Scaffolding accidents can result in serious falls, dropped objects, being trapped under the scaffold, and even being impaled by scaffolding or dropped materials. If you suffered injuries from a scaffolding collapse or fall, you may be entitled to substantial compensation.
A lawsuit is available in some cases, but these claims are often filed as Workers’ Compensation claims. The damages available through this system can help cover you, even if you were the one to cause your own accident. But getting benefits can still require help from a lawyer and formal claims if insurance denies your case.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists today at (267) 651-7945.
Do You Need an OSHA Violation for a Scaffolding Injury Case?
Many people associate scaffolding injuries with OSHA violations, and it is true that there are many OSHA regulations covering how scaffolding is used and set up. However, you do not need an explicit OSHA violation to have grounds for a Workers’ Comp claim.
Generally, for an accident to happen, there will also be some kind of OSHA violation. Additionally, an OSHA violation can help you prove fault in a lawsuit. But one is not strictly needed for Workers’ Comp.
How is Workers’ Compensation Different from a Lawsuit?
Workers’ Compensation may seem similar to a personal injury lawsuit, but once you get into the details, these systems are quite different.
No-Fault System
Workers’ Comp is a no-fault system, meaning your employer pays regardless of who caused the accident. In a lawsuit, you would only be able to claim damages from someone after you prove they were at fault.
Because fault is not a factor, you can even claim benefits if you were the one to cause your own accident, as long as you did not do it on purpose.
No Jury
In a Workers’ Comp claim, the insurance carrier and your employer make the initial determination of whether to grant/deny benefits. If they deny you, then it goes to a Workers’ Compensation Judge (WCJ).
A personal injury lawsuit can go before a jury, but Workers’ Comp claims do not use a jury.
Limited Benefits
While Workers’ Comp is no-fault, it has a trade-off: the damages are limited. While a lawsuit can pay 100% of the damages you faced for
- Medical bills
- Lost wages
- Other economic costs and
- Pain and suffering/other non-economic damages,
Workers’ Compensation only covers:
- Medical bills
- Around 2/3 of your lost wages
- An additional 2/3 of lost wages for a set period for amputation, total loss, lost vision, lost hearing, or serious facial scars (called “specific loss” benefits).
You can, however, potentially still file a lawsuit against an at-fault third party to recover the additional damages you missed in Workers’ Comp.
Employer Always Pays
Your employer or their insurance carrier pays regardless of who caused the accident, even if it was you or an outside third party who caused the accident.
Can You Sue for Scaffolding Accidents?
Sometimes lawsuits are allowed, but they have restrictions.
Third-Party Defendant Needed
You cannot sue your employer for a work-related accident. This means you would have to find an outside third party responsible for your scaffolding accident to sue them.
This could be the property owner, a scaffolding manufacturer, an outside contractor who set up the scaffolding wrong, or other parties.
Fault Needed
You have to prove that the defendant was at fault to win a lawsuit against them. This requires evidence of what happened and what duty they breached to cause the accident.
You cannot get damages from a party you cannot sue, and any percentage of the fault attributed to yourself or your employer means losing that percentage of the total damages.
What Damages Can You Get?
Injuries from scaffolding can entitle you to these damages:
Workers’ Comp Benefits
- Medical bills, covering all necessary care
- Wage-loss benefits equal to 2/3 of your pre-injury wage or 2/3 of the difference in pre- and post-injury wages (subject to caps and floors)
- Another 2/3 of pre-injury wages for a number of weeks set by law for each eligible injury (amputation, lost function, lost hearing, lost vision, or serious facial scarring).
Additional Damages from a Lawsuit
Lawsuits can pay for medical bills, but these damages may be available as well:
- The remaining 1/3 of your lost wages
- Property damage
- Any other economic damages you suffer (e.g., replacement home services)
- Pain and suffering
- Other non-economic damages (e.g., emotional distress).
No Double Recovery Allowed
If you recover any damages twice, you typically pay the insurance carrier back for the amounts you already received from them out of your new winnings.
What is a Scaffolding Accident Case Worth?
The value of each case is different, and we have to go off the facts of what expenses your case actually involves. In a Workers’ Comp claim, the medical benefits go directly to the providers, and wage-loss benefits are based on your current and pre-injury wage. Any specific loss benefits will also depend on your specific injuries.
In a lawsuit, pain and suffering is an incredibly fact-specific area of damages.
This is all to say that our scaffolding injury lawyers cannot gauge the value of your specific case without examining the specific details.
What is the Filing Deadline?
Your injury needs to be reported to your employer within 120 days, or your case is over and you cannot make further Workers’ Comp claims. However, this report is generally expected within 21 days – a much shorter deadline.
If your claim is denied, you must file a formal Claim Petition within 3 years of the injury.
What Counts as a “Work-Related” Injury?
Injuries are work-related in two situations:
- Dangerous conditions at your workplace caused the injury – which is common with scaffolding injuries.
- The accident stemmed from work tasks, even if it did not occur at your typical workplace.
Are Construction Workers Covered Under Workers’ Comp?
It depends. Workers’ Compensation covers “employees,” which can include construction workers. However, many construction workers are “independent contractors.”
This status is not based on what your employer calls you, but rather the facts of your employment. For example, if your employer pays you with a 1099 and calls you a contractor, but they exert close control over the time and place of your work, and you work in the same industry (not in a specialized trade), you may actually be a covered employee instead of a contractor.
Call Our Scaffolding Injury Lawyers Today
Call (267) 651-7945 to speak with our scaffolding injury attorneys at Cardamone Law.
