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Home » Wilkes-Barre Workers’ Compensation Lawyers » Wilkes-Barre Attorney for Scaffolding Injuries

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Scaffolding accidents can involve falls from heights, electrocution from scaffolding near power lines, dropped items, and even full collapses. These injuries are often severe, and construction workers, painters, and other workers can face long-term disabilities because of them.

Our lawyers can help you seek Workers’ Comp benefits regardless of who caused the accident. If there is an at-fault party, we can also seek damages through a lawsuit, potentially getting you more compensation than what Workers’ Comp covers.

Call our scaffolding accident lawyers at Cardamone Law today at (267) 651-7945 for your free case review.

Lawsuits vs. Workers’ Comp

When accidents happen at work, you may be able to file through Workers’ Compensation. However, lawsuits might still be available.

These two systems have different goals and cover different issues:

Workers’ Comp

Covers injuries to employees within the scope of their job.
Is a no-fault system.
Pays limited damages.
Covered through mandatory insurance.

Personal Injury Lawsuits

Covers damages caused by negligence.
Requires proof of fault.
Covers broader damages.
May be covered through insurance, if there is a relevant policy (e.g., business liability insurance, car insurance).

When Workers’ Comp Applies

Most scaffolding accidents happen at work, so Workers’ Comp is likely to apply. Any case that meets these requirements should allow you to get Workers’ Comp:

The employer has at least one employee who could be injured at work, requiring them to have Workers’ Comp insurance.
You were working as an employee (i.e., not an independent contractor).
Your injuries happened within the scope of your job duties.
Your injuries were disabling for at least 7 days.

If these are all met, then you should be entitled to a Workers’ Comp claim that our scaffolding injury lawyers can help you file.

When Lawsuits Apply

Lawsuits can be filed against an at-fault party, but not your employer. That often means filing against a property owner, an outside contractor, or the manufacturer of defective scaffolding pieces.

Lawsuits based on negligence require these elements:

The defendant owed you a legal duty. This may come from OSHA standards or other laws, but may instead mean a duty to act reasonably in a given situation.
They breached that duty. This could come from an explicit violation or carelessness, lack of skill, or inattention.
That breach caused the accident.
You suffered injuries and other damages.

Can You File Both?

Workers’ Comp should be paid as long as the injury is work-related. It does not follow who was at fault.

However, if someone else was at fault, you can still sue them. This allows the party who was actually at fault to pay up instead of your employer.

You cannot recover the same damages twice and keep them, so your employer gets paid back from the damages the at-fault party paid. You then keep the rest, minus court costs and legal fees.

Damages Available for Scaffolding Accidents

There are some damages you can only get in a lawsuit and some you can only get in a Workers’ Comp claim. Otherwise, these damages are available through both claims, though the amounts may differ.

Medical Bills

The cost of treating serious scaffolding injuries can be quite high, especially if you suffered a traumatic brain injury, spinal cord injury, or other injury that causes ongoing disabilities. Our scaffolding injury lawyers can help you get these paid for in full.

Workers’ Comp pays these benefits as you go, directly to the provider, unless you settle your case first. Lawsuits pay you back for expenses at the end, plus estimated future care costs.

Lost Wages

You can claim full lost wages in a lawsuit. However, Workers’ Comp pays limited wage-loss benefits.

Through Workers’ Comp, you typically receive

2/3 of your pre-injury average weekly wage while you cannot work at all. This is capped at the statewide average and has a floor of half that or 90% of your wage, whichever is lower.
2/3 of the difference in pre- and post-injury average weekly wages if you can work to some extent. This is capped at what you would receive if you could not work at all.

Pain and Suffering (Lawsuits Only)

Pain and suffering damages are “non-economic damages” that pay you for intangible harms. These damages and “emotional distress” damages are quite high, especially in serious injury cases.

Workers’ Comp does not pay non-economic damages.

Specific Loss Benefits (Workers’ Comp Only)

Workers’ Comp pays additional benefits on top of lost wages for these permanent injuries:

Serious facial scars
Amputation
Total lost function (e.g., paralysis)
Lost hearing
Lost vision.

These injuries pay a certain number of weeks’ worth of benefits, depending on the injury. The amount is 2/3 of your pre-injury average weekly wage, capped at the statewide average, with a floor at half that statewide average.

How Long Do You Have to File an Injury Case?

In Pennsylvania, you have 2 years from the date of the accident to file a lawsuit for injuries.

With Workers’ Comp, you have to report your injury within 21 days (though 120 may still be possible). That starts the initial Workers’ Comp insurance claim. Once the claim is denied, you can file a Claim Petition within 3 years of the accident.

How Much is a Scaffolding Accident Worth?

The value of any injury case depends on what actually happened to you. More serious injuries are worth more, and there is no set price based on the type of injury.

Additionally, Workers’ Comp pays for a limited list of damages (medical bills, lost wages, and specific loss). Lawsuits can be worth more because there are non-economic damages (pain and suffering) and other areas of compensation (full medical bills). This can raise the value of a lawsuit, as compared to a Work Comp case.