Scaffolding injuries are one of the most common injuries for construction workers, painters, contractors, and others who work with scaffolding. There are rules about how to manufacture, set up, and use scaffolding, and mistakes should lead to compensation.
Injured workers can often file for Workers’ Compensation, getting them partial compensation regardless of who caused the accident. But many cases also justify lawsuits, where you can seek additional compensation from the at-fault parties.
Call Cardamone Law’s scaffolding injury lawyers at (267) 651-7945 for a free case evaluation.
Proof Required for Scaffolding Injury Lawsuit
You need to prove these things to win a personal injury lawsuit for a scaffolding accident.
Elements of Fault
Most injury claims are based on “negligence.” This means proving the defendant injured you by breaching a legal duty they owed you.
Essentially, it means you need to show they did something wrong to injure you, not that you were injured purely by accident.
Outside Third Party Needed
You cannot sue an employer for a work-related injury. This means that you need an outside third party, such as
- A driver or passerby who damaged the scaffolding
- A manufacturer of defective scaffolding parts
- An outside contractor who set up the scaffolding improperly
- A property owner who failed to warn about dangerous conditions that would affect the scaffolding
Proof Required for Workers’ Comp Claim
Since a lawsuit is not always available, you might be left with Workers’ Comp as your only option for compensation. Workers’ Comp claims can only be filed if you meet these criteria.
Employee Status
Workers’ Comp is only provided to “employees,” not contractors. There may be arguments to make that you were misclassified and should be covered under Workers’ Comp, so always work with a scaffolding injury lawyer.
Work-Related Injuries
The accident must have happened within the scope of your work, not while off duty or on your way to or from work.
Disability
The injury must have caused you to lose wages and to miss work for at least 7 days before you can get disability payments through Workers’ Comp.
Do You File for Workers’ Comp or File a Lawsuit?
Often, you file both. Workers’ Comp is available to any qualifying employee, but you might also have a case against an outside third party.
Workers’ Comp can pay quickly in many cases, giving you temporary relief. But it does not pay full damages, since it misses some lost wages and does not cover pain and suffering. You can file a lawsuit to recover the rest.
Damages Available
There are many areas of damages, but the recovery may be a bit different between Workers’ Comp claims and personal injury lawsuits.
Medical Bills (Workers’ Comp and Lawsuits)
The cost of treating a scaffolding injury can vary widely, but it should never be your responsibility. You can get medical bills covered through Workers’ Comp or through a lawsuit, but you can only recover them once.
Generally, Workers’ Comp pays directly to the medical providers, so you do not get the money. If you do get paid again through a lawsuit, then you usually have to pay the Workers’ Comp carrier back for the money they spent.
Lost Wages (Lawsuits) and Wage-Loss Benefits (Workers’ Comp)
You can recover lost wages in both types of claims, but the amounts are different.
In Workers’ Comp claims, usually 2/3 of your lost wages are covered. This is capped at the statewide average weekly wage (AWW) and has a floor at the lower of half that amount or 90% of your pre-injury wage. If you can work partially for a lower wage, then you get 2/3 of the difference in wages. These last for as long as your wage is still reduced because of your injury, or for up to 500 weeks after you are placed on “partial disability” if you are under 35% whole body impairment at an impairment rating evaluation.
In an injury lawsuit, you can recover the full value of lost wages. This includes the lost wages you already experienced and lost earning capacity going forward.
Specific Loss Benefits (Workers’ Comp)
In a Workers’ Comp claim, there are no pain and suffering damages. However, certain amputations and permanent injuries result in an additional payment.
These cover 2/3 of your pre-injury AWW for a set number of weeks, based on the injury. This is capped at the statewide AWW and has a floor at half that.
Pain and Suffering (Lawsuits)
Pain and suffering is a type of “non-economic damages,” so these are not available in Workers’ Comp. In a lawsuit, pain and suffering damages pay you back for things like embarrassment, lost ability, emotional distress, and physical pain.
We use various calculation methods to come up with the amount, but these all come on top of economic damages (e.g., medical care costs and lost wages).
Economic Damages (Lawsuits)
Other costs you face – such as hospital transportation or property damaged in the accident – can also be claimed as part of a personal injury lawsuit.
What is the Deadline to File a Workers’ Comp Claim?
In Pennsylvania, work injuries need to be reported within 21 days to start your claim. If you miss this deadline, notice absolutely has to be given within 120 days or else your case is over.
If your initial claim is denied, then you can file a Claim Petition with the state within 3 years of the accident.
What is the Deadline to File a Lawsuit?
Injury victims have to file personal injury lawsuits within 2 years of the accident in most cases.
Do You Need to Prove an OSHA Violation to Win Your Case?
No. OSHA violations are common, and scaffolding accidents typically do not occur without a violation. But you do not technically need one to win your case.
If there was a violation, you can use that as proof that the defendant breached a legal duty when suing in a personal injury case. However, you do not need to prove fault at all in a Work Comp claim.
Do You Need to Report OSHA Violations for Scaffolding Accidents?
Employers are the ones to report OSHA violations. You should report any work injury to your employer, and it is up to your employer to investigate and report any accidents under OSHA rules.
If you suspect your employer is violating OSHA rules and reporting requirements, you can report issues directly to OSHA yourself to help prevent future accidents and mistreatment of workers.
Call Our Scaffolding Accident Lawyers in Haverford Right Away
To get started on your potential case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945.
