Construction accidents are serious and can lead to substantial suffering. The results can even be fatal. You may be among the unfortunate people who have lost a loved one in a construction accident, or be facing the possibility of never working again.
However, if you or a loved one sustained injuries from a construction accident, you can recover financial damages. You can count on the construction accident attorneys at Morelli Law in Philadelphia to protect your legal rights by holding the negligent party responsible and collecting compensation.
Report Your Accident Immediately
The law in Pennsylvania says you have 120 days from your accident to report your injury, but you should give notice as soon as possible. A gap gives insurance companies a way to argue you were injured off the job.
Also, if you don’t report the accident within 21 days, you can only receive compensation from the day it was reported, not the date when it happened. Don’t shrug off your injury or work your way through it. It’s bad for your compensation and for your long-term health.
The next step is to talk with a construction accident attorney for further advice. They can help you build your case, investigate whether a third-party lawsuit is possible, and protect you from tactics that could keep you from the compensation you deserve.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Philadelphia Construction Accident Lawyers Can Build Your Case
Your legal team’s goal is to build a case that has substantial evidence so that you will get compensation for your losses from the accident. Some ways a construction accident attorney can help construct the case are as follows:
- Prove the liability of the other party
- Investigate and gather evidence
- Interview witnesses
- Determine how much the injuries and suffering are worth
- Work with all parties involved while you recover
- Handle negotiations
If you have been in a construction accident, legal representation on your side could prove beneficial. Our construction accident attorneys in Philadelphia, PA, will do everything possible to help you recover the financial damages you deserve.
Construction Accident Damages You Could Be Compensated for
According to the Pennsylvania Department of Labor & Industry, workers’ compensation will only cover a part of the accident, but likely not to the extent that you need or are eligible to receive. An attorney can make sure you do not overlook any benefits or recoverable damages.
A construction accident lawyer will seek monetary compensation for:
- Medical expenses, equipment, and supplies
- Both past and future lost income
- Pain and suffering, including emotional trauma
- Loss of consortium
- Loss of enjoyment
- Punitive damages (if the other person responsible was exceedingly careless or malicious)
Your family may have a wrongful death claim if a construction accident is fatal. When this occurs, they can seek recovery for:
- Funeral and burial costs
- Medical bills from when your loved one was alive
- Other costs associated with the accident
- Pain and suffering
- Loss of the person’s income
- Loss of enjoyment
Don’t Delay in Filing Your Construction Accident Claim
Accident victims have a limited amount of time to file a personal injury lawsuit and hold liable parties responsible for their construction site accident. According to Pa. C.S. § 5524, the statute of limitations gives you two years from the date of the incident to file. However, special circumstances may apply to your case, which could reduce the length of time you have to file.
If you wait too long to file your claim with the civil court, a judge can dismiss your case, and you will lose the opportunity to collect compensation and hold the negligent party accountable. Hiring a construction accident lawyer in Philadelphia shortly after you get hurt can help to ensure that you meet all deadlines.
Third-Party Liability in Philadelphia Construction Accidents
There are circumstances in which it’s possible to assign liability for a construction site accident to a third party. The architects, contractors, property owners, and equipment manufacturers may be found liable if the accident resulted from improper safety measures or any other form of negligence.
Both general contractors and subcontractors have a responsibility to provide necessary safety provisions and ensure a worksite is safe for all employees. Their obligations include:
- Warning about any and all potential hazards on the site
- Hiring employees who exercise caution
- Coordinating job safety
- Ensuring all safety specifications have been followed
Equipment manufacturers may be found liable if a problem with their tools results in your accident. Unfortunately, a construction accident is not uncommon to result from a defective or dangerous product. An experienced attorney can be essential to further understanding third-party liability.
Under What Circumstances Can You File a Lawsuit for a Construction Injury?
Filing a lawsuit is not always an option after a construction accident. You will have to seek damages through workers’ compensation in some situations. However, when a third party is liable for your injuries, you can file a lawsuit against them.
You can only file a lawsuit against your employer in cases where your injury resulted from negligence or actions taken with the intent of causing you harm.
Construction is a dangerous occupation. This is why employers are required to provide you with a reasonably safe workplace. They could be liable for your damages if they fail to provide you with proper safety gear or address removable hazards.
How Much Does a Construction Accident Lawyer Charge?
Construction accident attorneys in Philadelphia fall under the broader category of personal injury attorneys. Personal injury lawyers tend to charge their clients differently from most other types of lawyers. Instead of starting the clock whenever they answer a call from you, they work on a contingency fee basis.
That means that the money they earn is not determined by the amount of time they spend working on your case but rather by the amount of money they are able to secure for their clients. Personal injury lawyers only get paid if they secure compensation for their clients. Their fees are assessed as a percentage of the payout to the client.
With this payment structure, the more money the client recovers, the more the attorney gets paid. You can feel confident that your lawyer will do everything in their power to ensure you receive a large settlement or court-ordered payout.
What Should I Do if OSHA Contacts Me?
The Occupational Safety and Health Administration sets regulations and investigates workplace accidents for wrongdoing. If you’ve been hurt in a construction accident, there is a chance they may contact you.
If they do, and you’ve already retained a lawyer, tell OSHA you have legal counsel and notify your construction accident attorney in Pennsylvania. They will take over the process and tell you what to expect and what to say.
The insurance companies or even the Bureau of Workers Compensation could use the statement you give against you, so let a qualified construction accident lawyer help you create your statement.
How Does OSHA Help Workers?
OSHA is a tremendous benefit to workers because they help hold workplaces accountable for safety violations. We could use evidence of OSHA violations against defendants in third-party lawsuits to show they have a pattern of negligence.
OSHA violations are less useful in workers’ compensation cases because those are considered no-fault situations. You don’t need to prove your employer was at-fault for the accident. This is one advantage of workers’ compensation.
OSHA’s regulations are written in blood. Data from workplace injuries, including construction accidents, tell them which practices are dangerous and need to be stopped before someone gets hurt.
Signs of Workplace Liability
OSHA regulations provide a framework for proving workplace liability. It’s similar to how car accident liability works. If an officer cites a driver for breaking the rules of the road, the odds are high that they acted negligently. Some things we look for to prove negligence include:
- Was safety equipment available, in good condition, and used?
- Were all workers trained in safety procedures?
- Did the liable party fulfill contractual obligations for safety?
- Did the liable party create safety reports and work to solve job hazards before the accident happened?
To win your case, we have to show that an action that the negligent party could have avoided caused your injuries. It doesn’t have to be an overt action. Many injuries happen because of worn-out or unavailable personal protective equipment.
Will I Be Fired if I File a Lawsuit?
If you are fired for reporting a workplace accident or making a workers’ compensation claim, that is an illegal act. It is considered retaliation and you could get significant compensation for it, plus your job back.
Once you’ve made your report, the employer is on notice. If they try to fire you for another reason while you have a claim in process, they’re putting themselves under a microscope to justify it.
If you believe your workplace is retaliating because you’ve reported an accident or started legal proceedings, tell your attorney immediately. They can take steps to protect your job or pursue a retaliation claim against your employer.
Can I Get Pain and Suffering for my Construction Accident?
Pain and suffering is compensation for the physical and mental effects of your injuries. It is a type of non-economic damages. Whether you can get it or not depends on the case you’re filing.
Under workers’ compensation, you cannot get compensation for non-economic damages like pain and suffering. You can get compensation for part of your lost wages and your physical injuries. These are economic damages.
However, if you can file a lawsuit, whether against a third-party or against your employer if your case qualifies, then you can ask for non-economic damages as part of your compensation demand.
Common Causes of Construction Accidents
In a 2018 Occupational Safety and Health Administration (OSHA) study, one in five construction workers were injured on a worksite. The four leading causes of construction industry fatalities were discovered to be:
- Getting struck by an object
- Getting electrocuted
- Getting caught in or between objects
Nonfatal injuries include many of the same types of scenarios. Anytime you are working with heavy equipment, there is a risk for serious damage and injuries. However, a Philadelphia construction accident lawyer will help you pursue an agreeable settlement.
Job Site Accident Injuries
The injuries from construction accidents can be devastating. Individuals who survive may still face extreme physical pain and suffering. Injuries range in severity, but some that you may suffer from in a construction accident include:
- Broken bones
- Spinal cord injuries
- Crushed arms or legs
- Traumatic brain injuries (TBIs), including brain concussions
- Neck or shoulder injuries
Whatever injuries you may be suffering, you will want financial recovery for them. With the tools and knowledge that come with years of experience, a lawyer can help you get monetary damages.
Working With a Philadelphia Construction Accident Attorney
With the Morelli Law Firm on your side, you do not need to worry about dealing with insurance companies, workers’ compensation, or third parties. Instead, you can leave all that to us. Take time to focus on your healing, and our legal team will take charge of gathering the evidence and fighting your case.
Begin looking forward with the help of a construction accident lawyer in Philadelphia. Our team has secured multimillion-dollar results through settlements and verdicts. We’re ready to help you get started with a free case review.