Recovering from a construction accident can be a long, challenging, and emotionally taxing process. Injured workers may face a wide range of physical, financial, and psychological obstacles as they work to regain their health and return to their normal lives. If you’re an injured worker, you may also be out of work and wondering how you will support your loved ones.
The Philadelphia construction accident attorneys at Philadelphia Injury Lawyers P.C. understand what you are facing, and we can help take the pressure off you. We are strong legal advocates who fight to protect your rights as an injured construction worker and get the compensation you deserve.
The road to recovery can be difficult, but with the right support system, including family, friends, medical professionals, and legal advocates, injured construction workers can overcome these challenges and work towards a successful recovery and a brighter future. To learn how we can protect your future, call our team today or contact us online.
Do You Need a Philadelphia Construction Accident Attorney?
While you aren’t legally required to get a Philadelphia personal injury lawyer to represent you in a construction accident claim, it may be a good idea. Why? If you don’t have a legal representative protecting your interests, you may settle for less than you deserve.
It’s important to note that in most cases, workers’ compensation is the exclusive remedy for employees injured on the job in Pennsylvania. However, there are some exceptions, such as when an employer intentionally causes harm or when a third party is liable for the injuries. This type of negligence can entitle you to receive money damages, and litigation is the only way to get them.
In a workers’ compensation case, you cannot claim damages like pain and suffering. Workers’ compensation covers your medical costs and a portion of your lost wages, but it is limited. By retaining the services of an injury attorney, you protect your right to recover the full value of your damages. Was there a defect with your equipment? Did a supervisor disregard OSHA safety standards? Was another worker impaired while on the job? Scenarios like these can entitle you to damages beyond those provided by workers’ comp, and getting legal advice is the only way to pursue your claim.
How Negligence Causes Construction Accidents in Philadelphia
Construction accidents in Philadelphia can often be traced back to negligence on the part of one or more parties involved in the project.
Some common examples of negligence that can lead to construction accidents include:
- Inadequate safety training : Employers have a responsibility to provide proper safety training to their workers. If they fail to do so and a worker is injured as a result, the employer may be considered negligent.
- Lack of safety equipment: Employers must provide workers with necessary safety equipment, such as hard hats, safety glasses, and fall protection gear. Failing to do so can be considered negligence.
- Unsafe working conditions: Property owners, general contractors, and subcontractors have a duty to maintain safe working conditions on construction sites. This includes properly maintaining equipment, ensuring proper lighting and ventilation, and addressing any hazardous conditions. Failing to do so can be considered negligence.
- Improper use of equipment : If workers are not properly trained on how to use construction equipment or if they use equipment in an unsafe manner, accidents can occur. This can be considered negligence on the part of the employer or the worker, depending on the circumstances.
- Failure to follow safety protocols: Construction sites have specific safety protocols in place to prevent accidents. If workers or supervisors fail to follow these protocols, it can be considered negligence.
- Defective equipment: If construction equipment like tools or scaffolding is defective and causes an accident, the manufacturer of that equipment may be liable.
- Inadequate site management : General contractors and subcontractors are responsible for properly managing construction sites, including coordinating work activities and ensuring that safety protocols are followed. Failing to do so can be considered negligence.
When negligence leads to a work-related accident and a worker is injured, you may be able to seek compensation through a workers’ compensation claim or a personal injury lawsuit, depending on the circumstances of the case. An experienced construction accident attorney can pursue appropriate legal action on behalf of the injured worker.
What Are the Types of Construction Accidents?
According to a knowledgeable personal injury lawyer in Philly, there are different types of construction accidents and most of them may include the following:
- Accidental burning
- Electrocution
- Exposure to harmful chemical and other hazardous materials like silica and asbestos
- Collapses of roof structures, walls, floors, and trenches
- Debris and falling objects
- Accidental falls from ladders and scaffolding
- Falls in elevator shafts
- Explosions and fires
- Machinery accidents including use of jackhammers and nail guns
- Faulty heavy equipment machinery (forklift, cranes, hoists, bulldozers dump trucks, conveyor belts, aerial lifts, and tractors)
- Motor vehicle accidents
- Accidental fall, slip and trip
- Overexertion
How a Philadelphia Construction Accident Lawyer Helps You Get Compensation
Injured construction workers in Philadelphia may be entitled to various forms of compensation, depending on the circumstances of their accident and the extent of their injuries. A Pennsylvania construction accident attorney can identify all of the damages you are entitled to recover so you don’t leave any money on the table that could help you with your recovery.
Ultimately, the compensation an injured construction worker can receive will depend on factors such as the severity of their injuries, the circumstances of the accident, and the negligence of any third parties involved. Call us now or contact us online to learn more about the value of your claim.
An injury lawyer can ensure that your rights are protected during litigation and fight for the compensation you need to support yourself and your family during the recovery process. We handle everything from paperwork to communicating with insurance companies so you can focus on your health.
Can You Be Fired for Filing a Philadelphia Construction Accident Injury Claim?
It is against the law for an employer to retaliate against an employee for exercising their legal rights, including filing a workers’ compensation claim or reporting a workplace accident.
The Pennsylvania Workers’ Compensation Act prohibits employers from discriminating or retaliating against employees who file workers’ compensation claims. This means that your employer cannot fire you, demote you, reduce your hours, or take any other adverse action against you solely because you filed a claim for benefits after a construction accident in Philadelphia.
Who Can Be Held Liable for Construction Accident Injuries in Philadelphia?
In Philadelphia, several parties can potentially be held liable for construction-related injuries, depending on the circumstances of the incident. These may include:
- Employers: Injured workers generally cannot sue their employer. But injured workers can file a workers’ compensation claim without needing to prove fault or negligence.
- Property owners: Property owners have a duty to ensure that their premises are safe for workers. If a property owner fails to address hazardous conditions or warn of potential dangers that could cause a fall or other trauma, they may be held liable for resulting injuries.
- General contractors and subcontractors: General contractors and subcontractors are responsible for overseeing construction projects and ensuring that safety protocols are followed. If they fail to do so and a worker is injured, they may be held liable.
- Equipment manufacturers: If a construction accident is caused by defective or malfunctioning equipment, the manufacturer of that equipment may be held liable for any resulting injuries.
- Architects and engineers: If a construction accident is caused by a design defect or a failure to properly plan for safety, the architects and engineers involved in the project may be liable.
- Third-party contractors: If a third-party contractor, such as a delivery driver or a utility worker, causes an accident on a construction site, their employer may be held liable for any resulting injuries.
Determining liability in a construction accident case can be complex, as multiple parties may share responsibility for the incident. An experienced construction accident attorney in Philadelphia can help investigate the accident, identify all potentially liable parties, and pursue compensation on behalf of the injured worker. Call us today if you need burn injury lawyers in Philadelphia or legal advice about any other workplace injuries.
Getting Compensation in a Wrongful Death Construction Accident Lawsuit in PA
In Pennsylvania, if a construction worker dies as a result of a work-related accident caused by negligence, members of the surviving family may be able to seek compensation through a wrongful death lawsuit. The process for getting compensation in a wrongful death construction accident lawsuit involves several steps:
Speak to an attorney
If you hope to have a successful lawsuit, the advice of an experienced lawyer will be invaluable. An attorney can tell you more about how to proceed with your claim, help you investigate and find evidence, and represent you in negotiations or in court, if necessary.
Investigate the incident
Once you have hired a lawyer, the investigation can begin. Your attorney will collect evidence and ask the tough questions to find out exactly what happened. Were there any OSHA safety violations that could have caused fatalities? Could an equipment defect could have led to your loved one’s death? Could another worker or supervisor bear liability for their negligence? The answers to these questions will form the basis of your lawsuit and could affect the compensation you could receive.
Identify all liable parties
There are many people who could bear liability for fatalities on construction sites. Another worker who was behaving carelessly or a supervisor who encouraged workers to disregard OSHA safety standards could be responsible. An equipment manufacturer could bear liability if there was a defect in the tools they make. An employer could be liable for damages if they forced workers to work long shifts that impaired their ability to work safely. One or more of these parties could be liable, so it’s important to identify them all in order to maximize the compensation you receive in your wrongful death claim.
File your lawsuit
Once you and your attorney have all the evidence you need, it’s time to file your lawsuit. You may be offered a settlement at this point, but make sure it is adequate before you accept. A lowball settlement offer won’t compensate you for the trauma of losing a loved one who may have also been your family’s primary breadwinner, so don’t be afraid to negotiate. Your lawyer can deal with insurance companies on your behalf to maximize your settlement.
It’s important to note that workers’ compensation death benefits may also be available to the surviving family, regardless of fault. However, these benefits are often limited and may not fully compensate for the losses suffered. A wrongful death lawsuit allows family members to seek additional compensation when negligence played a role in the worker’s death.
Navigating a wrongful death lawsuit can be complex and emotionally challenging. Surviving family members can work with an experienced attorney who can guide them through the process and fight for the compensation they deserve.
Get in touch with our team if you need brain injury lawyers in Philadelphia or legal counsel for construction fatalities.
Common Mistakes to Avoid in Construction Accident Lawsuits
If you have been injured in a construction accident, it’s important that you take steps to document what happened and preserve valuable evidence that could help you in the future. Here are some of the most common mistakes that people who are injured on construction sites make:
- Delaying Medical Treatment
- Failing to Report the Accident
- Not Documenting the Incident
- Not Following Doctor’s Orders
- Talking Too Much About the Accident
- Settling Too Quickly
- Admitting Fault
- Not Seeking Legal Help
- Ignoring Deadlines
- Underestimating Non-Economic Damages
- Accepting the First Insurance Offer
- Failing to Identify All Liable Parties
If you fall off a scaffolding, are injured by construction equipment, or have gotten injured any other way in your workplace, don’t wait to report what happened, get medical attention, and hire a lawyer. Any hesitation could affect your ability to receive compensation that will help you in recovery. Call our team right away if you need back injury lawyers in Philadelphia or legal counsel about any other type of workplace injury.
Talk to a Philadelphia Construction Accident Lawyer for Free
Navigating the legal system and dealing with insurance companies can be complex and overwhelming, especially while trying to recover from your injuries. That’s where the experienced construction accident attorneys at Philadelphia Injury Lawyers P.C. can help.
We understand the devastating impact a work injury can have on your life and your family. That’s why we offer free consultations to help you understand your legal options and determine the best course of action for your case. You can maximize your insurance company settlement or be awarded money by a judge; getting legal advice is the first step. To get your free consultation with a Philadelphia construction accident lawyer, call our legal team or fill out our online contact form. Your road to justice begins here.
