Construction sites are some of the most dangerous workplaces in Pennsylvania. Every year, workers suffer serious injuries due to falls, equipment failures, electrocution, and other hazardous conditions. When accidents happen, injured workers often face significant medical bills, lost income, and long recovery periods. Understanding your rights and legal options can make a crucial difference in securing fair compensation.
If you or a loved one has been injured in a construction accident, hiring an experienced Pennsylvania construction accident attorney can help you navigate the legal process and maximize your settlement. This guide will walk you through everything you need to know, including common construction accidents, Pennsylvania workers’ compensation laws, when to hire a lawyer, and what compensation you may be entitled to.
Common Construction Accidents in Pennsylvania
Construction workers operate in high-risk environments where accidents can occur in many different ways. Here are some of the most common types of construction accidents in Pennsylvania:
Falls from Heights
Falls from scaffolding, ladders, roofs, or other elevated surfaces are the leading cause of construction-related injuries. These accidents often result in severe injuries such as broken bones, spinal cord damage, and traumatic brain injuries (TBIs). In many cases, falls occur due to a lack of proper safety equipment, unsecured ladders, or structural defects.
Heavy Machinery Accidents
Construction sites use powerful machinery, including cranes, bulldozers, forklifts, and excavators. Accidents involving heavy equipment can occur due to operator error, mechanical failures, or lack of proper maintenance. These accidents often cause crushing injuries, amputations, and permanent disabilities.
Electrocution and Electrical Injuries
Exposure to live wires, faulty wiring, and overhead power lines can lead to severe electrocution injuries. Electrical accidents may cause burns, nerve damage, and even fatal heart complications. Employers are required to follow strict Occupational Safety and Health Administration (OSHA) regulations to prevent electrical hazards, but violations frequently occur.
Falling Objects
Construction sites often involve multiple levels of activity, and workers below may be struck by falling tools, debris, or construction materials. Even with protective gear, a falling object can cause serious head injuries, fractures, or internal damage.
Trench Collapses and Structural Failures
Excavation sites and trenches pose a significant risk for workers. A trench collapse can bury workers under tons of soil, leading to suffocation or severe injuries. Structural failures, such as scaffolding collapses, can also cause serious accidents.
These and other hazards highlight why construction workers need strong legal protection when accidents occur.
Legal Rights of Injured Construction Workers in Pennsylvania
If you are injured in a construction accident, Pennsylvania law provides legal protections that allow you to seek compensation for your damages. There are two primary legal avenues for injured construction workers:
Workers’ Compensation Benefits
Under Pennsylvania law, most employers are required to carry workers’ compensation insurance. This system provides benefits to employees injured on the job, regardless of who was at fault. Workers’ compensation covers:
- Medical expenses for injury-related treatments, surgeries, and rehabilitation.
- Lost wages if the injury prevents you from working.
- Disability benefits for temporary or permanent disabilities.
- Death benefits for families of workers who suffered fatal accidents.
However, workers’ compensation does not cover pain and suffering, and in some cases, benefits may not be enough to fully compensate for your losses.
Third-Party Personal Injury Claims
In some cases, an injured worker may be able to file a third-party personal injury lawsuit in addition to receiving workers’ compensation. These lawsuits apply when someone other than your employer—such as a negligent contractor, equipment manufacturer, or property owner—is responsible for your injuries.
A Pennsylvania construction accident attorney can evaluate your case and determine whether you have a valid personal injury claim.
When to Hire a Pennsylvania Construction Accident Attorney
Many injured workers assume they can handle their claims alone, but insurance companies often look for ways to minimize payouts or deny claims entirely. Hiring an experienced attorney can ensure your rights are protected and that you receive the full compensation you deserve.
You should contact an attorney if:
Your Workers’ Compensation Claim Was Denied
Insurance companies frequently reject claims for reasons such as missing paperwork or disputing whether the injury was work-related. An attorney can appeal your denial and gather evidence to support your claim.
Your Injuries Are Severe or Permanent
If your injuries prevent you from returning to work or require long-term care, you need a lawyer to calculate your future medical expenses and lost earning capacity to ensure you receive adequate compensation.
A Third Party May Be Liable
If your accident was caused by defective machinery, unsafe working conditions, or a subcontractor’s negligence, you may have grounds for a third-party lawsuit in addition to your workers’ compensation claim.
You’re Unsure About Your Legal Rights
Many injured workers accept low settlement offers because they don’t realize they qualify for more compensation. A lawyer will explain your options and ensure you receive fair treatment.
How to Choose the Best Construction Accident Attorney in PA
Choosing the right attorney is crucial to the success of your case. Here are key factors to consider:
Experience in Construction Accident Cases
Look for a lawyer who specializes in construction injury claims and has a proven track record of securing compensation for injured workers.
Knowledge of Pennsylvania Workers’ Compensation Laws
A skilled attorney will understand the complexities of workers’ comp laws and know how to handle disputes with employers and insurance providers.
Strong Litigation Experience
If a third-party lawsuit is an option, your attorney should have experience taking cases to court and negotiating settlements.
Transparent Fees
Most construction accident attorneys work on a contingency fee basis, meaning you only pay if they win your case. Be sure to ask about legal fees upfront.
Filing a Construction Accident Claim in Pennsylvania
Filing a claim correctly and promptly is essential to getting the compensation you deserve. Here’s what you need to do:
- Seek Medical Treatment Immediately – Your health should be your top priority. Seeking medical attention also provides important documentation for your case.
- Report the Accident to Your Employer – Pennsylvania law requires you to report workplace injuries within 120 days.
- Gather Evidence – Take photos of the accident scene, collect witness statements, and keep all medical records related to your injury.
- File a Workers’ Compensation Claim – Your employer should submit your claim to their insurance provider.
- Consult an Attorney – If your claim is denied, delayed, or undervalued, an attorney can help you fight for full compensation.
What Compensation Can You Receive?
The amount of compensation you may receive depends on the severity of your injuries and the type of claim you file.
Workers’ Compensation Benefits:
- Coverage for medical expenses
- Partial wage replacement
- Disability benefits
Personal Injury Lawsuit Compensation:
- Full lost wages (including future lost earnings)
- Pain and suffering damages
- Punitive damages (if employer negligence is proven)
A Pennsylvania construction accident lawyer will calculate the full value of your claim to ensure you receive fair compensation.
Frequently Asked Questions (FAQs) About Pennsylvania Construction Accident Cases
How much does a Pennsylvania construction accident lawyer cost?
Most construction accident attorneys in Pennsylvania work on a contingency fee basis. This means you do not have to pay any upfront fees, and your attorney only gets paid if they win your case. The fee is typically a percentage of the settlement or court award. Before hiring a lawyer, you should ask about their fee structure to ensure there are no hidden costs.
Can I sue my employer if I was injured on a construction site?
In most cases, you cannot sue your employer directly due to Pennsylvania’s workers’ compensation laws, which provide benefits regardless of fault. However, if your employer acted with extreme negligence or intentionally put workers in danger, there may be exceptions that allow you to file a lawsuit. A lawyer can review your case and determine if you have grounds for a lawsuit outside of workers' compensation.
What if my workers’ compensation claim was denied?
If your claim is denied, you have the right to appeal. Workers' compensation denials often occur due to missing paperwork, employer disputes, or allegations that the injury was not work-related. A Pennsylvania construction accident attorney can help you gather the necessary evidence and represent you in hearings to overturn the denial.
How long do I have to file a workers’ compensation claim in Pennsylvania?
Pennsylvania law requires injured workers to report their injury to their employer within 120 days of the accident. To be eligible for benefits, you must file a formal workers' compensation claim within three years of the injury date. Failing to meet these deadlines could result in losing your right to compensation.
What compensation can I receive after a Pennsylvania construction accident?
The type of compensation you receive depends on whether you file a workers’ compensation claim or a personal injury lawsuit. Workers’ compensation benefits cover medical expenses, lost wages, and disability payments. If a third party was responsible for your injury, you may be able to file a personal injury lawsuit, which can provide compensation for pain and suffering, future lost wages, and emotional distress.
Contact Fulginiti Law Today
If you or a loved one has been injured in a Pennsylvania construction accident, you don’t have to navigate the legal process alone. An experienced construction accident attorney can fight for the compensation you deserve and protect your rights.
Don’t wait—schedule a free consultation with Fulginiti Law today.
