The roar of heavy machinery and the sight of rising buildings are signs of progress. But these job sites are full of hidden dangers for the people working there. Understanding what are claims for construction accidents is a critical first step for anyone involved, from workers to students learning about the construction industry.
The law provides a safety net for injured workers. It is important to understand how it works and how you can be better informed on your legal rights. Construction sites are one of the most hazardous places for a work injury. A construction accident lawyer in Chester County can help if you get injured at a work site.
The Foundation: Workers’ Compensation Claims
The most common path after a worksite injury is a workers’ compensation claim. You can think of this as a form of insurance that most employers are legally required to carry for their employees. This system establishes a direct route for an employee to receive benefits without a lengthy court battle.
The workers’ comp system is designed to be “no-fault.” This means you do not have to prove your employer was careless to get benefits. If you were hurt on the job while performing your duties, you are generally covered, making the process much faster than a traditional accident lawsuit.
Workers’ compensation typically helps cover two main things: your medical expenses and a portion of your lost wages. According to the U.S. Department of Labor, these programs are managed state by state, so specific rules can change depending on your location. However, accepting these benefits usually means you give up your right to sue your employer directly for the work injury. Understanding how workers’ compensation intersects with other legal claims is crucial for maximizing your recovery.
What Are Claims for Construction Accidents Beyond Workers’ Comp?
While you usually cannot sue your direct employer, what if someone else on the job site was responsible for your accident? A modern construction site is a busy place with many different companies working together. You have the general contractor, electricians, plumbers, equipment suppliers, and more, all contributing to the project and the working conditions.
This is where third-party liability lawsuits come in. If you are injured because of the actions or carelessness of a person or company other than your employer, you may be able to file a personal injury lawsuit against that “third party.” This is a completely separate action from your workers’ compensation claim, and you can often pursue both at the same time.
Your workers’ comp claim helps with immediate medical bills and lost pay. The third-party construction accident lawsuit can help you get money for other damages that workers’ comp does not cover. These damages can include pain and suffering, which an experienced personal injury lawyer can help you value. The legal team at Bochetto & Lentz regularly handles complex construction accident cases involving multiple liable parties.
Claims Against General Contractors and Subcontractors
The general contractor has the main responsibility for overall site safety. They are supposed to coordinate the project and make sure the work environment is reasonably safe for everyone. This duty extends to the employees of all the different subcontractors on the project.
Let’s imagine you are an electrician. While you’re working, a carpenter from a different company drops a heavy tool from above, and it hits you. Your workers’ compensation will cover your immediate needs through your employer’s policy, but the carpenter and their company could be held responsible in liability lawsuits for your construction injury.
You might have a valid third-party claim against that company for their employee’s carelessness. The same logic applies if a general contractor fails to fix a known hazard, leading to an injury. Identifying all responsible parties is a key role of an accident lawyer in construction accident law. Construction sites often involve complex contractual relationships, and determining liability requires thorough investigation and legal expertise.
Claims Against Property Owners
Sometimes, the owner of the property where the construction is happening can also be held responsible. Landowners have a duty to keep their property in a reasonably safe condition. If they know about a dangerous condition on the property and fail to fix it or warn people about it, they could be liable for site accidents.
For example, maybe the owner knows about an unmarked, unstable part of the ground but does not tell the construction crew. If a trench collapses in that area and someone gets hurt, the property owner might be a responsible third party. This type of claim falls under an area of law known as premises liability, which holds owners accountable for injuries on their property. Property owner liability claims require establishing that the owner knew or should have known about the hazardous condition.
Defective Machinery and Product Liability Claims
Construction work depends on heavy equipment, tools, and safety gear. You have everything from cranes and bulldozers to power saws and safety harnesses. What happens when one of these products fails because it was poorly made or designed, leading to machinery accidents?
If a piece of defective machinery malfunctions and causes an injury, you may have a product liability claim. These legal claims are not against your employer. They are filed against the company that designed, manufactured, or sold the faulty product.
For instance, if a scaffold collapses because of a weak weld, the company that built the scaffold could be liable. Bochetto & Lentz attorneys work with engineering experts to evaluate equipment failures and build strong product liability cases.
Specific Types of Construction Accident Claims
Accidents on construction sites can happen in many ways. Certain types are more common and often have specific safety rules associated with them. The Occupational Safety and Health Administration (OSHA) sets federal safety standards for worksites to prevent common construction accident injuries.
- Scaffolding Accidents: Falls from scaffolds are a leading cause of construction accident injuries. A claim might arise if the scaffold was not put up correctly, lacked guardrails, or could not support the weight it was holding, leading to a serious site accident.
- Ladder Falls: A ladder that is old, broken, or placed on an unstable surface can easily lead to a serious fall and a potential claim. These falls can cause a range of accident injuries, from fractures to a traumatic brain injury.
- Trench Collapses: Trenches can be extremely dangerous if they are not properly shored up with protective systems. A collapse can be fatal, and accident claims often focus on the failure to follow safety protocols for digging and securing trenches.
- Crane and Forklift Accidents: Operator error, mechanical failure from defective machinery, or striking a worker can all lead to devastating accidents. These incidents often result in catastrophic injury or even wrongful death.
- Electrocution: Unfinished electrical systems and overhead power lines are major hazards. A burn injury or electrocution can happen from a lack of proper safety warnings or uninsulated wires, leading to serious personal injury lawsuits.
- Caught-In/Between Accidents: This happens when a worker is crushed or pinned between objects, like heavy equipment and a wall, or by collapsing materials. These accident lawsuits often involve multiple parties, including equipment operators and site supervisors.
- Falling Object Incidents: A falling object, from a simple hand tool to a large piece of building material, can cause severe harm. These accident claims may point to failures in securing materials overhead or establishing proper safety zones.
- Vehicle Accidents on Site: Construction sites are busy with vehicles like dump trucks and concrete mixers. A truck accident or pedestrian accident on a worksite can lead to complex liability questions involving the driver, their company, and the general contractor.
Understanding which type of accident you experienced helps determine the appropriate legal strategy and potential defendants in your case.
What Kind of Compensation Can You Get?
The type of claim you file directly affects the kind of compensation you might receive. It is helpful to see the difference between what workers’ compensation provides and what a third-party personal injury lawsuit could provide. They are designed for different purposes. A workers’ comp claim is meant to provide quick access to medical care and wage replacement. A third-party claim aims to recover all losses caused by the injury, which can include both tangible and intangible damages.
Workers’ compensation typically covers medical bills related to the injury and partially covers lost wages, usually around two-thirds of your average weekly wage. However, it does not cover pain and suffering or emotional distress. In contrast, a third-party personal injury lawsuit can cover all past, present, and future medical bills, fully compensate for lost wages and future earning capacity, and provide compensation for pain and suffering and emotional distress.
A third-party claim can account for the full human cost of an injury. Pain and suffering is a legal term for the physical pain and emotional distress you experience because of the accident. These are considered non-economic damages, while economic damages refer to measurable financial losses like medical expenses and lost income.
Workers’ comp is mainly about getting medical bills and some wages paid quickly, not making you “whole” again. Serious accident injuries, such as a spinal cord injury or a traumatic brain injury, can have lifelong consequences that workers’ comp alone cannot address. In cases of a fatal construction site accident, the surviving family may file a wrongful death claim to seek justice and financial stability. The construction accident lawyers at Bochetto & Lentz help clients pursue maximum compensation through all available legal avenues.
The Legal Process: What to Expect
If you or someone you know is injured on a construction site, the moments after can be confusing. Knowing a few basic steps can make a big difference. The process is not just about filing paperwork; it is about protecting your health and your legal rights.
First and foremost, you need to report the injury to your supervisor right away. Most states have strict deadlines for reporting a workplace injury, and waiting too long could harm your ability to get workers’ comp benefits. Make sure the report is in writing and that you keep a copy for your records.
Next, get the medical help you need. Your health is the top priority. Following a doctor’s advice is not just important for your recovery; it also creates an official record of your injuries. This medical documentation is crucial evidence for both workers’ comp and any potential accident lawsuits. You should also try to document everything you can. If it is possible, take pictures of the accident scene, your injuries, and any equipment involved. Get the names and contact information of any witnesses who saw what happened. This information could be very valuable later on for your injury lawyer.
Finally, you need to be aware of deadlines, called statutes of limitation. These are legal time limits for filing a lawsuit. For personal injury claims, this can be anywhere from one to several years depending on the state, as explained by resources like the Legal Information Institute. Missing this deadline means you lose your right to file a claim forever.
This is why many people choose to talk with an accident lawyer who has experience with construction accident law. An attorney from a reputable law firm like Bochetto & Lentz can help you understand all of your legal options and protect your interests. The legal implications of a construction accident can be complex, and professional guidance is often necessary. With decades of experience representing injured construction workers, Bochetto & Lentz provides comprehensive legal representation from initial claim filing through trial if necessary.
Conclusion
A construction accident lawyer in Bucks County can help if you’re hurt on a job site. Construction sites will always have some level of risk. However, the laws in place are designed to give protection and support when things go wrong. From the immediate help of workers’ compensation to the broader justice sought through third-party accident claims, the legal system has ways to hold responsible parties accountable.
The journey from injury to recovery involves understanding the different legal claims available. A workers’ comp claim provides a foundation for medical care and wage replacement. A third-party construction accident lawsuit allows you to seek full compensation for all your losses, including pain and suffering. Learning the basics of what are claims for construction accidents law is important for anyone entering the field or affected by a site accident. This knowledge can help make sure injured workers get the full measure of help they need to recover and move forward with their lives.
If you have been injured in a construction accident, the experienced personal injury attorneys at Bochetto & Lentz can evaluate your case and explain your legal options. Reach out today for a consultation to discuss your workers’ compensation claim and any potential third-party liability lawsuits. Their construction accident legal team is committed to helping injured workers secure the compensation they deserve.