Filing a Workers’ Comp Claim for Scaffolding Accidents in Illinois

Scaffolding is a common sight at construction sites across Illinois, providing workers with access to elevated areas. However, working on or around scaffolding comes with serious risks. A fall from even a few feet can lead to severe injuries, and structural failures can cause devastating accidents. If you’ve been injured in a scaffolding accident, you may be entitled to workers’ compensation benefits to cover medical costs, lost wages, and other damages.

At Illinois Workers’ Comp Lawyers, we understand the dangers construction workers face daily. If you or a loved one has suffered an injury due to a scaffolding accident, here’s what you need to know about filing a workers’ compensation claim in Illinois.

Scaffolding accidents often occur due to unsafe working conditions, equipment failures, or human error. Some of the most common causes include:

• Falls from scaffolding due to lack of guardrails, unstable platforms, or improper use of safety harnesses.
• Collapsing scaffolding caused by faulty construction, overloading, or improper setup.
• Falling objects striking workers below, such as tools, materials, or debris.
• Electrocution from scaffolding coming into contact with power lines.
• Slips and trips on wet or uneven surfaces while working on scaffolding.

These accidents can result in broken bones, traumatic brain injuries, spinal cord damage, internal injuries, and even fatalities.

If your injury occurred while working on scaffolding, you have the right to file a workers’ compensation claim, regardless of who was at fault.

Under Illinois law, most construction workers are covered by workers’ compensation, including:

• Full-time and part-time employees
• Union and non-union workers
• Temporary and seasonal workers

However, independent contractors may not always qualify unless they were misclassified by their employer. If you’re unsure whether you’re eligible, a legal review of your employment status can help clarify your rights.

If your employer is claiming that you don’t qualify for workers’ comp, or if they try to discourage you from filing a claim, legal action may be necessary to protect your rights.

If you’ve been injured in a scaffolding accident, taking the right steps immediately can help protect your claim and ensure you receive the compensation you deserve.

1. Report the Accident: Notify your employer or supervisor as soon as possible. Illinois law requires you to report a workplace injury within 45 days to qualify for benefits.
2. Seek Medical Treatment: Get medical attention immediately, even if the injury seems minor. Your medical records will be crucial in proving your claim.
3. File a Workers’ Comp Claim: Submit an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC) within three years of the accident or two years from your last benefits payment.
4. Document the Incident: Take photos of the accident scene, your injuries, and any unsafe conditions that contributed to the accident. Collect witness statements if possible.

If your employer or their insurance provider denies or delays your claim, seeking legal representation can help ensure your case is handled properly.

Workers’ compensation benefits for scaffolding accidents in Illinois may include:

• Medical Expenses: Coverage for doctor visits, hospital stays, surgeries, rehabilitation, and prescriptions.
• Temporary Total Disability (TTD): Wage replacement if you’re unable to work while recovering.
• Permanent Partial Disability (PPD) or Permanent Total Disability (PTD): Compensation for long-term or permanent injuries.
• Vocational Rehabilitation: If your injuries prevent you from returning to construction work, you may receive job retraining assistance.
• Death Benefits: If a worker loses their life in a scaffolding accident, their family may be eligible for death benefits.

Even if your employer’s insurance company offers a quick settlement, it may not be enough to cover long-term medical expenses and lost wages. Carefully reviewing any settlement offer before accepting it is critical to ensuring you receive full and fair compensation.

Workers’ compensation benefits prevent employees from suing their employers, but if a third party was responsible for the scaffolding accident, you may be able to pursue additional compensation. Potential third-party claims may include:

• Scaffolding manufacturers if the accident was caused by defective equipment.
• General contractors or subcontractors who failed to follow safety regulations.
• Property owners, if unsafe site conditions contributed to the accident.

These claims can provide additional compensation beyond workers’ comp, including damages for pain and suffering, which workers’ comp does not cover.

Scaffolding accidents can cause life-altering injuries, making it critical to secure the full benefits you’re entitled to under Illinois law. At Illinois Workers’ Comp Lawyers, we fight for injured workers, ensuring they receive the compensation they need to recover and move forward.

If you’ve been injured in a scaffolding accident, don’t let delays, denials, or low settlement offers stand in your way. Contact us today for a free consultation—we’re here to help you through every step of the process.