Construction work is one of the most dangerous professions in Pennsylvania. Every day, workers face significant risks, from heavy machinery accidents to hazardous falls. When injuries occur, workers often face overwhelming medical bills, lost wages, and uncertainty about their future. Pennsylvania law provides protections for injured construction workers through workers' compensation benefits and third-party liability claims, but navigating the legal system can be challenging.
This guide will break down everything you need to know about construction accident compensation in Pennsylvania, including the types of claims available, common causes of injuries, how to file a claim, and how to maximize your settlement.
Understanding Construction Accident Compensation in Pennsylvania
If you are injured on a construction site in Pennsylvania, you may be entitled to financial compensation. The amount you receive depends on the type and severity of your injury, whether your employer carries workers' compensation insurance, and whether a third party (such as an equipment manufacturer) was responsible for your injury.
Types of Compensation Available
Workers injured in Pennsylvania construction accidents can seek compensation through the following avenues:
- Workers' Compensation Benefits
Workers' compensation is the primary system for compensating injured construction workers. It provides financial relief for:
- Medical expenses – Covers hospital visits, medications, surgery, and rehabilitation.
- Lost wages – Reimburses a portion of income lost due to injury.
- Disability benefits – Provides ongoing financial support if an injury leads to temporary or permanent disability.
- Third-Party Liability Claims
If a party other than your employer (such as a contractor, property owner, or equipment manufacturer) contributed to your injury, you may have the right to file a lawsuit against them. Third-party claims can provide compensation for:
- Pain and suffering – Unlike workers' comp, third-party claims allow for non-economic damages.
- Full wage replacement – Workers' comp only covers partial lost wages, but lawsuits can recover full lost income.
- Punitive damages – If negligence was extreme, additional compensation may be awarded.
Common Causes of Construction Accidents in Pennsylvania
Construction accidents can occur in many ways. Some of the most frequent causes include:
- Falls from Heights
Many construction jobs involve working on scaffolding, ladders, or roofs. A fall from a high elevation can result in broken bones, head trauma, spinal injuries, or death. Falls are the leading cause of fatal construction accidents.
- Electrocution
Faulty wiring, exposed power lines, and malfunctioning electrical equipment pose serious dangers. Electrical burns, cardiac arrest, and nerve damage are common injuries associated with electrocution.
- Machinery and Equipment Malfunctions
Construction workers rely on heavy machinery such as cranes, forklifts, and bulldozers. If a machine is defective or poorly maintained, it can cause serious injuries, including amputations, crush injuries, or traumatic brain injuries (TBIs).
- Falling Objects
Construction sites often involve multi-level structures. Tools, debris, and materials falling from above can lead to head injuries, concussions, or fractures.
- Slips, Trips, and Falls
Uneven surfaces, misplaced tools, and wet or icy conditions can lead to slip-and-fall accidents, resulting in sprains, fractures, or back injuries.
Pennsylvania Workers' Compensation Laws for Construction Injuries
Pennsylvania law mandates that most employers carry workers' compensation insurance to cover employees who are injured on the job. This system ensures that workers receive medical and wage benefits, regardless of fault.
What Does Workers’ Compensation Cover?
Workers’ comp benefits include:
- Medical Expenses – Covers hospitalization, doctor visits, physical therapy, and prescription drugs.
- Lost Wages – Provides partial wage replacement (typically 66% of your average weekly wage).
- Disability Benefits – If the injury results in permanent impairment, additional compensation may be awarded.
Who Qualifies for Workers' Compensation?
To be eligible, you must:
- Be an employee (not an independent contractor).
- Have suffered a work-related injury.
- Report your injury to your employer within 21 days.
Third-Party Liability in Construction Accident Claims
While workers' compensation prevents employees from suing their employers, injured workers can file lawsuits against third parties whose negligence contributed to their accident.
When Can a Third-Party Claim Be Filed?
- Defective Equipment – If a machine malfunction caused your injury, the manufacturer may be liable.
- Negligent Subcontractors – If another contractor’s unsafe actions caused your accident, they can be sued.
- Unsafe Property Conditions – If a property owner failed to fix hazards on the job site, they can be held responsible.
Unlike workers' compensation, third-party lawsuits allow for full wage replacement, pain and suffering damages, and punitive damages.
Steps to Take After a Construction Accident in Pennsylvania
If you are injured on a construction site, taking the right steps can help you secure the compensation you need for your recovery. Follow these essential steps:
- Seek Medical Attention Immediately
Your health should be the top priority. Even if injuries seem minor, getting a medical evaluation ensures that the full extent of your injury is documented.
- Report the Accident to Your Employer
Notify your employer about the accident as soon as possible. In Pennsylvania, you have 21 days to report the injury to remain eligible for workers' compensation benefits.
- Gather Evidence
If possible, document the accident scene. Take photos of hazardous conditions, equipment involved, and your injuries. Collect witness statements if any coworkers saw the incident.
- Consult a Workers’ Compensation Attorney
Navigating the legal system can be challenging. An experienced workers’ compensation lawyer can help ensure that your claim is filed correctly and that you receive the maximum benefits available.
- File Your Claim
Your attorney will help you file a workers' compensation claim and, if applicable, a third-party liability lawsuit to seek additional damages.
Compensation for Lost Wages and Medical Expenses
The amount of compensation you receive depends on factors such as:
- Severity of the injury
- Ability to return to work
- Medical treatment required
Maximum Payout for Construction Injuries in Pennsylvania
Workers’ comp benefits have limits, but third-party lawsuits do not. A personal injury lawsuit can result in higher payouts than workers' comp alone.
How to Maximize Your Construction Injury Settlement
Follow these tips to get the highest possible settlement:
- Document Everything – Keep records of medical treatments, lost wages, and accident reports.
- Hire an Attorney – Legal professionals know how to negotiate for higher settlements.
- File Claims Promptly – Missing deadlines can result in claim denial.
- Provide Strong Evidence – Photos, witness statements, and medical records strengthen your case.
Frequently Asked Questions (FAQ) – Pennsylvania Construction Accident Compensation
What is the average settlement for a construction accident in Pennsylvania?
The settlement amount varies depending on the severity of the injury, lost wages, medical expenses, and whether a third-party claim is involved. Workers' compensation typically covers lost income and medical costs, but third-party lawsuits can result in much higher payouts, including pain and suffering damages.
Can I sue my employer for a construction accident?
In most cases, no. Pennsylvania’s workers' compensation laws protect employers from lawsuits as long as they provide workers’ compensation coverage. However, if an employer’s gross negligence directly caused the accident, or if they do not carry the required workers’ comp insurance, an injured worker may be able to file a lawsuit against them.
What should I do if my workers' compensation claim is denied?
If your workers’ comp claim is denied, you have the right to file an appeal. The first step is to request a hearing with the Pennsylvania Workers’ Compensation Appeal Board. It is highly recommended to consult a workers’ compensation attorney who can help gather evidence, represent you at hearings, and fight for the benefits you are entitled to.
What if a third party, such as a contractor or equipment manufacturer, caused my injury?
If a party other than your employer contributed to your accident—such as a negligent contractor, property owner, or manufacturer of defective equipment—you may be able to file a third-party liability claim. Unlike workers’ compensation, third-party claims allow you to seek full lost wages, pain and suffering damages, and even punitive damages in some cases.
How long do I have to file a construction injury claim in Pennsylvania?
For workers' compensation, you must report your injury to your employer within 21 days, and you have up to three years to file a claim. If you are pursuing a third-party lawsuit, Pennsylvania law generally allows you to file within two years of the accident. Missing these deadlines could prevent you from receiving compensation.
Contact Fulginiti Law Today
Construction accidents can lead to serious financial and medical hardships. If you were injured, don’t leave your compensation to chance. Take immediate action to protect your legal rights.
If you're struggling with a workers' comp claim or think you have a third-party liability case, get help from an experienced Pennsylvania construction accident attorney. Contact us today to schedule your free consultation.
