What Can A Philadelphia Construction Accident Attorney do?
The Law Offices of Greg Prosmushkin, P.C., recognize the inherently hazardous nature of the construction industry. The fact of the matter is that, despite only comprising 8 percent of the U.S. workforce, the construction industry accounts for an astounding 17 percent of all work-related deaths. There were approximately 5333 workplace injuries that lead to a fatality in 2019 across the United States.
Work injuries can negatively affect the person who suffers the injury and their family as a whole. If the injured person is the only member of the family who is earning a living, it can become hard for the family to make ends meet. Contact our experienced Philadelphia Personal Injury Lawyer who will help you in your case.
The time that it takes an accident victim to recover from their injuries can depend on the extent of the injuries and the nature of the follow-up care. It may be impossible to heal following a work injury if you are trying to handle every aspect of your case on your own.
The stressors of medical bills, insurance claims, and loss of wages may mark only the beginning of the financial strains you may face. It can take the trained eye of a construction injury lawyer to catch the details that you may not have noticed about your case at first. An attorney’s counsel is meant to lift the burden of paperwork off of your shoulders, and our firm is here to ensure that you take the appropriate measures following your injury.
The consequences of a construction mistake or an equipment failure in this industry can result in disaster, and the injuries that victims suffer as a result can be extremely severe or even deadly.
A Philadelphia Construction Accident Lawyer will help you pursue compensation from the parties that are responsible for your injury and will work hard to recover significant benefits for the victims of a workplace accident.
Common Injuries At Construction Site
Construction work often involves powerful machines, dangerous heights, heavy materials, volatile chemicals, and the very real chance of human error. These factors can result in injury or death in many types of construction accidents, including:
- Falling materials or equipment
- Electrical accidents
- Machinery accidents
- Structural collapses
- Scaffold accidents
- Burns and chemical spills
Common Project Safety Violations
When a site accident occurs, it often happens as a result of a violation of common safety standards as established by the U.S. Department of Labor’s Occupational Safety and Health Administration. Some of the most common project safety violations include:
- Fall protection violation
- Inadequate information to workers about the location of the hazard
- Unsafe or unsecured scaffolding
- Inadequate respiratory protection for workers in chemical industries
- Faulty electrical system
- Unsafe truck operation and overloading
- Defective machinery
- Insufficient maintenance of project site and machinery
- Unstable ladders and defective forklifts
- Lack of barricade or fencing in high-rise sites
Schedule a free case consultation with our expert legal counsels who will discuss your case with confidentiality.
Statute Of Limitations To File A Construction Accident Claim
There is a 2 years statute of limitations for filing a personal injury claim in Pennsylvania. So, if you have failed to file an injury lawsuit within this two year time frame following your accident, you may not be able to file a lawsuit.
Although, the lawsuit can be filed under some exceptions. If the injured victim is below 18 years, the law says that the two years does not begin to toll until the injured party turns 18. Further, where the victim has injuries that remain hidden for some time, then likewise the two years will not begin to toll until the victim knew or should have known about the injuries.
Construction Site Accident Reasons: According to OSHA Reports
According to the reports of the Occupational Safety and Health Administration (OSHA), crane accidents are common at construction sites. These crance accidents can be attributed to a number of different reasons such as boom buckling, crane overturning, wiggling failure, and dismantling.
Scaffolding also forms one of the major reasons for construction site casualties. Slipping and falling objects cause nearly 10,000 casualties at construction sites in the United States every year. There have been welding injuries that also require immediate medical treatment for the workers.
How Can A Philadelphia Construction Accident Lawyer Help You To Pursue Compensation?
Construction-related accidents frequently result in serious or catastrophic injury. Injuries to the back and spine, traumatic brain injury, electric shock, burns, broken bones, amputations, and crush injuries are not uncommon. These injuries may require long-term and costly treatment. In the most horrific cases, construction accidents can even lead to the victim’s wrongful death.
Construction companies, general contractors, subcontractors, equipment manufacturers, and property owners are some of the parties that may be responsible for the injuries that a worker incurs at a construction site. The specific details of the accident and resulting injuries can help to determine who is responsible for the damages.
For instance, a contractor may be responsible for the error of their employee. An equipment manufacturer may be at fault due to a product’s liability issue. In the case of some accidents, a number of parties may have contributed their negligence to create an unsafe condition that resulted in injury.
Our understanding of safety regulations and the technologies at play, along with our investigatory techniques and skill in taking depositions, uniquely position us to determine who may be at fault. We take the necessary action against these parties on your behalf to improve your chances of receiving fair compensation for your medical costs, lost income, lost future earnings, and pain and suffering.
Whether you will win the compensation you deserve can depend upon your witnesses’ testimony and the strength of your evidence. When you consult a Philadelphia construction accident lawyer, they can help you build a case that brings you maximum benefit. We will also send our investigators to the accident site to evaluate every aspect of the incident. Our investigation team can often identify favorable evidence to bolster your case.
Documents Required To File A Safety Violation Lawsuit Against A Company
While it may seem obvious to you that the accident could have been avoided if the proper safety measures were in place, here is a list of important documentation that you will likely need to establish that there was a violation of safety measures at your worksite.
- Witness accounts from other workers at the site
- Pictures of the hazardous site or the dangerous condition
- Proof of safety violation at the site
- Medical records stating the injury and any medical condition that occurred as a result of the accident
Do not worry if you cannot collect all of these details by yourself. Our lawyers can assist you in every stage of the process.
We can arrange a visit to the accident site, where our Philadelphia construction accident lawyer can take note of every detail. If necessary, the attorney may request a re-enactment of the accident to understand various aspects of how it occurred.
Common Issues That Most Victims Worry About
For a construction worker, site accidents are unfortunately common. Many accidents result in fatalities because of the high-risk work conditions. When you suffer from an injury, contact our construction accident law firm. We can help you to get the justice and financial compensation that you deserve. You may be able to sue your employer for negligence if it may have caused the accident.
Here are some answers to the questions that victims most commonly ask after a construction site accident:
Is It Possible To Sue An Employer For A Construction Site Accident?
Many employers in Philadelphia are required to purchase and pay for workers’ compensation insurance to protect their employees in the event of an injury. If you are insured under your employer’s workers’ compensation insurance, there are certain circumstances under which you may not be able to sue your employer.
Workers’ compensation insurance should cover your medical bills and lost wages relating to your work-related injury. However, it is difficult to file workers’ compensation insurance claims. In that case, you might need the help of an experienced Philadelphia construction accident Lawyer.
Can I Still Get Compensation If I Was At Fault For The Accident?
Workers’ compensation insurance provides coverage for medical expenses and lost wages to workers regardless of who was at fault. Therefore, you need not establish that your employer was at fault for the accident.
However, if workers intentionally hurt themselves at the workplace to seek compensation or if they were working under the influence of drugs or alcohol, then they might be denied benefits under the workers’ compensation insurance policy.
To What Types Of Compensation May I Be Entitled?
When you are injured at a construction site, your workers’ compensation insurance will cover your medical expenses, such as ambulance charges, fees for diagnostic tests, oxygen, medication, hospitalization, surgery, and treatments. It may also cover your lost wages.
However, if the circumstances surrounding your accident allow you to move forward with a lawsuit against your employer, you may be eligible to seek compensation for a number of other damages. A Philadelphia construction accident attorney can advise you of the options available to you.
What Is The Average Compensation That An Accident Victim Receives?
There is no average compensation for a construction site injury. The medical compensation will depend on the extent of the injuries, and the cost of the treatments, and the loss of wages is covered up to two-thirds of the employee’s weekly average income in workers’ compensation situations.
If your accident includes the involvement of a third party, you may be able to move forward with a lawsuit and pursue other compensation, which will largely depend on:
- The severity of the injury
- Your age, health, and family income
- The degree of dispute or conflict involving the accident
- The financial strength of the liable party
- Personal and family needs of the injured party
However, consult with an injury lawyer to understand your case’s strengths and weaknesses in the aftermath of a construction site injury.
Contact A Construction Site Accident Lawyer at The Law Offices of Greg Prosmushkin today
If you or a family member has been injured in a construction accident, you deserve to be fairly compensated. Our lawyers are committed to our clients and their cases. Let us help you. Call today or contact us online to schedule a free consultation with one of our experienced and proficient injury lawyers.