Construction work is one of the most dangerous professions in Pennsylvania, with workers facing daily risks from falls, electrical hazards, malfunctioning machinery, and unsafe working environments. When an accident occurs, the injured worker may be left with serious injuries, mounting medical bills, and uncertainty about their financial future. Understanding the legal process for obtaining compensation is crucial for anyone involved in a construction accident.
A Pennsylvania construction accident lawsuit is one potential legal pathway for an injured worker to recover damages. While some workers may receive compensation through the state’s workers’ compensation system, others may need to file a personal injury lawsuit against a negligent party.
This guide explains the steps involved in filing a claim, the types of compensation available, the difference between workers’ compensation and personal injury lawsuits, and the legal requirements for proving negligence. If you have been injured on a construction site in Pennsylvania, knowing your rights can help you take the necessary legal steps to secure the compensation you deserve.
What is a Pennsylvania Construction Accident Lawsuit?
A construction accident lawsuit is a legal claim filed by an injured worker against a party responsible for causing their injury. These lawsuits are typically filed when a construction accident occurs due to negligence, unsafe working conditions, or faulty equipment.
Who Can Be Held Responsible for a Construction Accident?
In Pennsylvania, workers’ compensation laws generally prevent employees from suing their employers for workplace injuries. Instead, workers' compensation provides financial support for medical bills and lost wages. However, there are situations where an injured construction worker may be able to file a lawsuit instead of, or in addition to, seeking workers’ compensation benefits.
A lawsuit may be possible if the accident was caused by a third party, such as a subcontractor, an equipment manufacturer, or a property owner who failed to maintain a safe work environment. In some cases, an employer can also be sued if they engaged in willful misconduct or gross negligence, such as violating safety regulations.
How to Prove Negligence in a Construction Accident
To successfully file a lawsuit, the injured worker must prove that another party’s negligence directly caused their injuries. This can be done by demonstrating:
- The defendant had a duty to maintain a safe working environment.
- The defendant failed to meet that duty.
- The worker suffered injuries as a direct result.
- The worker experienced financial damages because of the injury.
Steps to Take After a Pennsylvania Construction Accident
The moments and days following a construction accident are critical in building a strong legal case. Taking the right steps can help ensure that an injured worker receives the compensation they are entitled to.
- Report the Injury to an Employer
The first step after a construction accident is to notify the employer or supervisor about the injury. In Pennsylvania, a worker has up to 120 days to report the injury to qualify for workers’ compensation benefits. However, reporting the injury immediately helps ensure that there is a documented record of the accident, which can be beneficial in both workers' compensation claims and personal injury lawsuits.
- Seek Immediate Medical Attention
Getting medical treatment as soon as possible is crucial, even if the injury seems minor at first. Some injuries, such as head trauma or internal bleeding, may not show symptoms immediately but can become serious over time.
A medical evaluation will not only ensure that the worker receives appropriate care but will also serve as evidence of the injury for legal claims. Medical records, including doctor’s notes, treatment plans, prescriptions, and diagnostic tests, play a critical role in proving the extent of the injuries and their impact on the worker’s life.
- Collect Evidence from the Accident Scene
Evidence is key to building a strong construction accident claim. Gathering information from the accident scene can help establish liability. Important evidence may include:
- Photographs and videos of the accident site, machinery or equipment involved, and visible injuries.
- Witness statements from coworkers or bystanders.
- Documentation of safety violations, such as missing guardrails, faulty scaffolding, or malfunctioning equipment.
- A copy of your work schedule and job assignment to prove you were present on-site.
- Consult a Construction Accident Attorney
Navigating the legal system can be complex, and construction accident cases often involve multiple parties, including employers, contractors, property owners, and insurance companies.
Consulting a lawyer who specializes in Pennsylvania construction accident lawsuits can help an injured worker understand their legal rights and determine the best course of action. An experienced attorney will evaluate the case, gather evidence, negotiate with insurance companies, and represent the injured worker in court if necessary.
- File a Legal Claim or Workers’ Compensation Case
Depending on the circumstances of the accident, an injured worker may file a workers’ compensation claim, a personal injury lawsuit, or both.
If the case qualifies for a personal injury lawsuit, the attorney will file a legal complaint against the responsible party and seek a settlement or, if necessary, take the case to trial. If the case falls under workers’ compensation, the injured worker will need to follow the state’s workers’ compensation process to receive benefits.
Workers' Compensation vs. Personal Injury Lawsuits
It is important to understand the difference between workers’ compensation benefits and a personal injury lawsuit.
Workers’ Compensation
Workers' compensation is designed to provide benefits for injured employees, regardless of fault. This means that an employee can receive benefits even if the accident was their own fault. However, there are limitations:
- Workers' compensation only covers medical expenses and lost wages.
- It does not provide compensation for pain and suffering.
- It prevents employees from suing their employer unless gross negligence can be proven.
Personal Injury Lawsuit
A personal injury lawsuit allows an injured worker to seek additional compensation if a third party (such as a subcontractor or manufacturer) was responsible for the accident. Some key differences include:
- Requires proving negligence.
- Allows for additional compensation, including pain and suffering.
- Often results in higher payouts.
- May take longer to resolve compared to workers' compensation claims.
If an accident was caused by a third-party, an injured worker may be eligible for both workers' compensation and a personal injury lawsuit.
How Much Compensation Can You Receive in a Construction Accident Lawsuit?
The amount of compensation an injured worker can receive depends on factors such as the severity of the injury, the medical costs involved, and whether the injury results in long-term disability.
Types of Compensation Available
Compensation in a construction accident lawsuit may include:
- Medical expenses, including emergency care, surgery, and rehabilitation.
- Lost wages, both immediate and future, if the worker is unable to return to work.
- Pain and suffering, which compensates for physical and emotional distress.
- Permanent disability benefits, if the worker is unable to work permanently.
- Punitive damages, in cases where the employer or another party was grossly negligent.
Typical Settlement Amounts
Settlement amounts vary widely based on the specifics of the case:
- Moderate injuries may result in settlements ranging from $50,000 to $200,000.
- Severe injuries leading to permanent disability may result in payouts exceeding $1 million.
Frequently Asked Questions About Pennsylvania Construction Accident Lawsuits
How long do I have to file a lawsuit after a construction accident in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit after a construction accident is two years from the date of the accident. If you are filing a workers’ compensation claim, you must report the injury to your employer within 120 days and formally file a claim within three years. Failing to meet these deadlines can result in losing your right to seek compensation.
Can I sue my employer if I receive workers’ compensation benefits?
Generally, Pennsylvania law does not allow employees to sue their employers for workplace injuries if they receive workers’ compensation benefits. However, exceptions exist. If your employer engaged in willful misconduct, such as intentionally violating safety regulations, you may be able to file a personal injury lawsuit. Additionally, if a third party, such as a contractor, manufacturer, or property owner, contributed to the accident, you may be able to sue them while still receiving workers’ compensation.
What if I was partially at fault for my construction accident?
Pennsylvania follows a comparative negligence rule, meaning you can still recover compensation as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% responsible for the accident and were awarded $100,000 in damages, your final settlement would be reduced to $80,000.
Do I need a lawyer for a construction accident lawsuit?
While it is possible to file a claim on your own, having a lawyer greatly improves your chances of receiving maximum compensation. Construction accident cases often involve multiple parties, complex liability issues, and negotiations with insurance companies that may try to minimize your payout. An experienced attorney can help gather evidence, prove negligence, handle paperwork, and negotiate a fair settlement or represent you in court if necessary.
How much compensation can I expect from a construction accident lawsuit?
The amount of compensation varies depending on factors such as the severity of the injury, medical costs, lost wages, and whether the injury causes permanent disability. Settlements for minor to moderate injuries can range from $50,000 to $200,000, while severe injuries, such as spinal cord damage or brain trauma, can result in settlements or verdicts exceeding $1 million.
Contact Fulginiti Law Today
If you or a loved one has been injured in a construction accident in Pennsylvania, you may be entitled to significant compensation. A qualified construction accident attorney can help you understand your legal options, build a strong case, and fight for the compensation you deserve.
Delaying legal action can hurt your case, as evidence may disappear and deadlines may pass. Contact Fulginiti Law today to discuss your case and take the first step toward securing financial recovery.
