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Construction Site Accidents

In many ways, the construction industry is the backbone of our economy.

Pennsylvania Construction Site Accidents Lawyer

According to the Occupational Safety and Health Administration (OSHA), approximately 1 in 5 workplace fatalities in private industry occur on construction sites. Non-fatal injuries are also far too common in the construction sector. In Pennsylvania alone, thousands of construction workers are injured every year on the job.

Construction workers who are injured at work are entitled to workers’ compensation benefits. In some cases, they may also be able to file a lawsuit against a third party if it can be shown that the third party was responsible for their injuries. It is important to get the advice of experienced personal injury lawyers about how to obtain compensation after a construction site accident. At Solnick Lawyers, we help victims of construction accidents get the compensation that they deserve. Contact us today for a free consultation. 

Parties Involved in Construction Site Accidents

When an accident happens on a construction site, there are a number of parties who could be responsible:

Property Owner

A property owner must keep their property reasonably safe for visitors under the laws relating to premises liability. If dangerous conditions exist, such as an accumulation of ice or hazardous conditions in a parking lot, and the property owner fails to correct or repair the dangerous situation, or fails to adequately warn visitors, they may be liable when someone is injured.

Construction Company or Contractor

A contractor or construction company may be responsible for providing safety gear and training, appropriate tools and equipment, and safe working conditions for workers on the site. Some jobs will involve a general contractor and subcontractors, each of whom may be liable for a job site accident depending on their role and individual responsibilities.  

Engineers and Architects

Typically, an engineer or architect draws up the plans for a construction job. If the plans overlook or create unsafe conditions and a person is hurt, the engineer or architect could be liable.

Equipment Manufacturers

A lot of the equipment used on a construction site can be dangerous even when it is working properly. If a piece of equipment is defective and someone is injured as a result, it may be possible to bring a product liability claim against the equipment manufacturer or distributor. 

Understanding Liability in a Construction Site Accident

When a construction worker is injured or killed on the job, someone may be legally and financially liable for their injuries. Although an injured worker can file a workers’ compensation claim, this will not cover all of their losses. Therefore, when an accident is caused by the negligence or recklessness of a person or company other than (or in addition to) the employer, that person can be held liable and required to compensate an injured victim for the damage they have caused. An injured worker can bring a legal claim against an at-fault third party to hold them accountable.

Common Dangers on a Construction Site

Construction accidents can happen in any number of ways. The four most common causes of fatal accidents on a construction site are falls, being struck by a falling object, electrocutions, and getting caught in or between objects. Construction workers may be hurt in non-fatal accidents including the following:

  • Scaffolding accidents
  • Industrial vehicle accidents
  • Falls
  • Falling objects
  • Defective tools or equipment
  • Electrocution accidents
  • Crush accidents

Construction site accidents most often affect workers on the job, although pedestrians and others may also be hurt when they are near a construction site.

Types of Injuries Caused by Construction Site Accidents

Construction site accidents can be devastating for a worker and their family. Common construction accident injuries include:

  • Head and neck injuries
  • Traumatic brain injury (T.B.I.)
  • Paralysis
  • Electrocution
  • Eye Injuries or vision loss
  • Hearing loss
  • Amputation of limb or finger
  • Internal injuries
  • Broken bones
  • Sprains and strains
  • Back and spinal cord injuries
  • Nerve damage
  • Cuts and lacerations
  • Burns

Depending on the severity of the injury, the worker may face steep medical bills and the need for long-term care and treatment. Construction accident injuries may also result in lost wages and reduced earning capacity if a worker can no longer perform the duties of their job.

Compensation for Construction Site Accident Claims

A workers’ compensation claim is available to you if you have been injured at work on a construction site, but workers’ compensation benefits will only cover your medical bills and lost wages as a result of the accident. If you are eligible to bring a claim against a third party for compensation after your accident, you may also be able to recover significantly more damages for your noneconomic losses after an accident, including amounts for:

  • Pain and suffering 
  • Disfigurements, such as amputation, burns, or scarring
  • Loss of enjoyment of life
  • Loss of consortium 

The Role of Workers’ Compensation in Construction Accidents

In Pennsylvania, employees who suffer workplace accidents and injuries are entitled to benefits through the workers’ compensation system. Workers’ compensation is a no-fault system, meaning that an injured worker does not have to prove that their employer or anyone else was at fault for their accident, or that the employee was not at fault, to receive benefits. However, workers’ comp is also an exclusive remedy, which means that the injured employee cannot sue their employer for their injuries. With limited exceptions, the injured worker can only claim medical expenses and lost wages caused by a work injury through the workers’ compensation system.

If you have been injured on the job, you should speak to a construction accident attorney to discuss what claims you are entitled to bring and what damages you may be able to receive. You may be able to file a legal claim against a negligent third party for damages as well as a workers’ compensation claim for your medical expenses and lost wages.

The Impact of OSHA on Construction Site Safety

OSHA (Occupational Safety and Health Administration) is responsible for creating and enforcing rules and regulations that govern health and safety in the workplace. Their main goal is to ensure that injuries, illnesses, and deaths in the workplace are kept to a minimum. A worker can ask OSHA to provide information about standards, inspect the workplace, or file a complaint about dangerous working conditions with OSHA. A worker is protected by law from retaliation or discrimination for enforcing these rights.

What is the Time Limit for Filing a Construction Accident Claim?

There are legal time limits in every state for filing a lawsuit, known as the statute of limitations period. In Pennsylvania, a worker has two years to file a personal injury claim as a result of a construction accident. However, if a government entity is involved, or if the worker is filing a workers’ compensation claim, the filing time limits can be shorter and there may be other specific requirements. You should not delay in taking action and speaking to a construction accident lawyer if you have been injured on the job, or you may lose your right to bring a claim. 

Why Work with Our Pennslyvania Construction Site Accidents Lawyer

If you have been hurt in a workplace construction accident, you are entitled to workers’ compensation benefits and you may also be eligible to bring a third-party lawsuit. Unfortunately, insurers often look to minimize or deny legitimate claims and typically have a team of lawyers on their side. Solnick Lawyers can level the playing field and advocate for you to ensure that you get the medical treatment and compensation for lost wages that you need.

Your attorney will investigate your accident, your employer’s safety record, the legal requirements at your site, and all other facts and laws that are relevant to your individual case. We work to ensure that your story is heard even when powerful companies and insurance companies are trying to control the narrative to protect their profits. We will aggressively pursue your case, in negotiations and at trial, if necessary, to ensure that you get the compensation to which you are entitled.  

Consult Solnick Lawyers for Your Construction Accident Case

Solnick Lawyers has been representing construction site accident victims in the Greater Philadelphia area, and throughout Pennsylvania and New Jersey, for more than 20 years. We are not intimidated by the tactics of aggressive corporations, insurance companies, or government agencies. We face them day after day in negotiations and courtrooms to secure justice for our clients, and we will do the same for you. Solnick Lawyers is on your side.

If you have suffered a personal injury, let Solnick Lawyers fight to get you the assistance and compensation to which you are entitled. Contact us at 215-481-9979 to put us on your side.

Cases we handle:

  • Personal Injury Claims
  • Bicycle Accidents
  • Bus Accidents
  • SEPTA Accidents
  • Car Accidents
  • Construction Site Accidents
  • Dog Bites / Attacks
  • Electric Scooter Accidents
  • Insurance / Bad Faith Claims
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Premises Liability Claims
  • Rideshare Accidents
  • Lyft Accidents
  • Uber Accidents
  • Slip and Fall Accidents
  • Truck Accidents
  • Wrongful Death
If you have suffered a personal injury, let Solnick Lawyers fight to get you the assistance and compensation to which you are entitled. Contact us at 215-481-9979 to put us on your side.
FIND OUT MORE INFORMATION ABOUT THE LAW RELATING TO Construction Site Accidents IN PENNSYLVANIA. OUR FAQS CAN ANSWER MANY OF THE GENERAL QUESTIONS THAT YOU MAY HAVE:

If you are hurt on a construction worksite, report it to your employer immediately, documenting any injuries you sustained. You have 21 days to report a work injury to your employer, but the faster you report your injury, the quicker workers’ compensation benefits can begin. The insurance carrier that covers your employer for workers’ compensation claims has 21 days from the time of your report to admit liability for your injuries and voluntarily pay your claim, or to deny liability and refuse to pay your claim.

If the insurer denies your workers’ compensation claim, a lawyer can help you fight for benefits. This process typically starts with gathering evidence to show that your injuries occurred at work and that they prevent you from returning to work. Your injury attorney can then file a claim petition with a workers’ compensation judge. If the result before the judge is unfavorable, your lawyer can file an appeal with the Workers’ Compensation Appeal Board.

If you have seen a physician who questions the nature or extent of your injuries, you can seek a second opinion. This type of situation often occurs when you are sent to a doctor at the recommendation or insistence of your employer or workers’ compensation carrier. You need to heal from your injuries, and a physician who seems to be more interested in saving your employer or their insurance company money will not be of help to you. Once you have selected a doctor you trust, work closely with your treatment providers to determine the extent of your injury, your current ability to work, and your prognosis. You should also follow treatment plans and recommendations.

Establishing medical proof of your injury and the need for ongoing treatment is critical to a successful workers’ comp claim. Disputes over coverage may be settled before a judge, in mediation, or before the Workers’ Compensation Appeals Board. No matter how the matter is resolved, you will need to prove that you have sustained an injury. Your medical records serve as direct proof that you were hurt and are the basis on which your claim will be decided.

OSHA is the Occupational Safety and Health Administration. OSHA is responsible for creating and enforcing rules and regulations that govern health and safety in the workplace. Their main goal is to ensure that injuries, illnesses, and death in the workplace are kept to a minimum.

Unfortunately, if an employee is covered by workers’ compensation, they cannot sue their employer. If, for some reason, the employer does not carry workers’ compensation insurance, this causes a legal “gray area” that would possibly open the employer up to being sued by an injured employee. Workers’ compensation is an employer’s means of protecting the company from lawsuits that arise from injuries. If the employer obeys the laws and carries workers’ compensation insurance, they should not have to worry about being sued by an injured worker.
 
However, if an employee is injured due to defective or hazardous equipment, they can file a lawsuit against the company that manufactured or created the defective equipment, even if they are covered by workers’ compensation. Likewise, if you are injured at work due to the negligence of a third party who is not your employer or a co-worker, you can pursue both a workers’ compensation claim and a third party claim against the negligent party.

Every employer that employs at least one person in the Coomonwealth of Pennsylvania is required to carry workers' compensation insurance. This is true even if employees are only working part-time hours, and family members are also included in the policy if they are employees.

If the accident that occurred on the construction site was caused by negligence, the owner of the property, the equipment manufacturer, or the engineer or contractor would be held responsible, depending on who contributed to the negligence. For example, if the construction manager was aware of the hazardous condition, but continued to allow everyone to work, he or she could be held liable for injuries or death.

If you have been hurt in a workplace construction accident, you are entitled to workers’ compensation benefits. Unfortunately, insurers often look to minimize or deny legitimate claims. A construction accident attorney can advocate for you to ensure that you get the medical treatment and compensation for lost wages that you need.

In construction accident cases, the injured worker is typically squaring off against their employer and its insurance company. In many cases, the employer is a large company with more resources, and the insurance company has a team of adjusters and lawyers. An experienced construction accident attorney can level the playing field, giving you the ability to get the compensation that you deserve for your injury.

After a free initial consultation, a construction accident attorney can conduct an independent investigation of your accident. This will help to establish what happened — and to counter the narrative that your employer or others may put forward in trying to deny your claim. Your attorney can also request and review your employer’s safety and hiring records to determine if it complied with safety laws and only used experienced, licensed contractors. When you hire a seasoned injury lawyer, you don’t have to worry about all the paperwork and getting your claim completed correctly on your own.

In addition, an attorney can help you get the medical care that you need while you are recovering. During this time, your lawyer will aggressively pursue your case, negotiating with the insurance company on your behalf. If necessary, your attorney will take your case to court and fight for your right to fair compensation. Whether you have suffered a fall, back injury, chemical burn, or were in another type of accident, you are entitled to workers’ compensation benefits to cover your medical treatment, lost wages, and any disability that you may have as a result.

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Jay and staff were always there to answer questions and concerns. Jay has great empathy for his clients and I am very happy that he was my attorney.

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We were very happy with our experience with Jay and his firm. They took my wife’s case knowing there could likely be very little reward since we had limited-tort insurance. Our case drug out for over 3 years, but Jay and his team were there, working it and answering our questions the entire time.

From the first day we met Jay, he came across as caring and wanting to actually help us, which he did. Hopefully we never need a lawyer again, but if we do, we’ll be reaching out to Jay.

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