Working in construction is one of the most physically demanding and hazardous professions in Pennsylvania. With employees exposed to heights, heavy machinery, and hazardous environments, the risk of accidents is significantly higher than in other industries. For workers injured on the job, navigating compensation options can be overwhelming, but understanding the available pathways can provide essential financial relief during recovery.

Why Construction Accidents Are Common in Pennsylvania

The construction industry consistently ranks among the most dangerous sectors in the U.S., with Pennsylvania being no exception. Inadequate safety measures, complex workflows involving multiple contractors, and heavy reliance on machinery all contribute to the risk of workplace injuries. According to recent labor statistics, thousands of non-fatal injuries occur in the construction industry each year, with common accidents including falls, equipment malfunctions, and being struck by falling objects. Unfortunately, even with regulatory oversight, accidents often result in significant financial burdens for workers.

Workers' Compensation: The First Line of Defense

Pennsylvania law requires employers to carry workers' compensation insurance to protect employees who suffer injuries or illnesses while performing their job duties. This no-fault system ensures injured workers receive benefits without needing to prove that their employer was negligent.

What Workers' Compensation Covers:

1. Medical Expenses: All reasonable and necessary medical treatments related to the injury, including surgeries, therapy, and medication, are covered.
2. Lost Wages: Workers can recover a percentage of their average weekly wages if the injury prevents them from working for an extended period.
3. Disability Payments: Temporary or permanent disability benefits are available depending on the severity of the injury and the impact on the worker's ability to continue to earn a living.
4. Death Benefits: In cases of fatal accidents, the worker's dependents may receive financial support to cover funeral expenses and lost income.

It’s important for injured employees to report the incident to their employer within 120 days to maintain eligibility for workers’ compensation benefits. Filing a claim promptly ensures a smoother process.

Exploring Third-Party Liability Claims

In some cases, construction accidents involve third parties who are not the injured worker’s employer, such as subcontractors, equipment manufacturers, or property owners. When a third party’s negligence contributes to an accident, the injured worker may file a liability claim in addition to receiving workers’ compensation.

Common Examples of Third-Party Negligence:

• A subcontractor creates unsafe working conditions that lead to a fall.
• A defectively designed or manufactured tool causes a worker’s injury.
• A property owner fails to address known hazards on the construction site.

Unlike workers' compensation, a third-party liability claim allows injured workers to seek damages for non-economic losses like pain and suffering, along with economic damages not fully covered by workers’ compensation.

Pursuing a Personal Injury Lawsuit

A personal injury lawsuit is another potential avenue for financial recovery when a construction accident results from negligence. This type of claim is often pursued against a third party and aims to provide compensation for the full scope of the worker’s losses.

Damages Available Through Personal Injury Lawsuits:

• Economic Losses: Includes all direct financial losses such as medical bills, future treatment costs, and lost wages.
• Non-Economic Losses: Covers intangible losses like physical pain, emotional suffering, and reduced quality of life.

Pennsylvania follows a modified comparative negligence rule. This means that injured parties can recover compensation through a personal injury claim as long as they are not more than 50% at fault for the incident. However, the total award is reduced by their percentage of responsibility.

Wrongful Death Claims After Fatal Construction Accidents

Tragically, some construction accidents result in fatalities. Surviving family members may have the option to file a wrongful death lawsuit to recover compensation for financial and emotional losses. These claims typically address expenses like funeral costs, loss of income, and loss of companionship.

Key Considerations for Wrongful Death Claims:

• Only certain family members, such as spouses, children, or parents, can file a wrongful death lawsuit in Pennsylvania.
• The statute of limitations for filing wrongful death claims is typically two years from the date of death.

Acting promptly is critical to preserving evidence and ensuring compliance with legal deadlines.

Addressing OSHA Violations

The Occupational Safety and Health Administration (OSHA) establishes safety regulations to reduce construction site risks. When an employer or third party violates OSHA standards, these violations can play a pivotal role in compensation claims. For instance, failing to provide fall protection or allowing unsafe equipment use may demonstrate negligence.

Common Safety Violations That Lead to Claims:

• Lack of proper protective equipment (PPE)
• Inadequate training for workers
• Poor maintenance of tools and machinery

Identifying safety violations and documenting them thoroughly can strengthen both workers’ compensation and third-party claims.

Steps to Take After a Construction Accident

Taking immediate and strategic steps following an accident can protect a worker’s rights and maximize the potential for financial recovery:

1. Seek Medical Attention: Prioritize health and obtain official documentation of the injuries.
2. Report the Accident: Notify the employer or site supervisor as soon as possible to begin the workers’ compensation process.
3. Gather Evidence: Take photos and videos of the area, collect contact details of witnesses, and document any unsafe conditions.
4. Consult an Experienced Attorney: A legal expert can guide workers through the complexities of compensation claims and ensure no avenues are overlooked.

Conclusion

Recovering compensation after a construction accident in Pennsylvania often involves navigating multiple options, from workers' compensation to personal injury lawsuits and third-party claims. Each pathway offers unique benefits, and understanding how they interconnect is key to ensuring fair compensation. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania construction accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.