Construction work is demanding and dangerous. In many areas of Pennsylvania, it is also a primary source of income for thousands of families. You depend on your job to support yourself, and you rely on your employer to provide a safe workplace that conforms to federal and state standards. Unfortunately, many construction companies cut corners in an effort to save money, putting their workers at risk of injury.
IF YOU OR A LOVED ONE HAS BEEN THE VICTIM OF A CONSTRUCTION ACCIDENT DUE TO SOMEONE ELSE’S NEGLIGENCE, AN EXPERIENCED PHILADELPHIA CONSTRUCTION ACCIDENT LAWYER WILL FIGHT FOR THE COMPENSATION YOU DESERVE. CONTACT WAPNER NEWMAN FOR YOUR FREE CASE CONSULTATION: (215) 569-0900.
Why Choose Us?
The Right Kind of Experience
At Wapner Newman, we have a track record of success that demonstrates our ability to faithfully represent injured construction workers. We always fight hard for maximum compensation and never entertain offers below what they deserve.
When you choose our firm. You get a firm with:
- Decades of experience recovering valuable compensation for workers
- A team of award-winning attorneys who always fight for maximum compensation
- Personalized care and treatment
- Direct access for clients.
Contact us today and take the next step toward the payout you need and deserve. A seasoned Philadelphia construction accident lawyer is ready to discuss your case at no charge. Call (215) 569-0900 to schedule a free consultation today.
Types of Construction Accidents
There are many ways in which construction workers can suffer on-the-job injuries.
Some of the most common types of construction accidents include:
- Construction site falls
- Scaffolding accidents
- Trench collapses
- Equipment failure
- Falling objects
- Burn injuries
- Building collapse.
Any type of construction accident has the potential to result in catastrophic personal injuries. Even when workers have insurance, medical expenses can quickly become unmanageable. When injuries are severe, the victim may need long-term rehabilitative care, ongoing personal assistance with daily living, and multiple surgeries.
What Employers Should Be Doing
In October 2017, the Occupational Safety and Health Administration fined a South Jersey construction company for safety violations at a Philadelphia job site. There, inspectors found employees that were dangerously close to power lines while they stood on scaffolding. OSHA cited the company for exposing workers to falls and electrical hazards, failing to train workers about scaffold hazards, failing to create and implement an accident prevention program, and not outfitting workers with hard hats. And it wasn’t the first time that the company had been cited for safety violations.
Often, OSHA cites construction companies over and over again for the same safety violations, especially scaffolding hazards. It’s not uncommon for Philadelphians to see construction workers on scaffolding, extension ladders, or rooftops with no fall protection whatsoever.
In 2016, OSHA issued a statement calling on Philadelphia construction companies to get serious about fall protection, after five workers suffered serious or fatal injuries in a single month. One roofing worker who was not provided with fall protection fell 25 feet to his death.
Employers who fail to equip their workers with harnesses, hard hats, and other necessary safety devices are violating federal law and putting workers at risk of injury or death. Unfortunately, few businesses are ever prosecuted for their actions. They simply pay a fine and continue doing business as usual. For workers who are severely injured due to their employer’s negligence, moving on with life isn’t so easy.
Compensation After a Construction Accident
Construction accidents are notoriously devastating and routinely knock workers out of the workforce. Without some type of compensation, these workers and their families would face insurmountable financial pressures. Fortunately, compensation is available to help them weather the difficulties.
Workers’ Compensation
Workers’ compensation benefits are available for most on-the-job injuries. They replace the compensation from lawsuits an employee might bring against their employer. Workers’ comp benefits are not as extensive as the compensation a worker can get from a lawsuit, but lawsuits against employers are generally not allowed for workplace injuries, even when the employer is negligent, unless the employer fails to procure workers’ comp insurance.
If you are injured on the job, the extent and nature of your injury will determine the benefits you receive. For your injuries, you can expect to receive:
- Reasonable medical care and treatment
- Hospital treatment and care
- Prescription medication
- Orthopedic equipment.
Regarding the time you miss from work, you can also seek compensation for lost wages. However, workers’ compensation does not pay 100% of an injured worker’s lost income. Instead, the insurance will pay out up to two-thirds of a worker’s salary up to the state maximum, depending on the classification of disability the worker suffers from.
Generally speaking, work injuries are one of the following types:
- Temporary Partial: Temporary partial disability is a disability that is not permanent and allows the worker to engage in limited work.
- Temporary Total: Temporary total disabilities are not permanent but completely prevent the worker from engaging in any form of employment.
- Permanent Partial: Permanent partial disabilities are disabilities that are permanent but not totally disabling, allowing those who have them to engage in modified work.
- Permanent Total: A permanent total disability prevents the worker from returning to any form of gainful employment.
To determine the seriousness of an injury, doctors must examine the worker and evaluate their condition. Workers must seek treatment from a list of employer-chosen doctors unless the employer fails to provide an adequate list or notice of the employee’s obligation to use the employer’s doctor.
The duration of workers’ compensation benefits depends on the classification. Under Pennsylvania law, there is no maximum amount of time that a person can receive benefits if deemed totally and permanently disabled. However, workers considered to be only partially disabled can only receive up to 500 weeks of benefits.
Independent Rating Evaluation
Independent rating evaluations (IREs) help doctors determine the extent of a worker’s disability for workers’ compensation purposes. For many decades, IREs used a 50% standard when dealing with disabilities. Any worker with a disability rating of less than 50% would receive a partial disability classification.
The Pennsylvania Supreme Court struck this law down in 2017 as unconstitutional, which temporarily ended IREs. But in 2018, the Pennsylvania legislature passed House Bill 1840, which brought them back. Now, however, the threshold for downgrading a worker from permanently disabled to partially disabled is much lower at 35%.
Third-Party Lawsuit
Workers’ compensation is not the only recourse a construction worker might have. If a third party causes a worker to be harmed, the worker can potentially demand compensation from this third party. A third party typically refers to someone outside of the company’s workforce. For example, a concrete delivery company driver who negligently crashes into a building under construction is a third party and may face liability for their negligence.
Other third parties may include:
- Customers
- Clients
- Property owners
- Tool and equipment manufacturers
- Employers of third-party workers.
The advantage of third-party lawsuits is that the injured worker can seek full compensation for their losses and not simply partial wage replacement and medical care. Compensable losses in a third-party lawsuit include:
- Medical care and expenses related to the injury
- 100% of lost wages
- Lost future earning capacity
- Pain and suffering
- Mental anguish
- Discomfort
- Disfigurement.
In cases where the third party’s actions are particularly malicious or done with reckless indifference to the rights and safety of others, punitive damages may also be available. They serve to deter and punish bad behavior and are paid out on top of an injured worker’s compensable losses.
Frequently Asked Questions
The following questions and answers will provide you with more information on construction accidents in Philadelphia. Please call our office for more answers and information.
Do I need a construction accident lawyer to represent me?
Yes. To get full compensation, you need an experienced attorney to represent your interests during the compensation process. Without one, you stand to receive less money.
How much do construction accident lawyers in Philadelphia charge?
Construction accident lawyers charge no money up front. They take their fee from your settlement or verdict at the end of the case. If you get nothing, they get nothing.
How long will my construction accident case take?
It depends on the facts of your case. Depending on the complexities and issues involved, it could take as little as a couple of months or longer than a year.
How much compensation is my case worth?
It is impossible to say without reviewing the unique details of your case.
What happens if my employer retaliates against me for reporting my injury?
Employer retaliation is illegal. If it happens to you, try to document everything and discuss your situation with an attorney. You may be entitled to damages.
Please feel free to give us a call to get more answers from an experienced construction accident lawyer.
Contact an Experienced Construction Accident Lawyer in Philadelphia
Our construction accident attorneys in Philadelphia are devoted to helping injured workers get the justice they deserve and will work tirelessly to ensure you and your family are provided with everything you need to recover.
If you have been injured in a construction site accident in New Jersey or Pennsylvania, please contact us online or at (215) 569-0900 to schedule a free initial consultation with a personal injury lawyer in Philadelphia.