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Philadelphia Attorney for Scaffolding Accidents and Injuries

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    Working in construction, renovation, painting, and plenty of other industries means climbing up scaffolding as part of your work tasks.  Carefully following safety regulations and training requirements should keep scaffolding safe, but mistakes happen, and scaffolding injuries can leave workers with serious injuries.

    Our attorneys can help you hold the at-fault parties responsible and file Workers’ Compensation claims when available.  Whether your employer or an outside party was responsible for the accident will change how the case proceeds and what damages are available, but our attorneys can help collect evidence, prove your case, and get you the compensation you need.

    For a free case evaluation, reach out to Cardamone Law’s attorneys for scaffolding accidents and injuries today at (267) 651-7945.

    Who is Responsible for Scaffolding Accidents?

    Fault can rest with many different parties – or combinations of parties – depending on how the accident happened:

    No One

    Sometimes, accidents just happen.  If there is no one to blame for an accident, you cannot sue anyone, but Workers’ Comp should still be available for work-related accidents.

    Yourself

    Sometimes a work accident is your fault, but as long as you did not hurt yourself intentionally, through drug/alcohol use, or through illegal activity, relief should still be available.  Workers’ Comp covers work-related scaffolding injuries, even if you caused them through improper setup or use.

    A Coworker/Supervisor

    If your coworker was responsible for being the knowledgeable person to set up or oversee scaffolding setup, they could be responsible for your accident.  Lawsuits against coworkers and supervisors often cannot result in high payment, but you can still file separate Workers’ Comp claims.

    Your Employer

    Sometimes improper training, bad materials, dangerous setups, and other accidents can be blamed on your employer.  While employees cannot sue their employers for work accidents, they can file Workers’ Comp claims with them.

    Outside Parties

    Outside contractors, drivers crashing into the scaffolding, trespassers or “pranksters” tampering with the setup, property owners, and other outside parties can be sued for any injuries they cause.

    Scaffolding Manufacturers

    Sometimes the dangers with a scaffolding setup come from mistakes in the manufacturing process.  This can put the manufacturer at fault.

    Can You Sue for Scaffolding Collapses and Injuries at Work?

    As mentioned above, there are many situations where you can sue someone for causing your scaffolding accident, but you cannot sue if you were at fault, if your employer was at fault, or if no one was at fault.  These rules apply only to employees and allow lawsuits only against outside third parties.

    If you, your coworkers, or your employer caused your accident, then you might not be able to sue.  However, damages can still be paid through Workers’ Comp, which is a no-fault system.  This also applies to “freak accidents” where no one is to blame.

    If an outside third party was responsible, such as the scaffolding manufacturer, nothing stops you from suing them.  You can sue for any injuries they caused as long as you can prove their fault, but Workers’ Comp is often available before that.

    Workers’ Comp rules only apply to employees; independent contractors are free to sue their client/boss because they are not their “employer.”

    Common Safety Violations

    There are a number of OSHA rules dealing with proper scaffolding use and setup.  There are also training rules, dealing with what the workers need to be taught before surveying the area for scaffolding, setting up the scaffolding, and using it.

    Common safety violations deal with any of the following, and more:

    • Unstable areas for setup
    • Height and weight capacity requirement issues
    • Improper training for setup and use
    • Improper safety supervision
    • Problems with fall arrest systems, netting to protect from tool drops, toe boards to stop materials from falling off, etc.
    • Improper gaps and spacing, allowing people and items to get caught
    • Improper setup around electrical wires
    • Improper setup of suspended or hanging scaffolding
    • Improper ladder attachment and safety.

    While an OSHA violation can certainly help you prove fault an injury lawsuit, it is not needed to prove a Workers’ Comp claim.  As long as an injury was work-related, it can be the basis of a claim for Workers’ Comp benefits.  You do not need to prove fault to get your benefits.

    How to Deal with a Disability from Scaffolding Injuries

    After an accident, you might be unable to return to work.  Proving that your work-related injury caused your inability to work requires doctors’ appointments and close monitoring.  You should always speak with our scaffolding accident and injury lawyers about what medical evidence you will need to prove your disability and demand wage-loss benefits.

    How Much is My Case Worth?

    Many scaffolding accident cases involve Workers’ Comp claims plus lawsuits, depending on whether a lawsuit is available in your specific case.  Workers’ Comp pays certain damages up front as part of your initial claim, but it does not cover 100% of lost wages or pay anything for pain and suffering.  These damages can be claimed in a lawsuit, though.

    In your initial Workers’ Comp claim, you will seek three areas of damages, potentially:

    • Medical bills
    • Wage-loss benefits equaling 2/3 of your average wage from before the accident or 2/3 of the difference between old and current wages, all subject to caps and minimums
    • Certain additional payments for certain amputations, lost function, facial scars, or lost vision/hearing, equal to 2/3 of your lost wages, subject to caps and minimums. These are paid for a number of weeks depending on the specific injury you suffer.

    When you file a personal injury lawsuit in court, you can recover these damages first.  They can be paid back to the insurance carrier/employer, since you don’t need to be paid twice.  Then, you can keep the rest of the damages you get:

    • Your remaining lost wages
    • Any other economic damages
    • Non-Economic Damages

    Non-economic damages are especially important, as pain and suffering, emotional distress, and more can all be quite high in serious injury cases.  If you can file a lawsuit and claim these damages, it could potentially double your damages or pay even more than that.

    Contact the Philadelphia Scaffolding Accident Lawyers at Cardamone Law Today

    For your free case review, call our attorneys for scaffolding accidents and injuries at Cardamone Law at (267) 651-7945.

    Pennsylvania Super Lawyers for Injured Workers

    $2.2 Million

    Spinal Injury
    $897,000

    Lower Back Injury
    $740,000

    Amputation
    $650,000

    Lower Back Injury

    Results may vary depending on your particular facts and legal circumstances.

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