Scaffolding accidents often stem from improper setup and inspection, bad employee training, and misuse. Even something as simple as throwing something off the scaffolding can result in quite serious injuries.
Our lawyers help victims get compensation for their injuries regardless of the cause. Workers’ Comp, being a no-fault system, often covers injuries you might have caused yourself. Lawsuits may also be available in some cases where another party was responsible, getting you additional damages.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 for a free case review.
Scaffolding Regulations
There are many regulations that govern how scaffolding needs to be set up and used. Violations of these rules often cause accidents and injuries.
Examples of OSHA Regulations for Scaffolding
OSHA has scaffolding regulations under Part 1926, Subpart L. These cover things like
- Capacity
- Platform construction standards
- Inspection requirements
- Access standards
- Supervision requirements
- Rules for use near electrical lines
- And more.
Do You Need an OSHA Violation for Workers’ Comp?
Many injuries only happen because of OSHA violations. While it is technically possible for a scaffolding accident to occur when all OSHA regulations are followed, it is rare.
This means you do not need an OSHA violation, but it helps our scaffolding accident lawyers prove what happened and prove fault if we file a lawsuit for your injuries.
Do You Need to Report Scaffolding Violations?
You should let your employer or supervisor know about any regulations or dangers you spot. Not doing so could be grounds for disciplinary action.
However, it is not your obligation to report violations to OSHA; that is your employer’s responsibility. Even so, you can report violations they refuse to report.
Filing a Workers’ Compensation Claim for Scaffolding Accidents
Workers’ Compensation claims for scaffolding accidents require you to follow certain procedures and report the injuries in a timely manner.
Employees Only
Only “employees” are covered under Workers’ Compensation in Pennsylvania. This is based on actual facts, not just job titles, and may require a court to look at your status to decide eligibility:
- Employees usually work under their own name and get paid with a W-2. They may be paid hourly or with another pay period or get a salary. Their job duties, manner of work, and time of work are closely controlled by their employer.
- Independent contractors usually work for a 1099 and may work under their name or an LLC/company name. They typically control their time, place, and manner of work and merely deliver a service or finished project rather than having their work controlled.
Any employer with even one employee needs to cover all employees with Workers’ Comp insurance.
Requirements
To qualify for a claim and have it approved, you need to meet these standards:
- Injuries need to be reported within 120 days at the latest, but reports are typically expected within 21 days.
- If denied, you have to file a Claim Petition with the state within 3 years of the accident.
- Injuries must be “work-related,” meaning they occurred from work tasks or unsafe workplace conditions.
- Injuries must be disabling for at least 7 days or else you can only get medical benefits.
Filing a Lawsuit for Scaffolding Accidents
You can also sue for scaffolding accidents, but you are limited as to who you can sue and when these claims are available.
Third-Party Defendants Only
You and your employer are the “first” and “second” parties in a work injury case. You cannot sue your employer for work-related injuries, so you generally need some “third party” to sue.
This can be anyone outside the employer-employee relationship, such as
- An outside contractor who set up the scaffolding
- A property owner who set up scaffolding or failed to warn about uneven/dangerous premises
- A negligent client or customer
- A driver who crashed into the scaffolding
- A scaffolding manufacturer that provided defective supplies or parts.
Requirements
You must meet these requirements to win your case:
- You must file your lawsuit within 2 years of the accident.
- The defendant has to be at fault, meaning they caused the accident by violating a legal duty they owed you.
- You cannot recover for any portion of the damages you or your employer caused (since you cannot sue yourself or your employer).
FAQs for Scaffolding Accidents in Quakertown
Does it Matter Who Set Up the Scaffolding?
Maybe. If you, your coworker, or your supervisor set up the scaffolding, you usually cannot sue them. You cannot sue yourself, and everyone else listed here counts under the umbrella of your employer, and you cannot sue your employer for work-related injuries. This might leave you able to file a Workers’ Comp claim, but no lawsuit.
Lawsuits can be filed against outside third parties, contractors, and companies. That means that if someone else – like another contractor or the property owner – set up the scaffolding improperly, that may be something you can sue them for.
Can You Get Damages if You Set up the Dangerous Scaffolding Yourself?
If you were the one to set up dangerous scaffolding, and you got hurt on it, you may still be entitled to Workers’ Compensation. Workers’ Comp does not pay if you injured yourself on purpose, but it does still cover injuries you caused yourself by accident.
Do Scaffolding Accidents Pay Pain and Suffering Damages at Work?
Workers’ Compensation does not pay for pain and suffering damages. This means that if your only way to get benefits is through Workers’ Comp, and no lawsuits are available, you will not get pain and suffering damages.
If you can file a lawsuit against an outside third party, pain and suffering may be available in that claim.
What OSHA Scaffolding Regulations Govern Accidents at Work?
OSHA writes regulations for scaffolding setup, training, supervision, and more. These can be found in Part 1926, Subpart L of OSHA’s general requirements.
Contact Our Scaffolding Accident Attorneys in Quakertown Today
Call (267) 651-7945 for a free case evaluation with the scaffolding accident lawyers at Cardamone Law.
