Construction workers have tough jobs and we applaud them for everything they do. However, they do have more risk of injury than most workers. If they are forced to operate without proper equipment or training, their employers should be held accountable.
At Soloff & Zervanos Personal Injury Attorneys, our personal injury attorneys are here to help if you have been injured in a construction incident that was caused by someone else’s negligence or carelessness. When you need a Philadelphia construction accident lawyer, let us get to work on securing the compensation you deserve.
It is no secret that construction jobs are inherently more risky than other jobs. That is why construction companies face such strict federal and state regulations when it comes to safety standards. First, we can get an understanding of the dangers by looking at OHSA’s list of the most common causes of fatalities in the construction industry:
Workers are also at risk from trench collapses, chemical exposure, welding accidents, and repetitive strain injuries from long hours of physical labor. Each of these incidents has a common cause: either inadequate safety measures, poor maintenance of equipment, or a failure to follow established safety protocols. By investigating the circumstances of an accident, we can identify whether the cause was preventable and pursue accountability.
However, we know that the majority of construction incidents do not cause fatalities. Thousands of construction workers survive accidents each year and are left dealing with the consequences. We commonly see the following injuries and illnesses in the aftermath of construction accidents:
Looking at that list, you will see some non-traumatic illnesses and injuries. Yes, while many construction incidents have immediate consequences (tool mishaps), others happen over longer periods of time. Hearing and vision problems, repetitive stress injuries, and respiratory problems can all take years to develop.
In many cases, these injuries and illnesses are caused due to negligence on the part of a construction company. If employers fail to provide their workers with the equipment and training necessary to keep them safe, a construction accident lawyer in Philadelphia could hold them accountable for their actions.
Workers should always have the proper clothing, headgear, eyewear, respiratory equipment, harnesses, and more. They should also be given training for all equipment used at a job site as well as updated safety procedures.
Employers in the construction industry are bound by regulations set out by the Occupational Safety and Health Administration (OSHA). These rules require that workplaces be free from recognized hazards and that employees are trained to handle risks safely. Common OSHA duties include providing fall protection, ensuring proper scaffolding, controlling exposure to toxic substances, supplying protective gear, and maintaining equipment. When employers cut corners, they violate federal law and place workers in harm’s way. Examples of common OSHA violations include failing to provide guardrails on elevated platforms, ignoring electrical safety standards, neglecting to train workers on equipment, and not protecting employees from trench cave-ins. Each of these failures can lead to catastrophic injuries or fatalities. In addition, each one creates potential liability for the employer.
Often, third-party contractors are used on construction sites. If these contractors do not have the same safety standards as everyone else on the site, they could cause injuries. Third-party contractors responsible for injuries can face injury claims in Philadelphia outside of workers’ compensation insurance.
Subcontractors, property owners, equipment manufacturers, and even delivery companies may all play a role in causing or contributing to unsafe jobsite conditions. When they fail to uphold basic safety obligations, they can be pursued in a third-party liability claim.
One key distinction to understand is the difference between workers’ compensation and third-party lawsuits. Workers’ compensation benefits cover medical bills, wage replacement, and certain disability benefits, but they do not provide damages for pain and suffering or punitive damages. Third-party claims, however, may allow you to recover these broader categories of compensation, such as pain and suffering, loss of enjoyment of life, and possibly punitive damages. For example, if a subcontractor’s negligence caused your fall or an equipment manufacturer sold a defective tool, you could pursue a lawsuit against them in addition to receiving workers’ compensation benefits. This combination of claims can provide a more complete financial recovery. At Soloff & Zervanos, P.C., our Philadelphia construction accident attorneys evaluate every case to determine all possible avenues of recovery so no opportunity is left unexplored.
Understanding how long an injured worker has to file a claim is important. There are various statutes of limitations (time limits) that work injury victims need to be aware of.
First, it is important to point out that work injuries should be reported as soon as an employee knows they have sustained the injury. Early reporting will help ensure that a claim is processed as quickly as possible so you can receive compensation. In general, injured workers must alert their employer that an injury has occurred within 21 days. However, there is a 120-day deadline for work injuries to be reported to an employer. Failure to report an injury within this 120-day period will likely result in a person being unable to recover workers’ compensation benefits.
Unfortunately, reporting an injury does not always guarantee that an insurance carrier or an employer will approve a claim. If a Denial of Notice of Compensation Payable is issued, then an injured worker will have three years to bring a claim in order to attempt to recover compensation. This time frame will be slightly different for repetitive stress injuries (cumulative motion injuries). In these cases, the three-year clock will begin running on the last day you worked due to a repetitive trauma injury.
In the event the work injury is caused by a third party, then the standard Pennsylvania injury statute of limitations will apply. This time limit is two years from the date the injury occurs. Injuries caused by third parties are much more common in the construction industry than in other industries. In most construction situations, there may be various contractors and subcontractors working in the same area, all of whom work for different employers or are solo independent contractors. A attorney in Philadelphia could help an injured construction worker determine the correct time frame for filing their accident claim.
Because deadlines vary depending on whether your claim is workers’ compensation or third-party liability, it is critical to act quickly and secure legal guidance. At Soloff & Zervanos, P.C., we walk clients through each deadline, ensuring no rights are lost due to missed reporting or filing requirements.
There are various reasons why a workers’ compensation claim could be denied. Some of the most common reasons for denial include the following:
You can appeal a workers’ compensation denial by filing a Claim Petition with the Bureau of Workers’ Compensation. When you do this, a workers’ compensation judge will be responsible for approving or denying your appeal. Appealing a workers’ compensation denial can be incredibly difficult, and it is strongly advisable that you seek help with the process from a construction accident attorney in Philadelphia.
In addition to appealing a denial, our team examines whether you may also have grounds for a third-party lawsuit. This dual approach is especially important in construction accidents, where multiple companies often share responsibility for safety. Exploring every possible claim helps maximize the recovery available to injured workers and their families.
The risks associated with working in construction are high, which is why construction companies should take every step possible to minimize the possibility of worker injuries. When you or a loved one have been injured in a construction incident, Soloff & Zervanos Personal Injury Attorneys is ready to help.
Our experienced team will work tirelessly to secure compensation for all of your incident-related expenses. This can include:
When you need a Philadelphia construction accident lawyer, you can contact us.
