There are many dangers on a construction site that can leave you with substantial injuries or even life-altering disabilities. A serious fall from heights, an accident with power tools, or even a fire or explosion could even threaten your life.
Fortunately, there are often opportunities for compensation, even for accidents that cannot be squarely blamed on any particular party. Through Workers’ Compensation, our attorneys can help you get the benefits you need.
For a free case review, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945.
Can I Sue for a Construction Accident?
Lawsuits are often restricted when they happen at work. While you can typically sue third-party defendants – that is, anyone not your employer who caused the accident – you cannot sue an employer.
Many accidents on a work site are going to actually be caused by true accidents, where no one did anything wrong, per se, but an accident still happened. Many others are going to be caused by the worker’s own mistakes.
In these cases, you cannot sue because there is no one else at fault. However, you can often sue when these kinds of issues cause accidents:
- Drivers hitting roadside work crews
- Delivery truck accidents
- Electrocution caused by negligent electricians or contractors
- Defective or dangerous safety gear
- Defective or dangerous tools
- Dangerous conditions on the property.
When Does Workers’ Compensation Cover Construction Accidents?
If you work as an employee on a construction site, then any accident or injury you face while performing job duties should be covered under Workers’ Comp. This allows you to file notice of injury with your employer and get benefits through their insurance carrier.
Contractors vs. Employees
Workers’ Compensation is only for employees, and independent contractors are not covered. Who is an independent contractor and who is an employee can be confusing in construction because the terms “contractor” and “subcontractor” do not always accurately indicate when someone is an “independent contractor.”
The difference focuses on how they control their work themselves. If a worker is doing a job for a client and controls their pace, materials, and time, and merely delivers an end product, they are more likely to be deemed an independent contractor. Independent contractors also typically perform a different trade than the party hiring them and often work under a business name (e.g., as an LLC).
Work-Related Requirement
As far as what is “work-related,” nearly any accident that happens while you are doing work tasks should qualify. If your injury happened within the scope of your work, then it should be covered under Workers’ Comp.
This can potentially cover…
- Falls from ladders or scaffolding
- Falls off trucks, forklifts, or other equipment
- Accidental injury from manual or power tools
- Injuries from broken or defective equipment, materials, supplies, or tools
- Cuts, scrapes, lacerations
- Impalement
- Burns (fire, chemical, electrical)
- Inhalation injuries
- Blunt force injuries
- Head, neck, and back injuries
- Traumatic brain injuries
- Spinal cord injuries
How Long Do I Have to File for Workers’ Comp from a Construction Accident?
Workers’ Compensation claims are filed with your employer by reporting your injury to them. This is usually done within 21 days, but you lose your right to compensation if you wait more than 120 days.
From there, the employer gets some time to review the case and decide to accept or reject the claim. They can also accept on a temporary basis then reject the claim later, giving them more time to investigate.
Rejections must come within 21 days of your notice, or else you can treat it as a denial and move forward with a Claim Petition. These petitions are filed after your claim is rejected, and you must file them within 3 years of the injury.
You file with the Workers’ Compensation Office of Adjudication, which will assign the case to a Workers’ Comp Judge (WCJ) for hearings and decisions.
Who Decides Workers’ Comp Claims?
Your employer initially decides whether to accept your claim, but they usually have heavy input from their insurance carrier. After all, employers are not usually equipped to pay claims out of pocket and can only accept the claim if their insurance carrier agrees to pay.
Claims can be denied initially for any reasonable grounds, or else you can potentially seek penalties from your employer for unreasonable denials. One common penalty is having them pay for your Workers’ Compensation lawyer.
In any case, common grounds for denial include…
- Injury not being work-related
- Worker being an independent contractor
- Injury not being disabling (you can still get medical benefits this way, though).
Once you file a Claim Petition, the case is in the WCJ’s hands. They decide the claim without a jury, making decisions based on the evidence, depositions, medical records, and testimony submitted at your Workers’ Comp Hearing.
Will There Be a Hearing for My Construction Accident Case?
Many cases go to a Workers’ Comp hearing, at which the WCJ will collect evidence, records, and testimony. Most WCJs will not have live testimony in court, though they may have the claimant – the injured worker – testify in person. Everything else is usually handled ahead of time by holding depositions, collecting doctors’ reports, and submitting them to the court.
During your hearing, your lawyer can guide you through any questions the judge or defense might have. In most cases, your testimony will be limited to what happened, how you feel now, how your injury affects your life, etc. They will not expect you to know detailed medical information; that is what the doctor’s reports are for.
How Much Does Workers’ Comp Pay for a Construction Accident?
Workers’ Comp benefits all depend on your income and your injury.
Wage-Loss Benefits
Wage-loss benefits are paid for a “total disability” as long as you are out of work. They make up 2/3 of your average wage before the accident. If you are working, they make up 2/3 of the difference in wages if you now make less because of the injury. These are subject to caps and floors under the law.
If you are switched to partial disability, you get 500 weeks of partial disability benefits.
Medical Benefits
You also get medical care paid for at its full value, paying for all costs as long as you follow rules about what doctors to see in the first 90 days and follow through with all required care.
Specific Loss Benefits
Additional benefits are also paid for certain permanent injuries like amputation, lost function, lost vision, lost hearing, and serious facial scarring. These are paid weekly for a number of weeks the law assigns to each injury at a rate of 2/3 your average wage, subject to caps and floors as well.
Call Our Workers’ Comp Lawyers for Construction Accidents in Lancaster Today
Call our construction accident attorneys at Cardamone Law for a free case review: (267) 651-7945.
