Construction is a dangerous industry and workers are made to perform difficult physical labor in conditions that have great potential for accidents. If you have been injured working in construction and are in need of a lawyer in Philadelphia, call The Heslin Law Firm to schedule a free consultation regarding your case. Attorney, Gary Heslin will sit down with you and discuss all the details and let you know if you have a legitimate claim.
Construction Accidents & Injury Claims
Those not working in construction, such as pedestrians and bystanders can be seriously injured by falling debris and other dangers. It just seems like there’s an endless amount of ways to be hurt. In 2012, over 180,000 construction workers were injured and over 750 of these workers died as a result. Each year, there are more work-related injuries in the construction field than most other industries.
We must note that construction work can be done so safely. OSHA, a division of the Dpt. of Labor sets safety standards that all employers should follow.
Personal Injury law
Personal injury law aims to promote safety by holding unsafe individuals or parties accountable for their actions. A worker or any other person may be able to sue if they are injured at or near a construction site.
Construction Worker Injury
When it comes to construction accidents and injury, there are four categories that the OSHA has dubbed “the fatal four”. This is because they happen to account for 60% of deaths from construction accidents. The four injuries are falls, electrocutions, struck by object, and “caught in-between.”
Options for Injured Workers
When a worker is injured in an accident, the most important factor in recovery in a lawsuit is whether workers’ compensation rules apply.
Every state has some sort of workers’ compensation system in place. These rules state that when an employee is injured while working, they are entitled to compensation for their injuries. This applies even if the employer wasn’t negligent. In a workers’ compensation case, the employee will generally recover less than they would in a personal injury lawsuit. Workers’ compensation represents a compromise in a lot of ways because it’s a no-fault system. In most cases it’s an injured worker’s exclusive remedy in most cases.
Personal Injury Lawsuit
Worker’s compensation laws don’t apply to every lawsuit that is brought forth by an injured worker and laws will vary from state to state. Generally speaking, however, these rules only apply between a worker and the direct employer. For instance, if an employee of a subcontractor is injured on the job, and the worker sues them, the compensation rules will usually apply. If the worker sues the manufacturer because of faulty equipment, those rules will not apply.
Pedestrians can be hurt near construction sites by things like falling debris, unmarked roadways, and the like. General contractors have a duty to at least warn the public of dangers that arise due to construction conditions. In some instances, contractors are obligated to do more like make conditions safe. At the minimum, the contractor needs to take safety precautions that a reasonably qualified contractor would in similar situations.
In some states, contractors who do not take proper precautions will be liable for resulting injuries. In other states, liability isn’t automatic, though they can still be liable for negligence.
Attorney in Philadelphia, PA Handling Construction Accidents
If you or someone you know has been injured while working on the job, or was a pedestrian that was injured due to negligence, call The Heslin Law Firm for a free consultation with Philadelphia lawyer, Gary Heslin. Call our office at 215-332-0300.
We can see you in any of our four locations!
Our main office is located in Northeast Philadelphia and we have three other locations throughout Philadelphia and its surrounding counties! Call 215-332-0300.