Ladder and Scaffolding Falls on Montgomery County Construction Sites: Workers’ Comp vs. a Third-Party Claim
A construction worker injured in a scaffolding or ladder fall must decide whether to file a lawsuit or accept workers’ compensation benefits. There are situations where both claims may be filed, but an injury victim must understand when this may be done. Ultimately, the decision hinges on which option allows the victim to receive the most robust compensation available.
What is the Difference between Workers’ Compensation and Third Party Injury Claims?
Suppose that an electrician working on a construction site falls off a scaffold due to an improperly secured plank. His employer’s workers’ compensation policy covered his medical bills and a portion of the wages he lost because he was unable to work. The question remains: what about the lifetime wages he can expect to lose because he is no longer physically capable of working as an electrician?
This is where an injury victim must decide on their options. Construction areas are notoriously dangerous. Even the most stringent precautions can only do so much to protect construction workers, welders, electricians, and others from potential harm. When an accident does happen, the injured person must understand how to navigate the process of obtaining medical care and receiving appropriate compensation for their losses.
The problem for many people injured on construction sites is that they do not know that a workers’ compensation claim may be maintained simultaneously with a personal injury lawsuit against whoever was responsible for the scaffolding accident.
Examining Workers’ Compensation Coverage in Pennsylvania
For a worker in Montgomery County, it is crucial to understand that workers’ compensation does not consider fault when paying benefits. It does not matter who or what caused the accident that injured the worker. Benefits are paid under the policy regardless of the circumstances surrounding the accident. This provides a baseline of insurance coverage for someone who suffers an injury while working on a construction site.
However, that assurance comes with a cost. Specifically, the injured worker cannot file a lawsuit against their employer for lost wages, emotional distress, or pain and suffering. What workers’ compensation covers in most situations is the following:
- Partial replacement of lost wages: Pennsylvania law places caps on how much of a person’s wages can be replaced — typically ⅔ of an average wage on a weekly basis
- Medical bills: Work-related injuries requiring medical treatment are paid by workers’ compensation insurance. This includes surgery, physical therapy, prosthetic and assistive devices, as well as medication
- Rehabilitation and job training: Often, an injured worker is unable to return to their former workplace or field of employment. When vocational training is needed, workers’ compensation is designed to cover it.
How Quickly Must a Workers’ Compensation Claim be Filed?
An employer must be notified within twenty-one days of an injury suffered on the job. A claim must be made within three years of the accident date. If a deadline is missed, then an injury victim’s claim cannot be filed.
Generally speaking, the more serious the injury, the more likely a workers’ compensation provider and the employer will be to try and fight liability. It is common, for example, for a workers’ compensation insurer to require an injured party to see one of its own doctors. Just as common is finding that the workers’ compensation doctor will be critical of a person’s pain, suffering, and injuries overall. An injury victim should not be surprised to find that the workers’ compensation doctor will not hesitate to offer an opinion that the victim is capable of working.
When is a Personal Injury Lawsuit an Option for an Injured Construction Worker?
Under Pennsylvania law, a construction worker can file a personal injury lawsuit against any party associated with their injuries — other than their own employer — if that party’s negligence caused or contributed to the accident.
Unlike a workers’ compensation case, a personal injury claim has a much higher “ceiling” for damages. Specifically, a third-party injury claim allows for an injury victim to potentially collect the following types of damages:
- Lost wages with no statutory cap or maximum recovery
- Lost companionship damages — where a victim’s spouse may recover damages for loss of companionship
- Pain and Suffering
- Punitive damages in especially egregious cases where intentional or reckless conduct occurred
How to Proceed with Concurrent Workers’ Compensation and Personal Injury Claims
If a construction worker falls down off a ladder and injures themselves, the question is: how can that person be made whole? As we have seen, workers’ compensation damages serve a certain purpose, but they are limited in nature. On the other hand, a third-party injury claim offers a higher potential recovery in damages but cannot be filed against an injury victim’s employer. How, then, can the victim expect to recover maximum compensation for all their losses?
A workers’ compensation claim can begin paying immediately for medical bills and ⅔ of lost wages. At the same time, a separate claim may be filed against the company that is the general contractor for the construction, which failed to inspect the flooring that was unsteady and caused the worker’s ladder to slide, resulting in an injury.
In short, this is a realistic scenario for an injury victim. However, the victim must proceed intentionally. A workers’ compensation insurer will almost certainly subrogate against any personal injury settlement. This means that the amount paid in workers’ compensation may be owed back to the insurer if a settlement is reached with the general contractor. With as much coordination and planning as is required to facilitate this type of damages return, having an experienced advocate is of the utmost importance.
Firm, Decisive Advocacy: Anthony C. Gagliano, III, Esquire, P.C.
When the details matter and your rights are at stake, contact Anthony C. Gagliano, III, Esquire, P.C. An experienced Montgomery County workers’ compensation lawyer, our office offers free case reviews.