Upper Darby Scaffolding Collapse Attorney

Scaffolding collapses are an unfortunately common work injury for many construction workers, contractors, and painters.  If you suffered an injury because someone at your work site negligently erected scaffolding, you could be entitled to compensation.

Most employees are barred from suing their employers, but Workers’ Compensation claims can pay for injuries instead.  In scaffolding collapse cases, victims can often claim lost wages and medical costs, plus potential damages for serious, permanent injuries, lost hearing/vision, or facial scars.

For a free case assessment, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945.

Filing a Workers’ Comp Claim for Scaffolding Collapses

If you were working as an employee when you were injured in a scaffolding collapse, you likely qualify for Workers’ Comp benefits.  Every employer is required to carry insurance to cover their employees’ potential work injuries, and injuries qualify for coverage as long as they were work-related.

Initial Claim Rejection

When you file your initial claim, you file with your employer.  They then file with the insurance carrier, but they will often deny your claim if they believe it was not work-related, if you are not disabled, or if there are other issues.

Employers often argue that injuries happened outside of work or while horsing around, which would make them unrelated to your work.  However, your testimony about how the scaffolding accident happened and how it affected you, as well as other evidence, can overcome this.

Similarly, they can deny wage-loss benefits if your injury does not actually stop you from working.  Often, doctor’s reports are needed to show your injury is serious enough to take you away from work, whether because of a partial or total disability.

Lastly, employers can deny claims if the injury was caused by the victim’s own drug use, drinking, or illegal activity.

Without a good reason to make these excuses, employers can be in trouble and forced to pay penalties or attorney’s fees.  Penalties can also be issued if employers simply ignore your filing or miss reply deadlines.

Claim Petition

Once your employer denies or ignores your claim, you gain the right to file in court.  Our scaffolding collapse lawyers can file a Claim Petition with a Workers’ Comp Judge (WCJ), giving them the power to decide whether your injury was work-related and whether you are disabled.

Judges hold hearings to make their decisions, during which they accept evidence, depositions, doctor’s reports, and the worker’s testimony.  Other live testimony is not usually given, with WCJs generally relying on depositions and reports instead.  This hearing has no jury; the judge makes all decisions.  Hearings are usually handled in one day, though additional sessions might be needed.

From here, cases can end with a ruling in your favor, a ruling denying you benefits, or a settlement with the employer and their insurance carrier.  If the WCJ awards you benefits, you should have all medical care related to the injury paid for, 2/3 of your lost wages paid as weekly benefits, and additional “specific loss” benefits for any qualifying permanent injuries, amputations, lost hearing, lost vision, or serious facial scars.

Denials and Appeals

If the WCJ denies your claim, you can appeal it to the Workers’ Comp Appeals Board.  If they still deny your claim, it can be appealed further to the Commonwealth Court and, if needed, to the Pennsylvania Supreme Court.

Other Claims, Petitions, and Hearings

WCJs can also hear petitions and hold hearings for various other matters that might come up in your case:

• Petitions to terminate or modify your benefits if there are changes in disability status or violations of Workers’ Comp rules (such as refusing available work)
• Petitions to reinstate benefits after a termination or after benefits end
• Petitions to modify your status and switch between partial and total disability
• Penalty petitions to hold employers responsible for violations
• Supersedeas petitions to immediately halt benefits while further legal questions are decided

WCJs are also typically required to hold hearings for settlements, where they ensure the worker understands their rights, has reviewed the settlement with their lawyer, and understands what rights they are giving away.  Judges typically need to approve all settlements and fee agreements.

Settlements

As mentioned, WCJs need to approve all settlement offers in a brief hearing.  When you settle your case, you typically sign a Compromise and Release Agreement that releases your employer from further liability for any damages they have not paid you yet.

Most settlements will require you not to seek further employment with this employer, but they will not require further medical exams or scrutiny of your disability status as you heal.  Being unable to go back to court for additional damages also means you cannot get additional medical costs if your condition worsens, so always check with a lawyer to understand the risks of settling.

Most settlements are paid in a lump sum, though that might ultimately be dispersed as an annuity.  When you settle, you get money for all of your upcoming medical care, future wage-loss benefits, and specific loss benefits at once.

Common Causes of Scaffolding Collapses in Upper Darby

Scaffolding collapses can happen for many reasons, but they usually involve some kind of mistake or danger in how the scaffolding was assembled, among some other common reasons:

Improper Placement

The horizontal slats of a piece of scaffolding should always be rested properly on the scaffolding supports.  They should never be rested on boxes, barrels, equipment, vehicles, or other surfaces.  This usually violates OSHA rules and can cause collapses.

Not Trained in Setup

If a worker is not trained in setting up scaffolding, they should not do it.  Employers have to train workers on safe setup before they can be trusted to do it right.

Misuse

If other workers are improperly using scaffolding, it can knock the whole structure down – and you with it.

Call Our Workers’ Comp Lawyers for Scaffolding Collapses in Upper Darby

For your free case review with Cardamone Law’s scaffolding collapse attorneys, call (267) 651-7945.