Construction work in Philadelphia is a vital industry but comes with inherent risks. From scaffolding collapses to forklift mishaps, construction accidents can leave workers with life-altering injuries. If you or a loved one has been injured on the job, it’s essential to understand your rights and legal options. This guide will break down workplace injury claims for construction accidents in Pennsylvania, focusing on workers’ compensation, third-party lawsuits, and the importance of hiring a dedicated attorney.
Common Causes of Construction Accidents in Philadelphia
Construction sites are rife with potential hazards, even when safety protocols are in place. Some of the most common causes of construction accidents include:
- Scaffolding Accidents: Falls from scaffolding are among the leading causes of construction injuries.
- Forklift Mishaps: Improperly operated forklifts can result in severe injuries.
- Falling Objects: Tools and materials falling from heights can cause significant harm.
- Electrocutions: Contact with exposed wires or power lines is a serious risk.
- Slip and Falls: Uneven surfaces, wet floors, and unsecured equipment contribute to these accidents.
Understanding the cause of your construction accident is crucial, as it may influence your legal options for seeking compensation.
Pennsylvania Workers’ Compensation for Construction Workers
Under Pennsylvania law, injured workers are generally entitled to workers’ compensation benefits. These benefits are designed to cover:
- Medical Expenses: Hospital bills, rehabilitation, and ongoing treatment costs.
- Lost Wages: Compensation for the income you lose while recovering.
- Disability Benefits: Payments for partial or total disability resulting from your injury.
Workers’ compensation is a no-fault system, meaning you do not have to prove your employer was negligent. However, the claims process can be complex, and disputes can arise over the severity of injuries or the duration of benefits.
Similar Post: Workplace Injuries in Philadelphia: When is it More Than Just a Workers’ Compensation Case?
Third-Party Liability Claims
While workers’ compensation is your primary recourse, it may not fully cover your losses. If a third party’s negligence contributed to your injury, you may be eligible to file a personal injury lawsuit. Examples of third-party liability in construction accidents include:
- Defective Equipment Manufacturers: Faulty tools or machinery that lead to injuries.
- Subcontractors: Negligence by other companies working on the site.
- Property Owners: Unsafe conditions on the property where the construction site is located.
Unlike workers’ compensation, third-party lawsuits allow you to seek damages for pain and suffering, in addition to economic losses. These claims often require extensive investigation and legal experience to prove liability.
Understanding Comparative Negligence in Pennsylvania
Under Pennsylvania’s comparative negligence law, your compensation after a construction accident is determined by your degree of fault. If you are found partially responsible, your damages will be reduced in proportion to your percentage of fault—for example, a 30% fault determination results in a 30% reduction in compensation.
However, if you are more than 50% at fault, you are not eligible to recover damages. Working with an experienced construction accident attorney can help ensure fault is assigned fairly, safeguarding your right to a just financial recovery.
The Role of OSHA in Construction Safety
The Occupational Safety and Health Administration (OSHA) sets safety standards for construction sites. Common OSHA violations that lead to construction accidents include:
- Failure to provide fall protection.
- Improperly maintained scaffolding.
- Lack of adequate training for machinery use.
- Poorly managed hazardous materials.
If your accident resulted from an OSHA violation, this could strengthen your case in a third-party liability claim. Documenting the site conditions and any safety violations is critical to building a robust case.
Why Hire a Construction Accident Lawyer?
Navigating the legal complexities of construction accident claims can be overwhelming. A skilled construction accident attorney provides several benefits:
- Claim Optimization: Ensures you receive maximum workers’ compensation benefits.
- Investigation: Gathers evidence to support third-party claims.
- Negotiation: Handles negotiations with insurance companies to secure fair settlements.
- Representation: Advocates for your rights in court if a settlement cannot be reached.
van der Veen, Hartshorn, Levin & Lindheim handles construction accident cases, offering personalized legal strategies to help injured workers secure the compensation they need.
Steps to Take After a Construction Accident in Philadelphia
If you’ve been injured in a construction accident in Philly, take these steps to protect your health and legal rights:
- Seek Immediate Medical Attention: Document your injuries and follow all prescribed treatments.
- Report the Accident: Notify your employer or site supervisor as soon as possible.
- Document the Scene: Take photos or videos of the accident site, equipment, and any visible hazards.
- Gather Witness Information: Collect contact details for coworkers or others who witnessed the incident.
- Consult an Attorney: Contact a construction accident lawyer to discuss your legal options.
Taking prompt action not only protects your health but also strengthens your case for compensation.
Similar Post: 5 Critical Things to Do After a Construction Site Injury in Pennsylvania
Frequently Asked Questions About Construction Accident Claims
1. Can I file a lawsuit if I’m receiving workers’ compensation?
Yes, you can pursue a third-party liability claim while receiving workers’ compensation if a non-employer’s negligence contributed to your injury.
2. How long do I have to file a claim?
Under Pennsylvania law, injured individuals have a two-year statute of limitations to file personal injury claims. Workers’ compensation claims must be reported to an employer within 120 days of the injury. However, the sooner you do this, the better.
Contact van der Veen, Hartshorn, Levin & Lindheim Today — Your Trusted Construction Accident Lawyers in Philly and Beyond
If you’ve been injured in a construction accident, don’t face the challenges alone. van der Veen, Hartshorn, Levin & Lindheim are here to help you navigate the legal process and secure the compensation you need on the road to recovery. Serving clients in Center City, University City, Doylestown, North Philadelphia and surrounding areas, our personal injury team has a proven track record of success in construction accident cases.
Call van der Veen, Hartshorn, Levin & Lindheim at 215-486-0123 or fill out our online contact form to schedule a free consultation. Let us provide the guidance and advocacy you need to rebuild your life after a construction accident. Time is critical, so take the first step toward justice by contacting our experienced construction accident attorneys now.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized legal assistance, please consult with a qualified attorney.