As a Pennsylvania construction worker, you are at a higher risk of experiencing injuries on the job than many other professionals. If you experienced a construction site fall injury, you may have the option to pursue a workers’ compensation claim. However, other potential legal options and remedies may also be available.
A construction accident attorney can help you understand your legal rights and provide guidance through the compensation process.
Filing a Workers’ Compensation Claim in Pennsylvania
The majority of employers in Pennsylvania are required to provide workers’ compensation benefits to employees. This is a no-fault system, meaning you can file a claim regardless of who was technically at fault for the injury. As long as it happened while you were performing your job duties, you likely qualify for workers’ compensation benefits.
Report the injury to your employer as soon as possible. They should provide you with the forms necessary to file a claim. Seek medical attention from a provider authorized by your employer’s workers’ comp insurance and submit medical bills through the claim.
A workers’ compensation claim would generally bar you from holding your employer directly liable for a construction site fall injury.
Holding a Third Party Liable for a Construction Site Accident
If a third party was partially liable for your accident, you may be able to file a third-party personal injury claim to seek additional damages beyond what workers’ compensation would cover. A third party can be any party other than your employer.
Potentially liable parties may include:
- An equipment manufacturer, such as the manufacturer of the ladder or scaffolding that broke during use
- A subcontractor who failed to maintain a safe work environment or follow safety procedures, leading to a fall
- The property owner, for neglecting to warn about potential hazards, such as weak flooring
- Architects and engineers, for designing a building that was not structurally sound
- Safety inspectors, for overlooking ladder safety issues, violations of OSHA regulations, or workplace hazards that led to your accident
An attorney can help you explore whether any third parties may have been partially responsible for your construction site fall injury.
Can You Sue Your Employer After a Construction Site Fall Injury in Pennsylvania?
You may wonder whether you can sue your employer directly for the accident. Perhaps they failed to provide personal protective equipment or fall protection measures that would have prevented your injuries. Or, your employer may have violated OSHA standards or failed to meet other safety obligations.
In general, Pennsylvania workers cannot sue their employers for workplace injuries. The workers’ compensation system is a no-fault system. However, there may be a few exceptions in which you might have the right to sue your employer:
- Your employer intentionally caused you harm, such as by purposefully orchestrating a scaffolding accident or by maliciously withholding protective equipment from you.
- Your employer’s workers’ compensation benefits do not sufficiently cover your damages. In rare cases, you may be able to sue for additional damages.
If your employer violated OSHA regulations, you have the right to file a confidential safety and health complaint through OSHA. This would prompt the organization to inspect your workplace for serious hazards.
Consult an Attorney About Your Legal Options After a Construction Accident
Some construction site fall injury cases are straightforward and can be resolved with a workers’ compensation claim. Others are more complicated, involving third-party liability and, in some cases, intentional harm.
If you need assistance with a construction accident case, consulting an experienced attorney can help you determine your next steps. Call Ostroff Godshall Injury and Accident Lawyers at 855-296-3413 for a free consultation.
Frequently Asked Questions (FAQ):
Q: Can I sue a third party after a construction site fall in Pennsylvania?
A: Yes, if a third party (anyone other than your employer) was partially responsible for your construction site fall injury, you may be able to file a personal injury claim against them to seek additional damages not covered by workers’ compensation.
Q: Who could be considered a third party in a construction accident?
A: Third parties can include equipment manufacturers, subcontractors, property owners, architects, engineers, or safety inspectors, depending on who contributed to the unsafe conditions or your injury.
Q: How does third-party liability affect my workers’ compensation claim?
A: A third-party claim is separate from your workers’ compensation claim. While workers’ comp is a no-fault system that generally bars you from suing your employer, a third-party claim allows you to pursue additional compensation from other responsible parties.
