Who Do You Sue if You Were Injured on a Scaffold in Pennsylvania?

Scaffolding injuries are somewhat common in certain industries, especially for construction workers and contractors.  Whether you were a bricklayer putting a new façade on a building or a painter helping with renovations inside a foyer, a fall from scaffolding could leave you with serious injuries you need redressed.  So, who pays for these injuries?  Who can you sue?

If you were hurt at work, your ability to sue might be limited.  While some independent contractors might have cases against the people who hired them or the property owners who caused their accidents, those are all very fact-sensitive cases, and your ability to sue will change based on your specific facts.  If you were injured in an accident while working as an employee, you may be able to sue a manufacturer of defective scaffolding or someone outside of your work, but most cases are probably better handled as Workers’ compensation claims.

For help with your potential case, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.

Your Ability to Sue After a Scaffolding Accident in Pennsylvania

Before we get into what potential parties you might have a lawsuit against, it is important to recognize that most people cannot sue for work injuries in the first place.  Employees in Pennsylvania are typically covered by Workers’ Comp, and any covered workers are not permitted to sue their employer for workplace accidents or other injuries that occurred within the scope of their work.  That means that the ability to sue in the first place is limited to two primary situations.

First, you can sue a third party, meaning someone other than your employer, if they caused the accident.  We will get into some examples below as to who that might be in the case of a scaffolding collapse injury, but this often means product manufacturers, drivers, suppliers, and others outside your chain of command at work.

Alternatively, if you are not an employee but rather some kind of self-employed worker or an independent contractor, then your ability to sue is left intact.  This could mean you can sue your client or “boss” or whoever hired you to do the job, but the terms of your ability to sue might be limited by your contract.

Keep in mind, however, that to sue anyone for an accident at work, you would need to prove they were at fault.  In many cases, you might have been the one to cause your own accident, or it might have happened because of your employer’s mistakes – and they cannot be sued.  In these cases, Workers’ Compensation is often available regardless of whether you can sue, and our Pennsylvania Workers’ Compensation lawyers can help you understand your right to file a Workers’ Comp claim.

Parties You Might Be Able to Sue for a Scaffolding Collapse in Pennsylvania

The facts will always lead you to the right party to sue for your case, as we have to look at who might have actually been the one to cause the scaffolding to collapse or cause you to be injured while using scaffolding.  This leaves a few prime suspects, though your ability to sue them in your specific case might be limited by the facts of what happened or the limitations discussed above.

An Employer

You usually cannot sue your employer, but if you were instead hired as a contractor and used scaffolding set up by your client, then they could be liable if they set up the scaffolds incorrectly.  There are clear OSHA regulations about how scaffolding needs to be set up, and a dangerous setup – such as resting the boards on boxes or crates instead of firm supports – could be considered negligence.

A Property Owner

Whether you were an employer or a contractor, if you are working for a property owner to repair or build something, then they are responsible for the safety of the premises.  If the scaffolding collapsed because of a problem with the flooring or another defect on the property, the owner might be liable.

Whoever Set Up the Scaffolding

If the scaffolding was set up by some other third party, then they could be liable for a dangerous setup.  If this was a coworker, you might be barred from suing them, given that they are potentially just a subordinate of your employer.

Scaffolding Manufacturer

The company that produced the scaffolding equipment might have done something dangerous or substituted inferior materials in the process.  This could make them at fault for their defective or dangerous product.

A Driver or Passerby

Scaffolding set up outside might be erected for a long time and left out there to be used daily.  If a car hit the scaffolding while you are working or someone bumped the scaffold, they might be liable for your fall.  Similarly, if someone tampered with the scaffolding while it was set up, they could be liable.

Using Workers’ Comp to Recover Compensation for a Scaffolding Injury in Pennsylvania

If you were working as an employee when you were injured in a scaffolding accident, then you more likely than not will be covered by Workers’ Compensation.  Whether you have a lawsuit against one of the parties listed above or not, you should qualify for benefits paid by your employer’s Workers’ Comp carrier to cover your injuries from a scaffolding collapse.

Unlike in a lawsuit, where you need to be able to prove that some party was liable for your accident, Workers’ Comp has your employer cover you for accidental injuries, regardless of who caused the accident.  In fact, you can even get compensation if you were the one who caused your accident.

Lawsuits can be filed separately from these claims.  While Workers’ Comp typically pays for medical expenses and 2/3 of your lost earnings, plus certain damages for permanent injuries, facial scars, or lost sight/hearing, a lawsuit might pay for all damages, including the other 1/3 of lost wages and pain and suffering.  When you file both a Workers’ Comp claim and a lawsuit, the insurance carrier might be able to recoup some of the damages from your lawsuit, plus the lawyer for your lawsuit will require payment.  In some cases, these complications might make a separate lawsuit unnecessary or ineffective.

Call Our Workers’ Comp Lawyers for Scaffolding Accidents in Pennsylvania

If you were hurt, call Cardamone Law at (267) 651-7945 for a free case evaluation from our Philadelphia Workers’ Compensation attorneys.