Construction is an occupation wherein workers face inherently dangerous conditions. Thus, as a matter of public policy, state and federal laws have been drafted by legislators to promote safety for construction workers. This means that there is almost always a legal avenue that an injured construction worker can take. These legal options generally include compensation for injured workers from either their employer or a third-party.
There are generally three legal options an injured worker can take:
- Filing a Workers’ Compensation claim;
- Filing a personal injury lawsuit; and/or
- Filing a third party liability
Workers Compensation Claims
When a worker is injured at work, he or she is entitled to payment for most losses that are incurred due to their injury. Most employers are required to have Workers’ Compensation insurance coverage, which is used to pay Workers’ Compensation claims. Since Workers’ Compensation is a no-fault system, all that a person needs to prove in order to receive compensation is that they were injured while they were at work.
Personal Injury Lawsuits
If a construction worker can show that a person or entity other than their employer in some way caused them to be injured, they can pursue a personal injury lawsuit which usually pays much larger sums than Workers’ Compensation. In order to be successful in a personal injury lawsuit for an injury caused by a construction accident, a worker must prove:
- The defendant had a duty to provide for the safety of the worker;
- The defendant failed to meet their duty; and
- The defendant’s actions, or lack thereof, caused injury to the worker.
Third Party Liability Lawsuits
Workers can be injured by defects in a product, piece of equipment or construction material. When this kind of situation arises, the manufacturer, designer or seller of the product may be held liable for the injuries their product caused. In order to be successful in a third-party liability lawsuit, an injured construction worker must prove that:
- The equipment was unreasonably dangerous when it left the defendant’s control;
- The equipment was being used in a foreseeable manner at the time of the injury; and
- The defect caused the harm to the worker.
Philadelphia Construction Accident Lawyers at DiTomaso Law Help Injured Construction Workers and Their Families
If you, a loved one or someone you know has been injured in a construction accident, contact our team of seasoned Philadelphia construction accident lawyers at DiTomaso Law. We understand that financial compensation alone cannot restore what you have lost, which is why we seek justice by holding those responsible for your loss accountable in more ways than one. We will help you get through an extremely difficult time in your life. With offices in Cherry Hill, New Jersey and Center City, Philadelphia, we represent construction accident victims and their families throughout Southeastern Pennsylvania and Southern New Jersey, including Cherry Hill, Mount Holly and Camden County. Call us for a free consultation at 856-414-0010 or contact us online.