After a construction accident, you may be entitled to compensation for your injuries. However, getting full compensation can be complicated, especially since the work status of construction workers may play into your coverage.
Employees can claim Workers’ Compensation for work-related injuries, but independent contractors cannot. In construction, it is often a bit complex to determine whether you are an employee, a contractor, a subcontractor, or even an employee of a contractor. In any case, our lawyers can help you get the compensation you need for your injuries.
For a free case evaluation, call Cardamone Law’s construction accident lawyers at (267) 651-7945.
Employee vs. Contractor Status for Construction Workers
If you are an employee, then you may qualify for Workers’ Comp. Independent contractors, on the other hand, cannot use it. But just the fact that you work as “a contractor” does not mean you are an “independent contractor.”
Employees
Employees are hired by a company or a contractor to work directly for them. There are a few factors that are common for employees, but it is always up to courts to weigh these factors when determining status:
- Employers control employees’ time, place, and manner of work.
- Employees usually work under their own name.
- Employees are typically paid through W-2s, not 1099s.
- Employees typically get wages or salaries, plus benefits.
- Employees usually work year-round rather than being hired for one-off jobs, though seasonal employment also exists.
- Employees typically do the same trade or service as the company hiring them (e.g., construction workers at a construction firm).
Independent Contractors
Just because your work title is “contractor” or “subcontractor” does not necessarily mean you are an “independent contractor.” These factors are common for properly classified independent contractors:
- Contractors control their own schedule, timing, and workflow.
- Contractors are essentially self-employed.
- Contractors may work under a company name, such as one ending in “LLC,” rather than their own name.
- Contractors typically get a 1099, not a W-2.
- Contractors typically work a job under a contract, then they are free to move on to other projects or work on multiple projects at the same time.
- Contractors may deliver an end product or complete a job rather than coming in to work every day.
- Contractors usually work in a different specialty or trade than the company hiring them (e.g., an electrician or plumber doing a job for a construction firm).
Why it Matters
If you are not an employee, then you cannot claim Workers’ Compensation. However, if the employer made a mistake and misclassified you – or misclassified you on purpose – then they are supposed to cover your injuries through Workers’ Comp.
Requirements for Workers’ Comp Coverage in a Construction Accident
If you are an employee, then you should be covered for any accident you suffer related to your work. This typically means either the work conditions themselves caused the accident (air quality, noise, falling objects, dangerous flooring) or work-related tasks caused the injury (using machinery, cutting lumber, climbing scaffolding).
If the injury kept you from work for more than 7 days, you also should qualify for wage-loss benefits.
Can You Sue for a Construction Accident?
Construction workers are vulnerable to many types of injuries from many causes. Some of these are purely on the company they work for, which they cannot sue for work-related injuries. However, if another outside third party caused the accident, you can potentially sue them.
You have to prove they were at fault to sue them, but these kinds of defendants can often be held responsible for accidents they cause:
- Clients, customers, and property owners
- Drivers or passersby going through or near the construction
- Tool and power tool manufacturers
- Safety gear manufacturers
- Vehicle manufacturers
- Outside contractors
- Vendors and suppliers
- Crane and other machinery operators.
You usually cannot sue coworkers, but if some of your “coworkers” were actually outside contractors, you might be allowed to sue them.
FAQs for Construction Accidents in Pittsburgh
What Damages Can I Claim?
In a lawsuit, you can claim any damages that you suffered, including economic and non-economic damages (e.g., pain and suffering). In a Workers’ Comp claim, you can get medical bills, around 2/3 of your lost wages, and potentially another 2/3 of your wages for amputations, lost function, significant facial scars, lost hearing, or lost vision.
Talk to our construction accident lawyers about which claims are available to you and what damages you can get, specific to your case.
How Long Do I Have to File a Claim?
For Workers’ Comp, you must give notice of your injury to your employer within 120 days, though within 21 days is typical. You also get 3 years from the date of injury to file a Claim Petition with a Workers’ Comp Judge if your employer denies your claim.
Lawsuits typically must be filed in a court of law within 2 years of the injury.
What Should I Do After an Accident?
After an accident, get medical care immediately. If you are able to stay at the scene of the accident for a little while, take pictures and get contact info for all witnesses (or ask a friend, coworker, or union rep to do this for you).
Then, call a lawyer. Do not talk to your employer or insurance companies without us, and do not try to handle your claim on your own.
Do I Need to Prove an OSHA Violation?
OSHA violations help prove your injuries were someone else’s fault, but they are not necessary for Workers’ Comp claims or lawsuits.
Workers’ Comp is a no-fault system and covers accidental injuries, whether they involved violations or not. In a lawsuit, fault requires showing that the defendant breached a legal duty, and an OSHA violation can help show that.
What Evidence Do I Need?
Every injury case involves evidence like medical bills, medical records, and the victim’s testimony. If we can get other witness testimony or even security camera footage of the accident, that helps bolster your case.
Other evidence, such as expert testimony, photos of the accident scene, accident reconstruction analysis, and more might also be useful.
Call Our Construction Accident Lawyers in Pittsburgh Today
Call (267) 651-7945 for a free case assessment with Cardamone Law’s construction accident and Workers’ Compensation lawyers.
