Philadelphia was founded in 1682, and construction workers have been building the city ever since. If you were injured building our homes, workplaces, infrastructure, or more, the law should take care of you.
Many workers are told they have to rely on Workers’ Comp and cannot sue for on-the-job injuries, but this is not true in every case. Many construction site accidents are caused by outside factors like dangerous drivers or defective equipment, allowing lawsuits. You can also sue if you are an independent contractor, though identifying that status might be tricky.
For a free review of your potential case, call Kenny, Burns & McGill’s Philadelphia construction site accident lawyers at (215) 423-5500.
Common Risks of Injury on Construction Accident Sites in Philadelphia
Philly construction sites have some of the most common workplace injury risks: electrocution, being struck by something, being caught between things, and falling. On top of this, there are some additional risks specific to construction sites.
Scaffolding, ladders, and multi-story construction make falling a constant risk. However, it also means materials and tools could be dropped or even thrown from high places, hitting you below. Improper construction of scaffolding and broken or damaged ladders could also contribute to falls, as could horseplay by coworkers.
Construction vehicles often cause injuries, especially cranes. Crane accidents and injuries from backhoes, bulldozers, and even forklifts are liable to injure you through operator error, improper training, and improper supervision.
Construction workers also face potential injury from many tools and gear they use. If there is a problem with the manufacturing of a power tool, a piece of protective equipment, or certain materials, you could face serious injury.
Who Can Be Held Responsible for Construction Site Accidents?
The specifics of what happened and who caused your injury will change who is liable. In many cases, your direct employer is immune to a lawsuit, but only if you are an “employee.” Our construction site accident lawyers can also hold other potential third parties liable for the injuries they cause.
All kinds of contractors, workers, and outside suppliers touch construction sites in various ways. If any of them cause your injuries through negligence, dangerous deliveries, or even negligent vehicle operation, you can hold them responsible.
Equipment manufacturers are also often liable for injuries. If materials, protective gear, or power tools are not manufactured properly, you could face serious injury. Amputations caused by defective emergency stop mechanisms, lung injuries caused by defective respirators, and collapses from defective scaffolding are all examples of this.
Lastly, a common cause of injury – especially for roadside construction crews – is auto accidents. If you were hit by a car or truck while working on a construction site, we can help you seek compensation.
In many cases, these parties could also be liable:
- Construction firms
- Property owners/developers
- Contractors
- Subcontractors
- Architects/engineers
- Equipment suppliers.
Who Can Sue for Construction Site Accidents?
Workers’ Compensation laws often prevent lawsuits against your direct employer, but these only apply if you are an “employee.” Many contractors and subcontractors qualify as “independent contractors” and have no “employer,” so they are not blocked from suing.
General contractors are often independent contractors, though this status might be questionable depending on whether you are working for a company performing the same kind of work. For example, a contractor hired by a construction firm might be treated as an employee, even if they are hired on a contract basis. However, subcontractors like tilers or electricians might be seen as doing “different” work.
The distinction between a subcontractor and an employee of a contractor is also vital. A contractor’s employee might not be able to sue the contractor, but other lawsuits might be possible. However, a subcontractor is also an independent contractor and might be able to sue their general contractor.
If you are injured on a construction site on your way home or while you are not on duty, your right to sue might also be intact.
Compensation for Injured Construction Workers in Philadelphia
Pennsylvania law allows compensation for both “economic” and “non-economic” damages after an injury.
Damages are not usually capped, allowing juries to award you as much as you deserve, though there might be limits on lawsuits against government entities. This could affect your case if you were injured on a construction site while doing work for the City.
Economic damages focus on paying for the expenses you faced from your accident. This commonly covers these and other damages:
- Medical expenses
- Lost earnings/income
- Medical transportation
- Childcare and household services
- Crutches/wheelchairs
- Physical therapy, rehabilitation, and occupational therapy
- Mental health therapy/psychiatric care.
In addition, injuries cause effects with no bills or receipts to prove their value. These “non-economic” damages or “pain and suffering” damages account for the physical pain you face, as well as mental/emotional suffering, emotional distress, lost enjoyment in life activities, and more.
On top of these, punitive damages might be issued for especially dangerous activity.
Do I Need a Lawyer for a Construction Accident Case?
While you can legally represent yourself, it usually is not a good idea. Construction firms, insurance companies, and product manufacturers often have their own legal teams who will work to shut down your claim. These parties also try to offer low-dollar settlements to quickly end cases.
Our attorneys can stand up against them and work to protect your rights. We can negotiate better settlements, get damages covered that you might not have thought of, and put our experience to work for you.
If your case goes to trial, we can also collect evidence and testimony to use in your case. We can stand up and represent you before the judge and jury. And, at the end of the day, we can calculate your damages and fight for full justice and compensation.
Call Our Construction Site Accident Lawyers in Philadelphia
If you were hurt on a construction site, call our construction site accident lawyers at Kenny, Burns & McGill at (215) 423-5500 today.
