No matter how well-protected you are on a construction site, accidents can happen. Sometimes these accidents stem from in-the-moment negligence. Other times, they’re the result of deliberate supervisor, landowner, or employer oversight. Regardless, that negligence can see you foot the bill when it comes time to recover from a scaffolding accident.
A scaffold accident lawyer in Philadelphia, PA, understands how to break down your complicated relationship with a workplace accident. When workers’ compensation doesn’t pan out, you can turn to Morelli Law Firm’s attorneys to pursue a settlement in civil court. Our team ensures that you have the chance to hold a liable party accountable for their negligence.
Does a Scaffold Accident Qualify You for Workers’ Compensation?
Scaffolding accidents in Pennsylvania can qualify you for workers’ compensation so long as your employer has a workers’ compensation policy in place.
If an employer gave you the option to purchase your own insurance or benefit from their policy, you must register for that policy to file a workers’ compensation claim. If you’re not, you must rely on your own provider immediately following your accident.
That said, workers’ compensation claims only address the economic losses you endure in a scaffold accident. What’s more, an employer can misrepresent your employment to deny you your right to workers’ compensation. Other times, an insurance provider may declare that you played too large a role in your accident to benefit from their support.
What Can You Do if Your Workers’ Compensation Claim Gets Rejected?
If your workers’ compensation claim gets denied after a scaffolding accident, you can rest easy knowing that you have other ways to secure the compensation you need to recover from your accident. You can contact a scaffold accident attorney in Philadelphia, PA, to weigh the value of your case and take a civil claim before a judge.
The personal injury claim you take up against an employer who denied your right to workers’ compensation must name the party you believe to be liable for your scaffold accident losses. You must then present evidence of that fault. You should also estimate the total value of your losses and present evidence to defend your demand for damages.
These damages can include:
- Your post-accident medical expenses
- At-home assistance throughout your recovery
- Lost wages
- The cost of repairing or replacing damaged property
- Emotional distress
- Mental anguish
- Wrongful death, if applicable
- Funeral expenses, if applicable
According to Pa. Cons. Stat. § 5542, you have no more than two years to bring a personal injury claim forward after a scaffold accident. An attempt to file a claim after that statute of limitations expires can see Philadelphia civil courts dismiss your assertions of fault without due consideration.
Fortunately, our attorneys can keep you on top of your filing deadline without compromising your recovery.
Philadelphia Scaffold Accident Lawyer Near Me 877-751-9800
How to File a Third-Party Scaffold Accident Claim
You may be entitled to a third-party scaffold accident claim if you believe a subcontractor, pedestrian, or otherwise non-employer-related party bears some of the responsibility for your recent accident. In some cases, you may have the right to file for workers’ compensation while also pursuing a third-party scaffold accident claim in civil court.
You have the same responsibility to submit a claim and provide evidence of your losses when pursuing a third-party claim that you do when filing a claim against your employer. However, third-party claims may see you go up against an individual in civil court instead of a corporation or agency.
Even so, the statute of limitations that applies to a third-party scaffold accident claim is the same as that which applies to a claim brought against your employer. You have no more than two years to make your case, or else you may lose your right to a settlement.
You can work with Philadelphia scaffold accident attorneys to determine who the evidence at the scene of your accident allows you to hold liable for your losses. Our team can then calculate what damages that party may owe you, calculate their impact on your workers’ compensation claim, and prepare you to defend your case.
You Must Uphold an Accident’s Burden of Proof
If you want to secure damages to cover your scaffolding accident’s losses, you need to uphold what a civil court refers to as a burden of proof. This means that you must use hard data to defend your assertion of fault and your estimate of your case’s total value.
The evidence you bring forward to make your points can include:
- Video footage of your fall
- Photo footage of your fall
- Physical debris indicating the poor structural integrity of your scaffolding
- Statement from bystanders describing a liable party’s negligence
- Input from expert witnesses detailing the dangers of your worksite and the extent of your injuries
- Social media posts describing or otherwise depicting your fall
Our team can gather this evidence while you focus on treating your post-fall injuries. When the time comes, we can go over the evidence relevant to your case with you. We can then submit the evidence and an analysis thereof alongside the claims you make in your scaffold accident lawsuit.
Scaffolding Injury Accident Lawyers in Philadelphia Want to Help You
Construction workers deserve to feel safe on Philadelphia’s construction sites. Unfortunately, lot supervisors, landowners, and employers can compromise a team’s safety and force accident survivors like you to face the consequences of their negligence. You don’t deserve to pay the price for someone else’s mistakes, but what can you do to fight back?
You can turn to a scaffolding injury lawyer in Philadelphia for help. Morelli Law Firm’s team of experienced professionals can investigate your losses and present your case to a civil judge. You, in turn, can fight for the compensation you need to fund your recovery. For more information or to request a case evaluation, contact Morelli Law Firm online or over the phone.