When you get hurt in a scaffolding accident, you could be left with serious injuries that keep you from going back to work for months or even years. These injuries should be taken very seriously through Workers’ Compensation claims and potential lawsuits.
Our lawyers will file your claims and negotiate with the insurance companies and employers to get your claims paid in full. If they refuse to pay up, we can file formal Claim Petitions and even lawsuits, in some cases, to get judges and juries to decide your case.
Call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945 for your free case review.
Who Can You Sue in a Scaffolding Injury Case?
In some cases, you can file a lawsuit to recover damages above and beyond what Workers’ Comp would typically pay. However, who you can sue is limited.
No Lawsuits Against Employers
For accidents that happen within the scope of your work, you cannot typically sue an employer. Instead, Workers’ Comp is designed to take over.
Exceptions
You can, however, sue your employer if they injured you on purpose or if they failed to carry Workers’ Comp insurance.
Third-Party Lawsuits
There is no restriction against suing outside parties. This means that you can sue for a scaffolding injury at work if you have some party to sue other than yourself or your employer, e.g.
- The scaffolding manufacturers
- Outside contractors
- A driver or passerby who hit the scaffolding
- A negligent safety gear manufacturer.
How Do You File a Workers’ Compensation Claim for Scaffolding Injuries
After an injury, take these steps as soon as you can:
Get Medical Care
Your employer provides a list of medical providers you can use in the first 90 days of care. If you are in a true emergency and need to go to the hospital now, they may send you to a different hospital. Do not worry about this; it should be covered either way.
However, for any follow-up care, be careful to use approved providers when needed.
File Notice of Injury
You must tell your employer about your injury within 21 days of the scaffolding accident. You must report this to the proper person or department.
Call a Lawyer
Work with our scaffolding accident lawyers as soon as you can to prevent any missteps or issues with the process.
File Formal Claim
If your claim is rejected, the case is not over. Instead, you can start a formal claim by filing a Claim Petition with the Workers’ Comp Office of Adjudication within 3 years of the injury.
Negotiate
Our lawyers can often reach settlements with the employer or insurance carrier to get your benefits paid without needing to go to a hearing.
Gather Evidence
We often need stronger evidence to convince the insurance carrier or the Workers’ Comp Judge (WCJ) to grant you benefits. This often involves getting medical reports from doctors, as well as depositions from witnesses.
Attend IMEs
Your employer is allowed to gather evidence, too, which means sending you to a medical exam with a doctor they choose. This “independent medical exam” (IME) is mandatory. Your employer pays for it and reimburses you for travel and time away from work (if needed). You may also request that they arrange transportation to the appointment in many cases.
Attend Hearings
The WCJ will hold hearings to accept evidence, hear testimony and arguments, and decide the case. Even if we are settling, the case usually needs to go to a hearing where the WCJ questions you to make sure you understand the settlement and had the benefit of counsel. The WCJ then has to approve the settlement.
How to Get Pain and Suffering in a Scaffolding Injury Case at Work
Workers’ Compensation does not pay for pain and suffering damages. The only way to claim these is in a lawsuit or insurance claim against an at-fault party.
Since you cannot sue your employer for a work-related accident, you instead sue a third party for pain and suffering damages. This means bringing your case against an outside contractor, a scaffolding manufacturer, or some other outside party.
What is My Case Worth?
Every case is different, but you can start to understand the value of your case by looking at the damages you suffered, what you can claim in your case, and what your lawyer says your case is worth.
Workers’ Compensation claims typically cover medical bills plus around 2/3 of your lost wages. If you faced amputation or other permanent injuries, you may get additional benefits.
Lawsuits can pay full damages for medical bills, full lost wages, property damage, other economic damages, and additional compensation for pain and suffering. Check with a lawyer for how to calculate these amounts.
Why Would Insurance Deny a Workers’ Comp Claim?
Insurance carriers typically deny Workers’ Comp claims in these situations:
- They believe the cause was outside the scope of your work.
- They do not believe the injury is disabling.
- They believe you caused the accident on purpose, through drug use, through alcohol use, or through illegal acts.
- They do not have enough evidence to believe the injury was work-related and disabling.
Without a good reason for denial, your employer and their insurance company can face penalties, including potentially covering your legal fees.
How Do You Cover the Costs of a Lawyer for a Scaffolding Accident Case?
Lawyers are typically paid out of the winnings in injury claims, and these “contingency fee agreements” must be signed before we proceed. Workers’ Comp claims limit the attorney to 20% of the winnings as pay, and judges must approve. The percentage may be higher for personal injury lawsuits.
How Long Does a Scaffolding Injury Case Take in York?
Workers’ Comp claims can be settled within a few weeks, and benefits can be paid quickly, but only if your employer accepts the claim. Negotiations for a settlement may take 2-6 months. Contested claims that go to a full hearing often take upwards of 8 months.
A lawsuit that goes all the way to trial can take over a year in most cases, but most claims do settle sooner.
Reach Out to Our York Scaffolding Injury Lawyers for Help
Call Cardamone Law’s scaffolding injury lawyers at (267) 651-7945 today.
