Work injuries involving scaffolding can happen in a range of industries. No matter their field, these workers are often covered through Workers’ Compensation and can file claims to get compensation for medical bills, lost wages, and pain and suffering. Lawsuits may also be available.
Our attorneys help injured workers file their claims on time and take them to formal claims if their employers deny them. We work to get a fair settlement, when available, and even take your case through a lawsuit when needed to get additional damages.
For a free case evaluation, call Cardamone Law’s scaffolding injury attorneys at (267) 651-7945.
Filing a Workers’ Comp Claim for Scaffolding Accidents
Workers’ Compensation is available for many injured workers hurt in on-the-job accidents, but it has specific filing requirements, deadlines, and available benefits.
Requirements
To qualify for a Workers’ Compensation claim, your scaffolding accident must meet these requirements:
- You must be an employee. Some contractors and construction workers are deemed “independent contractors,” but the facts on the ground might dictate that they should still be considered “employees” for Workers’ Comp. This is always a question to run by a lawyer.
- The injury was work-related – i.e., it happened because of dangerous work conditions (like dangerous scaffolding) or happened during job tasks (like using scaffolding).
- The injury is disabling for at least 7 days.
Filing Deadlines
Workers’ Comp claims start with notifying your employer of the injury within 21 days. Just because they knew there was an accident does not mean they have enough information to make a claim with their Workers’ Comp carrier, so always report the accident in full.
If they deny your claim – usually within 21 days of your notice – you can file a formal claim with the state within 3 years of the accident.
Benefits
Workers’ Comp typically pays 3 potential areas of benefits:
- Medical benefits cover all treatment costs, but you have to use a doctor from your employer’s list of “panel doctors” for the first 90 days.
- Wage-loss benefits or “indemnity benefits” covering 2/3 of pre-injury wages or 2/3 of the difference in pre- and post-injury wages.
- If you suffered certain permanent injuries (amputations, lost function, lost hearing, lost vision, or serious facial scars), you get an additional 2/3 of your pre-injury wage for a certain number of weeks, known as “specific loss” benefits.
Wage-loss and specific loss benefits have caps and floors.
Filing a Lawsuit for Scaffolding Accidents
Sometimes a lawsuit can be filed alongside or after your Workers’ Comp claim. When this is available, it can pay additional damages you do not get through Workers’ Comp.
Fault Needed
You must be able to prove that someone was at fault for your accident in order to sue. This means you cannot file a claim if you were the one to cause it or if it was a pure accident.
Cannot Sue Employer
Workers’ Comp rules prevent lawsuits against an employer and your coworkers for a work-related injury. This means you must have an outside person to sue, such as a separate construction firm/contractor that set up the scaffolding, the scaffolding manufacturer, or the property owner.
However, scaffolding problems usually come from coworkers or your supervisor, which would block a lawsuit.
Additional Damages
If you win your personal injury lawsuit, you can recover compensation for medical bills, full lost wages (not just 2/3), and pain and suffering. These pain and suffering damages can sometimes be as much as – or even more than – the other damages in your case, meaning it is often worth a lawsuit, when available.
How OSHA Rules Affect Scaffolding Injury Cases
OSHA has rules governing worker safety on scaffolding, and violations can often result in injuries. However, a violation is not always needed for a work injury claim.
OSHA Rules
OSHA has rules in various categories detailing scaffolding safety:
- Materials and setup rules
- Inspection rules
- Training and use rules
- Supervision rules
- Rules for setup near electrical wires.
Is an OSHA Violation Necessary?
You do not necessarily need an OSHA violation to file a Workers’ Comp claim or a lawsuit for your work injury. In practice, it is rare to have an accidental injury that does not violate OSHA rules, but a violation is not a requirement for a claim.
How Do You Report an OSHA Violation?
Reporting an OSHA violation dealing with scaffolding safety can help prevent injuries. Always notify your supervisors or employers of problems, and if they refuse to fix them, contact OSHA.
When an accident happens because of a violation, it is usually the employer’s responsibility to report the incident, not yours as an injured worker.
FAQs for Scaffolding Accident Cases in Reading
Are There Special Rules for Scaffolding Injury Cases?
Some states allow lawsuits against an employer for injuries sustained on scaffolding, even when they would otherwise be blocked by Workers’ Comp laws. Pennsylvania does not have this special exception, so you cannot sue your employer for most on-the-job scaffolding accidents.
Instead, Workers’ Comp may be your best or only option for compensation.
What Kind of Lawyer Do You Need?
Many of our construction accident and scaffolding accident lawyers are Certified Pennsylvania Workers’ Compensation Specialists. This means we have specific training and additional certifications in Workers’ Comp law.
We are well-equipped to handle both Work Comp claims and lawsuits for your scaffolding injury case.
Do You Need to File Through Workers’ Comp?
Workers’ Comp is often the best way for injured workers to get benefits after an accident. It covers your injury regardless of fault, and it is often faster than a full lawsuit.
Workers’ Comp also covers in situations where a lawsuit would not work, such as when you or your employer caused the accident. This means even when you can sue, a Workers’ Comp claim is often the first claim filed.
Call Our Scaffolding Accident Attorneys Today
For help after a work-related scaffolding accident, call Cardamone Law’s scaffolding accident lawyers at (267) 651-7945 right away.
