Construction Accident Lawyer in Philadelphia
Morgan & Morgan Philadelphia, LLC, A professional limited liability Company formed in the State of Florida2005 Market Street, Suite 350
Philadelphia, PA 19103
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Construction Site Accident Lawyer Philadelphia
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You may be entitled to compensation if you have been injured at a construction site in Philadelphia or anywhere in the Commonwealth of Pennsylvania. However, it is important to note that construction site accidents are complex. The construction company or any other liable party will not write you an open check just because you got injured within their premises.
For this reason, it is always advisable to be prepared well in advance. And the best way to prepare for the legal battle ahead is by hiring an experienced construction site accident lawyer. Below, we have answered some of the most common questions we receive about construction site accidents in Philadelphia and throughout the Commonwealth.
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What Causes Construction Site Accidents in Philadelphia?
Construction site accidents occur due to various reasons. That said, most of these accidents derive from negligence. Some common causes of construction accidents include:
- Lack of clear warning signs
- Lack of safety gear and equipment, such as fall protection
- Untrained construction workers
- Violation of Occupational Safety and Health Administration codes
- Missing guards
- Missing protection on power tools
- Lack of proper clean-up after a construction project
- Inaccurate construction planning
What Should I Do After a Construction Site Accident?
Your steps after a construction site accident could make or break your claim. Therefore, knowing what to do if you get injured in such an environment is essential.
The first thing you need to do is seek immediate medical attention. Call 911 if possible or request someone to do so.
Next, gather evidence of your injuries, if possible. In addition, take pictures of the dangerous condition that caused your injuries, detailing every piece of information you believe might be necessary to your case.
Next, contact a construction accident attorney. You should consider contacting an attorney even while undergoing treatment. The attorney should be able to guide you on how to proceed with your case. And, if you have a valid claim, the attorney might be able to fight for you even as you continue to receive treatment.
What Should I Not Do After a Construction Site Accident?
Knowing what you should not do after a construction site accident or any personal injury incident is equally as important.
After a construction site accident:
- Do not accept responsibility for the accident. This rule applies even if you feel you are partly responsible.
- Do not fail to seek medical attention. And when you visit a doctor, do not ignore their instructions.
- Do not post about the incident on social media.
- Do not sign any documents, especially without the guidance of an attorney.
Who Is Responsible for the Construction Site Accident?
The party responsible for the construction site accident will depend on the unique circumstances of your case. Here are different scenarios that could apply in any construction accident case.
The construction company or contractor will be the first on the list of possible liable parties. However, to prove liability, you must demonstrate that the construction company or contractor owed you a duty of care but neglected it.
Other third parties working at the construction site might also be liable for the accident. For example, a company delivering construction materials might be liable for your injuries if their driver hits you with the company vehicle while driving over the speed limit at the construction site.
You may also be able to hold any individual at the construction site liable for your injuries. For example, suppose your supervisor assaulted you at the construction site, and you suffered serious injuries. In that case, they might be held personally responsible for your injuries.
Lastly, a skilled construction site accident attorney can file a claim or lawsuit against a construction equipment manufacturer. Such legal action would be possible if you got injured by faulty construction equipment. For instance, a power tool with missing safety guards could cause severe injuries to the user, warranting a lawsuit against the manufacturer.
Can I File a Worker's Compensation Claim After a Construction Site Accident in Philadelphia?
The answer to this question will depend on the specific circumstances of your case. The most important thing you need to know is that Pennsylvania does not require construction companies to provide worker's compensation insurance to independent contractors. However, the law requires construction companies to provide this insurance to their employees.
Therefore, the question of whether you are an employee of the construction company will likely surface in such a situation. You can file a workers' compensation claim after a construction site accident if you are an employee. However, this does not mean that there is nothing more you can do if you are not an employee; you may be able to file a separate claim or lawsuit against the contractor.
Since construction site incidents vary from case to case, you should contact an experienced construction site accident attorney to learn more about your options.
Can I File a Workers' Compensation Claim and a Lawsuit After a Construction Site Accident in Philadelphia?
Again, this will depend on the unique circumstances of your case. Remember that workers' compensation insurance shields employers from lawsuits and compensates workers for their injuries.
That said, you may be able to file a workers' compensation claim and a separate lawsuit if you got injured while working at the construction site and if a third party caused the injury. For example, suppose you got hit by a delivery driver while working at the construction site. In that case, if you are an employee, you can file a workers' compensation claim with your employer (the construction company) and a standalone claim against the driver or their employer. This allows you to receive double compensation for your injuries.
However, say you are an independent contractor injured while working at the construction site. While you may not be able to file a workers' compensation claim, you may sue a third party for your injuries.
What Happens if the Construction Company Does Not Have Workers' Compensation Insurance?
Two things could happen in such a scenario. First, if you are not an employee of the company, Pennsylvania law does not require the construction company to provide independent contractors with workers' compensation insurance. On the other hand, if you are a company employee and you get injured in the workplace, you can sue the employer directly for not having workers' compensation insurance.
As discussed, workers' compensation insurance shields employers from lawsuits. In exchange, employees get treated for their injuries and recover lost wages through this insurance. Therefore, failure to obtain this insurance means the employer is no longer protected against lawsuits.
What if the Construction Company Refuses to Settle My Claim?
That would not be the end of the road for you. You can file a lawsuit against the construction company if they refuse to settle the claim out of court. Most construction site accidents settle out of court because court processes are expensive.
In addition, the court could order the defense to settle the legal costs if they lose the case. To avoid these expenses and also the fact that such cases tend to drag on for months or even years, most defendants would rather settle out of court.
The only time a lawsuit is considered is when the other party refuses to cooperate out of court or offers a lowball settlement.
The Construction Company Has Offered to Settle the Case. Should I Accept the Settlement Offer?
It is always advisable to consult an experienced attorney before accepting any settlement offer from the other party. An experienced attorney will review the specifics of your case, including your injuries and damages, to determine the settlement you may be entitled to. The lawyer will then review the other party's offer and determine whether it is worth it.
In the past, plaintiffs have accepted settlement offers that are way below what they were entitled to. The most unfortunate thing is that the law does not allow them to change their minds after accepting the settlement. As a result, some plaintiffs end up spending their own money out of pocket to settle medical bills and other expenses deriving from the construction site accident.
In addition, you should not expect the defendant to explain what you are entitled to. Rather, they will likely focus on special damages such as medical expenses, not your pain and suffering. On the other hand, an attorney will always have your best interests at heart, ensuring you receive the compensation you need and deserve.
Can I Still Sue After a Construction Site Accident Even if I Am Not a Construction Worker?
You do not have to be a construction worker to file a claim or lawsuit; you only need to be injured due to someone's negligence at the construction site. To put things into perspective, pedestrians can sue a construction company if they get injured due to falling objects from the construction site.
The plaintiff in such a case might have legal grounds to sue even if the construction company had put up warning signs. This is because setting up warning signs is not enough to protect other people from getting injured at the construction site.
Can I Claim Compensation for All Types of Injuries Sustained at a Construction Site?
Not really. This will depend on the circumstances under which the construction accident occurred. Generally, you will not be eligible for compensation if you intentionally caused the accident by being reckless or negligent. For instance, let's say you got injured because you were drunk. The defense could argue that any sober individual could have avoided the dangerous condition that caused the injury.
What Damages Can I Recover From a Construction Site Accident Lawsuit?
You may be able to recover economic and non-economic damages from such a lawsuit. Economic damages include medical bills, lost wages, and lost earning potential. Non-economic damages include but are not limited to pain and suffering, loss of enjoyment of life, mental distress, etc.
The court might also award you punitive damages if they determine that the defendant was extremely negligent. Punitive damages are meant to punish the defendant for their recklessness or gross negligence and also warn others against such conduct.
What Is the Deadline for Filing a Construction Site Accident Lawsuit in Philadelphia?
In Philadelphia and throughout Pennsylvania, you have two years from the date of the accident to take legal action against the liable party. If you wait until the two-year deadline expires, you will lose your right to sue.
How Can a Construction Accident Site Lawyer Help?
A seasoned construction accident site lawyer can help fight for you or your loved one. Such an attorney can:
- Review your case to determine whether you have a valid claim against the other party
- Gather critical evidence to prove the other party's negligence
- Assess the injuries and damages you sustained due to the other party's negligence
- Help you get the medical attention you need
- Identify the parties responsible for your injuries
- Devise a legal strategy to pursue your claim against the defendant
- Fill out complex paperwork on your behalf
- File a claim or lawsuit on your behalf
- Represent you throughout the settlement negotiations
- Prepare you for complex court processes
Where Can I Find a Competent Construction Site Accident Lawyer in Philadelphia?
Morgan and Morgan is the best law firm to contact if you are looking for a competent construction site accident attorney in Philadelphia and throughout Pennsylvania.
Why Morgan and Morgan?
While there are many injury firms serving clients in the Commonwealth of Pennsylvania, Morgan and Morgan stands out because:
- We are the nation's largest personal injury law firm
- We have powerful legal resources to fight for you
- We have been fighting for the injured since 1988
- For over three decades, our lawyers have helped recover over $15 billion as compensation for various injuries
- Our firm consists of an army of over 900 personal injury attorneys specializing in different practice areas, including construction site accidents.
- We have over 28,000 5-star reviews on Google alone
- We fight for our clients in and out of court
Are you ready to claim the compensation you are entitled to after a construction site accident? Fill out our free case evaluation form to get started.