A construction site is a busy and dangerous workplace. For the millions of Americans who work in these environments, maintaining the highest level of safety is always imperative. A worksite may have dozens of subcontractors, each working on a different aspect of the project. Without strict safety rules, workers are at risk for sustaining debilitating back, neck, and head injuries as well as burns, broken bones, electric shock, and worse.
Accidents can be prevented with good communication, organized site coordination, proper training, and mandatory safety enforcement. However, at a busy construction site, determining who is responsible for keeping workers safe is often difficult. While a site manager is responsible for planning workflows, making safety inspections, and enforcing good safety practices, each contractor and subcontractor also has a duty to follow best practices for safety and prevent hazardous conditions whenever possible.
In one recent case, an Ostroff Injury Law client suffered significant burn injuries from an electrical shock that occurred because safety practices were ignored by another company working on the site. After extensive litigation, the claim was settled for $1.2 million. We have also won a $2,100,000 award for a client who suffered a severe ulnar nerve injury in his right arm when an explosion occurred near where he was working.
If you got hurt on the job because of the negligence of another party, Ostroff Injury Law can help you hold that party accountable for the injuries and losses you have suffered. Third-party litigation for worksite injuries can be complicated, so it is often beneficial to have help from a Pennsylvania construction accident lawyer. Founding Partner Jon Ostroff, Managing Partner Rich Godshall, and our other experienced personal injury attorneys will fight for fair restitution on your behalf. Rich spent twelve years successfully focusing on multi-million dollar, catastrophic construction cases.
Identifying the Responsible Third Parties
In many states like Pennsylvania, workers injured on the job can apply for workers’ compensation benefits. This no-fault form of insurance allows you to receive compensation—even if you are at fault for the injury. The benefits will cover medical bills and some lost wages while you are unable to work. But when a work injury is due to the neglect of another company’s employee, management, or the manufacturer of equipment that injured you, you can also hold the responsible party accountable in a separate lawsuit.
If you were hurt or lost a loved one due to the actions of someone who is not employed by the same employer, you are entitled to be compensated for your losses. The same is true if the accident was caused by a defective piece of machinery. Here are some examples of third parties you can sue for injury or death:
- The site manager responsible for overall safety on the construction project,
- Another subcontractor,
- The property owner,
- The seller, distributor, or manufacturer of a tool, machine, or plant equipment (such as scaffolding, vats, or catwalks) that caused your injury.
If you were injured on a construction site, let Ostroff Injury Law investigate whether another party was the primary cause of your construction accident.
Establishing Liability for a Construction Site Injury in Pennsylvania
Like other types of personal injury claims, you must prove another party is liable in a construction accident case. Proving liability involves establishing the following:
- The other party acted recklessly or carelessly, or manufactured a dangerous piece of equipment;
- This conduct or equipment caused the accident;
- You suffered harm as a result of the accident.
For example, if an independent contractor fails to follow safety rules and causes a preventable accident that results in injuries, you can hold them and their employer responsible for the harm you suffered. A seasoned construction lawyer will now how to promptly lock down and collect and present the evidence necessary to meet your burden of proof.
Recovering Compensation in a Legal Case
In a successful construction accident claim against a third party, you can recover compensation for economic and non-economic damages, rather than the limited economic losses that workers’ compensation may cover.
A skilled construction attorney can obtain compensation for:
- Pain and suffering
- Medical expenses
- Loss of work income
- Loss of business and financial opportunities
- Emotional and psychological trauma
- Loss of life’s pleasures
In a construction accident lawsuit, the negligent party may argue that you bear some fault for your own injuries and losses. If a jury decides that you were partially to blame, 42 Pennsylvania Consolidated Statutes §7102 allows the jury to reduce whatever compensation you receive by your percentage of fault.
If the jury determines you bear more fault than the other party, you are ineligible to recover any money at all. A lawyer familiar with construction site injury claims can help you fight back against accusations of partial fault to maximize your compensation.
Seek Help from a Pennsylvania Construction Accident Attorney
Every day, construction workers face potentially hazardous conditions at their worksite. A single incident at a construction site could cause permanent and disabling injuries.
If you were hurt because of a third party’s negligence at your worksite, we urge you to contact our Pennsylvania construction accident lawyers right away. During a free, no-obligation meeting, an experienced attorney at Ostroff Injury Law will listen to your story and let you know if you have grounds to have them investigate a third-party liability claim. You will only pay for all investigation costs if, and when, Ostroff Injury Law obtains a recovery for you.
The sooner you contact us, the more evidence we will be able to gather before it disappears.