Construction accidents in Pennsylvania are unfortunately common. According to a Bureau of Labor Statistics (BLS), the private construction sector had the highest number of fatalities in Pennsylvania, including ill-fated falls, slips, and trips during the construction work.
Our attorneys fight for injured construction workers, seeking to get them the coverage they need under their employer’s Workers’ Compensation. However, employers and Workers’ Comp insurance carriers are often reluctant to approve claims and pay out what could be months or years of benefits. When that happens, our lawyers can step in, fight denials, negotiate settlements, and seek to get your benefits paid.
For a free case evaluation with our Certified Pennsylvania Workers’ Compensation Lawyers, contact Cardamone Law by dialing (267) 651-7945.
Have You Suffered a Construction-Related Work Injury?
Construction is one of the two major occupational sectors in the United States that account for nearly half of all fatal injuries at work (47.%). Almost 1 in 5 deaths among U.S. workers take place in the construction industry. Statistics for non-fatal injuries in the industrial sector aren’t any less scary.
Most Common Injuries
Falls are the most common type of work comp claims that our construction injury lawyers work on. The incident rate for falls, trips, and slips was higher among construction workers in 2020 than for any other workers, according to the Bureau of Labor Statistics.
Unreported Accidents
Even more concerning, more than a quarter of all construction-related work injuries go unreported. Do not let your construction injury become a part of this statistic. Reach out to our expert workers’ compensation lawyers in Allentown, PA, and protect your life and livelihood.
Types of Construction Accidents and Injuries
As a top-rated construction injury law firm in Pennsylvania, we are routinely exposed to a wide range of construction site injuries. Some of the most common injuries in construction include:
- Fall from heights
- Scaffolding accidents
- Ladder accidents
- Forklift accidents
- Fire and related hazards resulting in burn injuries
- Trench collapses
- Electrocution and electrical injuries
- Injuries due to defective machinery
- Getting stuck in, between, or under machinery and equipment
- And several others.
It’s important to know that construction-related work injuries, even if they seem small at first, can often cause long-term damage. Therefore, immediate reporting of the incident and seeking instant medical help is crucial.
Scaffolding Accidents in Allentown
Improper training and use of scaffolding can result in serious injuries. Even something as simple as dropped materials or excessive wobble can result in catastrophic injury or death. Proper scaffolding setups require…
- Workers trained in scaffolding use
- Setup by a competent person trained in setups
- Proper inspection
- Use of proper materials and scaffolding parts
- Proper access ladders
- Proper nets, tool lanyards, and safety lines
- Proper supervision to order untrained or unsafe workers away from scaffolding-related tasks.
When problems arise, construction accidents involving scaffolding often break down into three main types of claims:
Negligence
Negligence claims can be filed for scaffolding accidents caused by outside parties. You usually cannot sue your employer, but you can sue…
- Property owners
- Other construction firms and contractors
- People who interfere with or tamper with scaffolding setups.
Scaffolding must be set up according to OSHA regulations and standards, and mistakes in setup, inspection, and use can cause injury, such as from the following mistakes:
- Improper setup can cause collapse.
- Setup on unstable ground or with undisclosed problems with the flooring or structure can cause catastrophic failure.
- Failing to follow regulations about scaffolding near power lines can cause electrocution.
- Improper supervision and training can allow workers to damage the scaffolding or fall.
- Failing to properly employ safety nets, toe boards, and tool lanyards can mean dropped materials and tools falling on you.
Workers’ Comp
On the other hand, some of these accidents are caused by your employer or coworkers. However, you cannot sue your employer for on-the-job injuries or if you were responsible for the accident. Instead, you have to rely on Workers’ Comp.
In those claims, you get compensation for medical bills, wage-loss benefits, and specific loss injuries, all without needing to prove fault. That means that, while an OSHA violation or other mistake can help you prove the accident, you do not need to prove it was your employer’s fault.
Your employer is required to pay these claims as long as
- The injury was work-related and
- Your injury is disabling for at least 7 days.
However, it often takes filing before a Workers’ Comp Judge to get the claim approved if your employer denies your initial claim.
Defective Scaffolding
Lawsuits can also be filed against scaffolding manufacturers. Scaffolding materials often come in kits and sets with many of the additional pieces – like boards – purchased separately. However, the joints, footings/plates, couplings, trusses, guardrails, and other parts must be properly made to avoid injury.
There are OSHA regulations about how much weight scaffolding should be able to bear, how ladders must be set up, and what kinds of planks must be used. If the materials were not up to specifications, despite the manufacturer’s claims, then you may be entitled to sue the manufacturer for collapses, falls, and other injuries.
Machinery and Construction Vehicle Accidents in Allentown
If you were hurt by heavy machinery, power tools, or construction vehicles, your injuries may be severe. These accidents often result in partial or total amputation, ongoing disability, and trouble finding future employment. Getting the damages you need for your injury can be hard without legal help.
Fault is often placed on outside parties – such as the manufacturers of defective machinery – and you can potentially file a lawsuit against them to get compensation beyond what Workers’ Comp would cover. Our lawyers can help you understand your options and file the right claims to get you compensation.
We can help with cases involving…
- Bulldozers
- Dump trucks
- Cranes
- Backhoes
- Jackhammers
- Concrete saws
- Cherry pickers
- And more.
Forklift Accidents in Allentown
Pennsylvania construction injury statistics attribute a significant chunk of all construction-related injuries to forklift accidents. According to OSHA, forklift accidents account for up to 62,000 injuries every year nationwide. They are also one of the most severe accidents on a construction site and can cause substantial damage, resulting in spinal injuries, brain injuries, and more.
Regardless of who was at fault for your forklift accident in Pennsylvania, the state’s workers’ compensation law guarantees you financial compensation for your work-related injuries. You can file for benefits such as medical expenses, lost earnings, specific injury benefits, and more.
What Does Workers’ Comp Pay for a Construction Accident in Allentown?
When you get hurt at work, you can often file a claim with your employer for Workers’ Compensation to cover two main areas of damages: medical benefits and wage-loss benefits. In some cases, benefits are paid differently to cover amputations and similar losses or loss of function injuries. In the case that a loved one died in a work accident, death benefits might also be available.
Medical Costs
Medical costs should be covered for all expenses from a construction injury, from emergency treatment to rehabilitation and physical therapy. This should include the cost of covering treatment for your physical injuries as well as for mental health issues related to the injury. Medical benefits are also supposed to cover the cost of medical devices, medication, scans, tests, and more.
With many construction accidents, there is an acute injury that needs to be treated immediately, as well as a recovery period. This might not involve much additional follow-up care, but that care should also be covered.
With others, there is an initial accident that leads to ongoing injuries with long-term recovery expenses or an ongoing disability that needs ongoing care. This could result in benefits lasting for years to cover your medical care.
Wage-Loss Benefits
Benefits are paid under Workers’ Comp to injured construction workers to cover around 2/3 of their normal wages. In cases where workers make below a certain threshold, the percentage of their wage that is covered goes up, capping off at 90%. There is also a cap set at the average weekly wage across the state, a number that changes from year to year.
These benefits should be paid if your injury keeps you out of work for at least 7 days, and if the injury keeps you from working for at least 14 days, those first 7 days’ wages are also paid. The amount paid can also be modified if you are able to return to work part-time or at a reduced wage, helping make up for the difference in wages until you can return to work at your full capacity.
Specific Loss Injuries
If you lose a finger on a table saw or need a leg amputated after an injury after being run over by a backhoe, the injury may be permanent. In these cases, your injury will certainly heal over, but you will never recover function in the lost body part. Because recovery works differently in these situations and many people with total loss of function in certain body parts are often able to eventually return to work, § 306 of the Workers’ Comp Act specifies a “schedule” of benefits paid for each type of injury. If you lost a body part or lost function in a body part, our lawyers can help you understand what benefits you should be entitled to.
Death Benefits
If a construction accident took the life of someone in your family, the rest of your family could be entitled to Workers’ Comp death benefits. These are designed to help support your family now that your loved one is gone, providing lost wages and funeral/burial benefits at certain levels. Larger families with more dependents often receive higher benefits, but talk to an attorney about what specific amounts should be paid to your family.
Construction Work Comp – How it Works
The same work comp rules and regulations apply to construction accidents as other types of work injuries. A construction injury lawyer will help you guide through the process of filing an official complaint about the injury, estimate the loss and work out a fair compensation, according to the PA workers’ compensation act.
You must prove that you were…
- Employed: That is, you worked at the construction company or site at the time of injury.
- Injured on the job: The construction accident happened at the job.
- Gave proper notice: You notified the employer or immediate manager about the work injury.
- Have a disability related to the work injury.
Workers’ Compensation Specialists for Injured Construction Workers in Allentown
Some of our attorneys have special certifications, allowing us to call ourselves Certified Pennsylvania Workers’ Compensation Specialists. Lawyers usually cannot advertise themselves as specialists in any area of the law, but through additional training, testing, and experience, our construction accident lawyers have earned that right.
Certifications
This certification means that we know how to handle Workers’ Comp claims, and we know how to make the filings needed to challenge denials and seek out benefits from reluctant insurance companies. Whether your employer is denying that your injury was work-related or trying to kick you off their benefits by calling you an independent contractor, our attorneys can seek to have your benefits paid.
When Lawsuits Fail
Our lawyers focus our practice on Workers’ Comp claims because that is often the best and only route to compensation. When construction accidents involve the victim making a mistake that injures them, there is often no way to sue anyone else for the injury. However, Workers’ Comp still covers these workers in many cases.
No Suing Employers for Work Injuries
Additionally, the law prevents employees from suing their employers. When a lack of safety gear, training, proper staffing, or other safety requirements is what caused your accident, there is typically no one to hold responsible except for your employer. When lawsuits against them are barred, Workers’ Comp becomes your only route to compensation.
FAQs for Construction Injuries in Allentown
What Should You Do After a Construction Accident?
If you were hurt at work, then you should always call for an ambulance or get to a hospital for treatment. In the following days (within 21 days), report your accident and injuries to your employer to start a Workers’ Comp claim, and call a lawyer for help progressing your claim.
Are Construction Workers Covered Under Workers’ Comp?
All employees must be covered under Workers’ Comp. This means that if you work for a construction firm or you are employed by a contractor, you should be covered.
Things can be complicated with contractors and subcontractors. Depending on how you do your job, whether your employer works in the same trade, and how you are paid, you might be considered an “independent contractor” with no Workers’ Comp coverage.
Can I Sue for Construction Accidents?
If you are an employee, then you cannot sue your employer for a work-related accident. However, you can potentially sue outside parties like contractors and negligent equipment manufacturers.
You can pursue both types of claims.
Do I Need to Prove Fault for a Workers’ Comp Claim for a Construction Accident?
Workers’ Comp is a no-fault system. Your employer is required to pay whether they were at fault or not.
You can even recover compensation in accidents where you were at fault and would never be able to sue. This is true as long as you did not cause your injuries on purpose, through drug/alcohol use, or through illegal activity.
How Long Do I Have to File a Construction Accident Claim?
Injuries need to be reported to your employer within 21 days for a Workers’ Comp claim, but you can technically report them within 120 days. If your claim is denied, you must file a Claim Petition with a Workers’ Comp Judge within 3 years.
Lawsuits must be filed against other at-fault parties within 2 years of the accident.
Can I Sue for Scaffolding Accidents?
Passersby hurt by scaffolding collapses or dropped tools/materials may be able to sue the construction site for their injuries.
Construction workers can also sue outside parties, but they cannot typically sue their employers. This can complicate cases, but our construction injury lawyers can help you determine the best course of action for your situation.
Can You Sue for Deadly Construction Accidents?
If your loved one died in a construction accident, you are still typically unable to sue their employer under Workers’ Comp laws. However, you can sue outside parties as normal, and you can potentially claim death benefits under Workers’ Comp.
Our Allentown Construction Accident and Injury Attorneys Can Help
If you or a loved one was hurt in a construction accident, call Cardamone Law’s construction accident attorneys for a free case analysis at (267) 651-7945.
