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, P.C., 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:
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.
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.
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.
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.
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, P.C. 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.