No matter what road you drive on or what building you visit, you rarely think about the crews responsible for constructing those structures. It even takes around 11 to 30 subcontractors to build the average home. When those crews complete a project, they move on to the next. Those workers are also putting themselves at risk, no matter where they work. Based on data collected by the Bureau of Labor Statistics (BLS), a worker died every 96 minutes from a work-related injury in 2022, and 1 in 5 of those fatalities occurred in the construction industry.
In addition to the fatalities, BLS reports there were 2.8 million nonfatal workplace injuries and illnesses in 2022. That is a 7.5% increase from the previous year. These injuries can be anything from a minor cut to a traumatic brain injury. They can also include some of the following:
- Spinal cord injuries
- Back injuries
- Broken bones
- Shoulder injuries
- Nerve damage
- Permanent scarring
- Amputation
- Paralysis
- Wrongful death
Additionally, a construction accident can also trigger emotional issues such as stress, anxiety, depression, and, in extreme cases, post-traumatic stress disorder (PTSD). These are the types of injuries that could lead to compensation. That is something that a Philadelphia construction accident lawyer can help with. The attorneys at Shrager Sachs & Blanco have the skills and experience to help survivors of a construction accident pursue what they are due.
Types of Construction Accidents
The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for overseeing worksites. It establishes a list of rules and regulations that apply to specific industries. The goal of those regulations is to minimize the risk of injury. Unfortunately, OSHA’s resources are stretched thin. It currently has 1,850 inspectors monitoring 8 million worksites that employ 130 million workers, which could create an environment where accidents occur.
Which of the following types of construction accidents have you been involved in?
- Scaffolding failure
- Struck by falling objects
- Slip and fall accidents due to construction debris
- Faulty construction equipment
- Table saw accidents
- Electrocution
- Chemical burns
- Exposure to toxic chemicals
- Elevator accidents
- Forklift accidents
- Crane collapses
- Ladder accidents
- Power tool injuries
- Failure to warn of hazards
Steps to Follow After a Construction Accident
Many of these accidents can often be attributed to improper training or equipment maintenance. Regardless of the injury, you need to take steps to ensure that your injuries are properly tended and you have the support for a future claim. Here are the steps to follow after a construction accident:
Step One: Seek Medical Attention
You might be able to treat a minor injury with your worksite first-aid kit and then return to the job. However, for more severe injuries, you need to see professional medical care. That could be with your personal physician, at urgent care, or in an emergency room.
Step Two: Inform Your Employer
You must inform your employer about the accident, whether you get a Band-Aid for a cut or need to leave the job for X-rays. That is not just a recommendation; it is Pennsylvania law. You need to report an injury within 7 days and an injury that results in death within 48 hours. The best course of action is to report it on the same day if possible.
Step Three: Collect Evidence
If possible, you should try to collect evidence of the accident. That can mean taking photos of the accident scene with your cell phone. You should also take photos of your injuries. It is also essential to keep all medical records down to the receipt for prescriptions.
Step Four: Talk with a Lawyer
As you process what happened in your accident and enter into your recovery treatment, you want to set up a consultation with a Philadelphia construction accident lawyer at Shrager Sachs & Blanco. At this point, you’ll have two options to pursue a claim: That can be through your employer’s workers’ compensation policy or as a personal injury lawsuit. We will be in the best position to provide you with information and guidance about how to seek compensation for your losses.
Filing a Workers’ Compensation Claim
The Commonwealth of Pennsylvania defines the mandatory worker’s compensation program as follows: “Workers’ compensation is a system that provides benefits to employees who are injured or become ill due to their job duties. It covers medical expenses and lost wages for workers who are unable to return to work due to a work-related injury or illness.”
If your claim is approved, workers’ compensation benefits can immediately compensate for your medical expenses and a fraction of your lost wages. With a worker’s compensation, you don’t necessarily have to assign blame. However, with a worker’s compensation claim, you would not be entitled to achieve pain and suffering or punitive damages.
There is also the possibility that your initial claim could be denied. That denial can occur for many reasons, from failure to file the proper documentation or questioning the validity of the accident. A construction accident attorney can help you file an appeal.
Filing an Insurance Claim
There could be a scenario where you could be injured at a construction site but not be able to file for workers’ compensation because the company does not employ you at the site. It could be an accident caused by a third-party vendor or subcontractor. If you were injured walking or driving by a construction site from falling debris or tripping over unmarked hazards, you could file a personal injury claim. That would involve dealing with insurance companies.
There could be several entities that could be held responsible for your accident, including the following:
General and Subcontractors
You could file a complaint against a general contractor or subcontractor if they failed to warn you about hazards or did not implement OSHA safety protocols.
Owners of Construction Sites
Your Philadelphia construction accident lawyer will question the owners of the construction site to discover how much responsibility they had over that job site. Did they provide adequate maintenance? Were all the workers qualified and properly trained? In other words, did “cutting corners” contribute to the accident?
Equipment Manufacturer
If your accident is related to a defective piece of equipment, the manufacturer or distributor could also be held responsible.
Architects and Engineers
Work crews follow the specifications provided by architects and engineers for building construction. If those specifications are flawed, they could lead to an early collapse or other compromises that can lead to injury.
When building your case, it is vital to investigate all the options for who is to be held liable for your accident.
How a Philadelphia Construction Accident Lawyer Can Help
Whether you are filing a workers’ compensation claim or a personal injury complaint, your Philadelphia construction accident lawyer can help prepare the initial paperwork. That will mean providing as much relevant documentation as possible. Here is how the team from Shrager Sachs & Blanco can help:
Gather Critical Evidence
We will collect all the physical evidence associated with your accident, including photos, medical records, an accident report, and any relevant facility or site report that could establish a pattern of negligence.
Hire Experts
We can hire experts to support your claim. Those experts can include accident reconstruction consultants who can demonstrate how the accident occurred and why negligence was involved. Additionally, our medical experts can testify to the extent of your injuries and how they have impacted your life.
Collect Witness Statements
We will also collect all the pertinent witness statements. Those can include anyone who saw the accident and anyone who was witness to the conditions at the job site that preceded it.
Negotiate for Fair Compensation
One of the most important skills we possess is our ability to negotiate on behalf of our clients. Once we agree on what should be considered fair compensation, we’ll work with the insurance company to achieve that goal. This might involve several counteroffers, which we will keep you informed about and let you decide whether to accept or proceed with a civil complaint.
Fight in Court
If the initial negotiations with the insurance company do not yield a favorable result, we can file a civil complaint. That will allow us to present your case to a jury, who will decide whether the insurance company and named defendants are responsible for the accident.
The final result could be prolonged if you decide to activate the civil complaint option. However, filing a complaint can also motivate the insurance company to step up and reach a fair settlement.
What Is Your Construction Accident Claim Worth?
The specific amount of what a construction accident claim is worth depends on the unique factors that pertain to your accident. A review of construction accidents reveals that these cases can result in settlements ranging from five-figures to multi-million-dollar settlements. You and your Philadelphia construction accident attorney will assess the following damages:
- Current and future medical care
- Current and future lost income
- Property damage (if applicable)
- Pain and suffering
- Emotional distress
- Permanent disability/ disfigurement
- Loss of consortium
If the accident is classified as a wrongful death, the surviving family members would be entitled to seek funeral and burial expenses, lost income, and lost companionship.
Remember that workers’ compensation claims will only provide compensation for medical care, a portion of lost income, and permanent disability.
The Comparative Negligence Factor
The other important consideration when assessing your construction accident damages is the Pennsylvania comparative negligence law. This law speaks to the issue of who was responsible for your accident. If it is proven that a third party was 100% at fault for the accident because of their negligence, then you are entitled to receive 100% of the final settlement.
Insurance companies have a right to argue that you might be partially responsible for the accident. If a jury agrees with the assertion, that would split the liability and find that you are 30% at fault for what happened. That would mean you would only be entitled to 70% of the final awarded settlement.
How Shrager Sachs & Blanco Supports Your Claim
The comparative negligence factor is another reason you need the support of an experienced team from Shrager Sachs & Blanco. We will always advocate for our clients to get the maximum compensation to make them whole again. Our success speaks for itself, and we’re happy to provide even more client testimonials.
If we decide to work with you, we will also be available to address any of your concerns and provide you with all the updates. Our goal is to find a fast and fair resolution so you can move on with your life. All of that guidance begins with a free case consultation. That is where we’ll hear your version of the accident and discuss how it has impacted your life. Call to schedule that consultation with a Philadelphia construction accident lawyer today.
