After a scaffolding injury, you need to get immediate medical attention. This can document the injuries and their cause and help you build your Workers’ Comp claim.
Workers’ Comp pays no-fault damages to help injured workers get back on their feet. This pays for medical expenses, plus around 2/3 of your lost wages, with an opportunity for additional damages for permanent injuries. If you need more, a lawsuit may be available in some cases.
Contact our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law by dialing (267) 651-7945 for a free case review.
Examples of Scaffolding Accidents
Scaffolding accidents can happen in many ways, causing serious injuries like broken bones, traumatic brain injuries, and back/spine injuries.
Setup Issues
If the scaffolding was improperly set up, it could easily collapse during use.
Training Issues
Workers have to be properly trained on scaffolding safety to help keep them from falling off during work tasks or emergencies.
Misuse
If workers are responsible for horseplay or other misuse, accidents can easily result.
Defective Parts and Materials
The parts used to put the scaffolding together may involve a mix of parts from a scaffolding manufacturer and everyday boards and lines. Defects or problems with any materials may be the manufacturer’s fault.
Power Lines
If scaffolding is not set up properly near power lines, workers can be electrocuted. OSHA rules have special requirements near power lines.
How is Fault Determined in a Scaffolding Accident
Although Workers’ Comp is a no-fault system, fault is still very important in an injury claim.
Fault Not Required for Workers’ Comp
Workers’ Compensation requires your employer – through their insurance carrier – to pay for all work-related injuries. This happens regardless of fault, meaning they cover injuries caused by
- Their own employees
- Outside parties
- The injured worker.
Exceptions
Although fault is usually not at issue, you can have your claim denied if your employer thinks you caused your accident and injuries
- Intentionally
- Through drug/alcohol use
- Through illegal activity.
Even when drugs or alcohol are involved, they have to be the actual cause instead of something like your own negligence.
Elements of Fault for a Lawsuit
In a lawsuit, fault is a necessary element. Only at-fault third parties can be sued and held responsible for damages.
Fault usually means “negligence,” which consists of these elements:
- A defendant owed you a legal duty, potentially including duties under OSHA regulations.
- The defendant breached that duty, usually through carelessness, inattention, or lack of reasonable skill.
- That breach caused the accident.
- You suffered injuries and damages.
Who Decides Fault?
Fault is decided by a few parties:
- In a Workers’ Comp claim, fault is not at issue unless it is used as grounds for denial – which would be decided by the insurance carrier or the Workers’ Comp Judge.
- In a lawsuit, the jury decides fault.
How to File for Workers’ Comp in a Scaffolding Injury Case
To file your case, take these steps:
- Get medical care immediately after your injuries to document them and get a doctor’s opinion that the injury was work-related.
- File notice of your injury with your employer within 21 days of the accident.
- Call our scaffolding injury lawyers if you have not already done so.
- Continue getting medical care with approved doctors during the first 90 days of treatment.
- Wait for your employer’s denial.
- Once they deny your claim or 21 days have passed since your notice, talk to a lawyer about filing a Claim Petition.
- File your Claim Petition within 3 years of the accident.
- Cooperate with evidence collection from both sides.
- Attend IMEs as required by your employer. They can request Independent Medical Exams with a doctor they choose to examine your disability.
- Attend hearings and settlement negotiations until the case is resolved.
FAQs for Scaffolding Injuries in State College, PA
Do You Need a Lawyer for a Scaffolding Accident Case?
Yes. Your employer might try to deny coverage for various reasons – whether they are valid or not. You should have a lawyer on your side to negotiate benefits and settlements and to file a formal claim petition if your Workers’ Comp claim is denied.
Some cases also involve a lawsuit, which you should never file without a lawyer’s help.
Do You File a Lawsuit or a Workers’ Comp Claim?
Sometimes you file both. A Workers’ Comp claim is allowed any time your injury was work-related – i.e., it happened within the scope of your employment. This is a no-fault system and can cover accidents you caused, your employer caused, or an outside party caused.
If an outside third party caused the accident, you may also be able to sue them. This requires you to prove they were at fault for the accident first.
Do You Need to Go to Court for a Workers’ Comp Case Based on Scaffolding Injuries?
Workers’ Compensation cases do not go “to court” in the traditional sense. They are decided by Workers’ Comp Judges – special judges that just hear Work Comp claims.
You can appeal a Workers’ Comp claim to the Commonwealth Court if both the WCJ and the Workers’ Comp Appeal Board deny your claim. You can also take work injury cases to court in a lawsuit against an outside third party, which is handled in open court.
Can You Choose Your Doctor After a Scaffolding Accident?
In the first 90 days of receiving treatment for a work-related injury, you have to use doctors your employer chose. You can find them on the list of approved “panel doctors.”
You can get an outside second opinion from a doctor of your choice if you need invasive surgery, and you can choose your own specialist if you need one that is not on the list. After the first 90 days of treatment, you can choose your own doctors/providers.
Reach Out to Our Scaffolding Injury Attorneys in State College
Call Cardamone Law’s scaffolding accident lawyers at (267) 651-7945 right away for a free case review.
