Scaffolding accidents can be caused by employers, coworkers, and supervisors. When this happens, you often cannot sue them, but Workers’ Compensation may still be available. Even if you were the one to cause your own accident, this could pay substantial damages.
Workers’ Comp pays for injured workers’ medical care costs, around 2/3 of their lost wages, and potential additional damages for permanent injuries. However, it does not cover pain and suffering, which can only be claimed through a lawsuit filed against a third party.
Contact Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 for a free case evaluation.
The Process of a Scaffolding Accident Claim
When filing your claim, you need to follow these steps and requirements:
Reporting Injury to Employer
You must report any work-related injuries to your employer within 21 days of them happening. If you report later than 120 days, you cannot continue with your claim.
Formal Claims
If they deny your claim, you can file a formal Claim Petition. This comes after the denial and before 3 years has passed since the accident date.
Elements of Workers’ Comp Claim
Workers’ Comp claims can only be granted if you meet these elements:
- The worker needs to be an employee, not an independent contractor. Sometimes construction contractors have trouble because their employer misclassified them and they should truly be employees.
- Your injury needs to be work-related, meaning it comes from work tasks or conditions.
- Your injury needs to be disabling for at least 7 days.
Proof Required
To prove these elements, you usually need the following evidence:
- Your testimony about what happened
- A doctor’s report showing that the injuries were work-related and disabling
- Depositions from other witnesses explaining what happened
- Any other evidence, such as security video or records from your employer.
Hearings
Workers’ Comp Judges (WCJs) accept evidence and depositions then hold formal hearings. These cases do not go to trial.
Lawsuits
You may, however, be able to sue for your injuries as well. These cases can go to trial before a judge and jury.
You cannot typically sue your employer, but you can sue third parties. Our scaffolding accident lawyers can use this to recover damages beyond what Workers’ Comp pays.
Damages for Scaffolding Accidents at Work
Whether these damages are paid through a lawsuit or Workers’ Comp claim, these are the damages your case may involve:
Medical Bills
The cost of treating scaffolding injuries can be quite high, especially with serious falls, head injuries, back/spine injuries, and broken bones.
Lost Wages
If you cannot work, Workers’ Comp pays 2/3 of your pre-injury average weekly wage (AWW) until you can return to work. If you can work to some extent, that rate drops to 2/3 of the difference between your AWW now and before the injury. Caps and floors apply.
A lawsuit can recover 100% of lost wages and lost earning capacity.
Pain and Suffering
Lawsuits can recover pain and suffering damages to compensate your non-economic damages. This covers things like lost ability, pain, mental anguish, and more.
Work Comp does not pay these damages.
What Else Workers’ Comp Covers
“Specific loss” benefits can also be paid through Workers’ Comp to pay you for a permanent injury, such as amputation, lost function, serious facial scars, or lost hearing/vision.
Workers’ Compensation can also cover transportation to IMEs (independent medical exams where a doctor your employer chooses examines you). The cost of collecting evidence can also be claimed in your case, such as the cost of depositions or doctors’ appointments to get reports.
What Else Lawsuits Cover
A lawsuit can also cover economic damages you suffer. This can be anything from property damage to childcare costs while you are disabled.
FAQs for Scaffolding Injury Claims in Lower Merion
Do You Have to Use Workers’ Compensation?
No, but you usually should. Workers’ Comp can pay for medical bills and lost wages much sooner than a lawsuit will. Getting your benefits paid quickly can make a huge difference in your life.
Additionally, Workers’ Comp does not stop you from filing a lawsuit against an eligible outside party. That means you can get some benefits now, then also file a lawsuit later.
Does Workers’ Comp Pay Pain and Suffering Damages?
No. Workers’ Comp does not pay non-economic damages at all. These damages can only be claimed if you file a lawsuit.
Who Can You Sue in a Scaffolding Accident Case?
You cannot sue an employer for a work-related accident in most cases. This means that the only parties you can sue are outside third parties, such as
- Property owners
- Outside contractors (e.g., electricians)
- Scaffolding parts manufacturers
- Other materials manufacturers
- Drivers who crash into the scaffolding.
How Long Does a Scaffolding Injury Case Take?
Workers’ Comp claims can be resolved quickly if the employer grants your benefits. If not, hearings can take upwards of 9-10 months if they contest the case all the way to a hearing.
Lawsuits can often take over a year. But keep in mind that when a case settles, it often settles much sooner.
Can You Sue if Scaffolding Collapses on Top of You?
Maybe. As mentioned, you cannot sue your employer for work-related accidents. This protection extends to coworkers, and you obviously cannot sue yourself. This means that the only parties left to possibly sue are outside third parties. If one of them caused the scaffolding to collapse on you, you can sue them.
Can Passersby and Outside Parties Sue?
If you were not working at the construction site and you were merely walking on the sidewalk when scaffolding collapsed on you, you likely have a case against the property owner or construction firm. Passersby can sue for construction accidents that injure them as long as they were legally in that location (i.e., they were not trespassing).
Contact Our Scaffolding Injury Attorneys in Lower Merion
If you were hurt in a scaffolding accident, call Cardamone Law’s scaffolding accident lawyers at (267) 651-7945.
