There are plenty of scaffolding rules provided by OSHA and other regulatory bodies to help prevent injuries. However, scaffolding accidents still happen all the time.
If you were hurt, whether or not there was a specific OSHA violation, you could be entitled to substantial compensation. Workers’ Compensation pays no-fault damages to injured workers, but a lawsuit is also available in some cases to provide additional damages.
Call the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law at (267) 651-7945 for a free case review today.
What Kinds of Problems Cause Scaffolding Accidents
Scaffolding accidents are often caused by mistakes that violate basic safety regulations. However, pointing to a violation like this is not necessary.
OSHA Violations
Many scaffolding accidents involve OSHA violations. OSHA has rules for setup, inspection, training, supervision, and parts to help keep people safe.
It is actually quite difficult to have a scaffolding accident or injury without some kind of violation.
Examples
For one example, scaffolding needs to be properly inspected by workers trained in scaffolding setup and inspections. Without this, the entire setup is likely an OSHA violation.
Another example involves rules for scaffolding setups near power lines. Being too close to power lines puts workers in danger, and special requirements need to be in place.
Fault Not Needed for Workers’ Comp
In a Workers’ Compensation claim, you do not have to prove who was at fault for the accident or show that it was anyone’s particular fault. Your employer pays (typically through their Workers’ Comp insurance carrier) regardless of who caused the accident.
Fault Needed for Lawsuit
You may also file a lawsuit in many cases, which can result in damages beyond what Workers’ Comp pays. However, this does require proving fault.
You cannot sue or recover against your employer for a work-related accident. Even so, you can recover against an outside third party if you can show that they caused the accident by violating a legal duty – such as with an OSHA violation.
Filing a Workers’ Compensation Claim
Workers’ Compensation claims follow this process:
- Get immediate medical attention after an injury.
- Report your injury to your employer within 21 days of the accident.
- Continue getting medical care throughout the process, using your employer’s required “panel doctors” for the first 90 days.
- Await your employer’s decision. This should come within 21 days of your initial report.
- If they deny your claim, work with your lawyer to start a Claim Petition.
- File the Claim Petition within 3 years of the accident date.
- Work with your lawyer to gather evidence (doctor’s reports, depositions, and more).
- Present the evidence in a hearing before a Workers’ Compensation Judge.
- Await the judge’s decision.
- Appeal bad decisions to the Workers’ Comp Appeals Board or the courts, if necessary.
Employers can also settle claims and offer a payment. Settlements may also come later, after you have been on benefits, to cash out the remaining payments at once.
Damages Available
Between a Workers’ Comp claim and a lawsuit, you may be able to recover all of these damages:
Medical Bills
Medical bills should be paid through Workers’ Comp. If you recover them again through a lawsuit, you may need to pay the Workers’ Comp insurance carrier back for any amounts they spent.
Lost Wages
Workers’ Comp pays around 2/3 of your lost wages:
- If you cannot work at all, this is calculated as 2/3 of your pre-injury average weekly wage (AWW).
- You cannot get more than the statewide AWW (set by law) or less than half that amount or 90% of your pre-injury AWW (whichever is lower).
- If you can work to some extent but make less than you did before the accident, your benefits are 2/3 of the difference between your current AWW and pre-injury AWW.
- You cannot get more than your pre-injury wage.
Lawsuits can recover full lost wages.
Pain and Suffering
Pain and suffering damages compensate you for intangible harms, such as
- Lost ability
- Emotional distress
- PTSD symptoms
- Pain and discomfort
- And more.
Workers’ Comp does not cover these damages.
Specific Loss
Specific loss benefits cover 2/3 of your pre-injury AWW for a certain number of weeks, depending on your injury. These benefits are only available through Workers’ Comp, and only for
- Amputation
- Total lost function
- Lost vision
- Lost hearing
- Serious facial scars/disfigurement.
Economic Damages
You can also sue for damages to your property, additional expenses you face because of the injury (e.g., household services), and other expenses. Workers’ Comp does not pay economic damages beyond medical expenses and wage-loss benefits.
FAQs for Scaffolding Injury Cases in Lancaster
What if Your Scaffolding Accident Happened Before Inspection?
Many scaffolding accidents happen while the scaffolding is being erected. It does not make a difference if the accident happened before or after inspection when it comes to coverage under Workers’ Comp.
That being said, if the scaffolding was set up and inspected by an outside third party, and you were injured using it afterwards because of something they missed, that accident might be their fault. This could allow you to sue them, while being injured before their inspection might not allow that.
What if the Scaffolding Failed Inspection?
If the scaffolding failed inspection, it might be proof that there was negligence involved. This could help in a lawsuit against an outside third party, but failure or negligence is not required in a Workers’ Comp claim.
Do You Have to Report OSHA Violations After a Scaffolding Accident?
Reporting OSHA violations is your employer’s responsibility. If they did not know about the OSHA violation, you should report the issue to your employer so they can fix it and keep coworkers safe, but you do not need to report things to OSHA.
If your employer fails to make a report, you can report violations yourself to potentially get the dangerous work site investigated or shut down.
Does Workers’ Comp Cover Injuries You Caused Yourself on Scaffolding?
Yes, as long as they were accidental. Workers’ Comp covers all accidental injuries within the scope of your job duties as long as you were an employee. It does not matter if you were the one to cause the accident. It can even cover intentional injuries by others.
They only block coverage for accidents you caused if you caused them on purpose, because of drug/alcohol use, or through illegal activity.
Call Our Scaffolding Accident Lawyers in Lancaster
If you were hurt, call (267) 651-7945 for a free case evaluation with the scaffolding accident lawyers at Cardamone Law today.
