Philadelphia Construction Site Injury Lawyers

Construction is one of the most dangerous fields of work, and workers are frequently hurt on the job. Depending on how you were hired and how your accident occurred, an attorney can help you file a Workers’ Compensation claim.

Whether Workers’ Compensation in Pennsylvania covers construction workers is difficult to answer. Generally, independent contractors are not considered employees within the legal definition of the term and are ineligible for Workers’ Comp. However, not all construction workers are independent contractors. Your employer might misclassify you, and we can help you prove you are in fact an employee and should be covered by Workers’ Comp. Even if your boss is an independent contractor hired to work on a construction project, you might still be considered an employee. To begin a claim, immediately report your accident and injuries to your employer and contact an attorney.

For a confidential case assessment at no cost to you, call our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law at (267) 651-7945.

Are Construction Workers Covered by Workers’ Compensation in Philadelphia?

A major concern surrounding Workers’ Compensation claims for construction workers is whether these workers are even eligible for benefits. In many cases, the answer is no. Only people who are considered “employees” within the legal definition of the phrase may be eligible. While most workers are usually considered employees, independent contractors often are not.

Even so, not all construction workers are independent contractors. Many construction workers are regular employees of large and small construction companies, or they are employees of contractors instead of being subcontractors. In such cases, Workers’ Comp may be available. Even if you are an independent contractor, your employer might choose to cover you anyway, or you might purchase your own Workers’ Compensation insurance. Our Certified Pennsylvania Workers’ Compensation Specialists can contact your employer and discuss your employment status to determine if you are indeed covered by Workers’ Compensation.ur Certified Pennsylvania Workers’ Compensation Specialists can contact your employer and discuss your employment status to determine if you are indeed covered by Workers’ Compensation.

Workers’ Compensation benefits may cover medical bills and some of the income you lose while you cannot work. This kind of coverage is crucial for injured workers, especially those working in construction. Construction-related injuries are often severe, leading to huge medical bills that you might not be able to afford without Workers’ Comp benefits. Since construction work is inherently physical, and bodily injuries may seriously hinder your ability to earn a living, and benefits that make up a portion of lost income might be your only lifeline.

Construction Workers as Employees or Independent Contractors in Philadelphia Workers’ Compensation Cases

As mentioned before, a major concern among injured construction workers filing Workers’ Compensation claims is determining whether they are employees or independent contractors.

The misclassification of construction workers is a common problem in Workers’ Comp cases. Some injured workers believe they are employees but find out their boss has officially listed them as independent contractors, making them ineligible for benefits. In some cases, this is done on purpose to help employers save money on Workers’ Comp insurance.

Employees

The definition of employee is found under Art. I § 104 of the Workers’ Compensation Act. An employee includes a very broad spectrum of workers. The law describes employees as anyone in service to another for valuable consideration (i.e., payment). This is incredibly broad and might appear to include construction workers. However, certain people are excluded from this definition, including independent contractors.

Your employer might have you listed in official work documents as an independent contractor, making it much harder, if not impossible, for you to claim Workers’ Compensation. However, your employer might treat you as if you are their employee, not an independent contractor. Just because you are described as an independent contractor on paper does not make you an independent contractor. How your employer treats you on the job is key in determining whether you are a covered employee.

Independent Contractors

An independent contractor must work according to two key factors. First, the contractor must be free from control over their work. The person hiring an independent contractor does not control things like when the contractor works, how they do the job, or any other aspects of the contractor’s business. While many of these factors are negotiated and included in contracts, the contractor has much more control over their work.

Second, the contractor must regularly or customarily engage in an independently established business, trade, or profession. For example, a plumber who regularly works in plumbing and holds themselves out as a professional plumber for hire may be an independent contractor. A maintenance worker in an office building who takes care of many tasks, including minor plumbing issues, would likely be an employee.

Which one are you? Do you run a business as an independent contractor for construction work, or were you hired for a construction company where you work as directed by an employer?

Injured Construction Workers Who Are Employees of Independent Contractors in Philadelphia Workers’ Compensation Cases

Your boss might be an independent contractor, but you might not be. Perhaps you were hired as an employee for your boss’ construction business. Perhaps your boss is a master electrician, and he hired you and several others as assistant electricians for construction work. Under such conditions, you might still be an employee eligible for Workers’ Compensation rather than being considered a subcontractor.

Under Art. II § 203 of the Workers’ Compensation Act, an employer who allows a worker to enter premises under their control to perform duties as part of the employer’s regular business is liable to the worker for injuries, and the worker may be covered by Workers’ Comp.

Put another way, if an independent contractor (e.g., a plumber, electrician, drywaller) hires you to work for them on a construction site and you are injured, the independent contractor may be legally liable and must provide Workers’ Compensation.

Beginning a Workers’ Compensation Claim for Injured Construction Workers in Philadelphia

To begin a Workers’ Comp claim after being injured on a construction job, immediately report your injuries to your employer. Your employer is then responsible for informing the insurance company about your injuries and filing a claim if you cannot work.

Next, hire an attorney as soon as possible. Many injured construction workers are surprised to learn their boss does not consider them employees and will not provide Workers’ Compensation benefits. An attorney can help you litigate the matter, prove you are an employee, and get the Workers’ Compensation benefits you deserve.

Speak to Our Philadelphia Construction Site Injury Lawyers for Assistance Now

For a confidential case assessment at no cost to you, call our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law at (267) 651-7945.