHA violation to succeed in your claim.
It is unlikely that an accident will cause serious injuries without some kind of violation. A documented OSHA violation will help you prove fault in a lawsuit, even though a violation is not required.
Call Our Scaffolding Injury Attorneys in Harrisburg Today
Call (267) 651-7945 for a free case review with our scaffolding injury attorneys at Cardamone Law.
