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Marrone Law Experienced Personal Injury Lawyers Represent Clients Injured On the Job and on the Construction Site
Construction Accidents and Injuries are not uncommon. According to the United States Department of Labor, one in five worker deaths in 2021 were for those who worked in the construction industry. Over a 10 year period, researchers from the Census of Fatal Occupational Injuries averaged the number of fatalities due to accidents or negligence at 963, while injuries averaged around 78,000. Of those instances, falls were the leading cause of construction-work related death (one in three).
Frequently Asked Questions about Construction Accidents in Philadelphia
Who do I contact if I’ve been in a construction accident?
Seek medical treatment right away; let your employer know that you were involved in an accident and that you will be retaining an attorney; contact an attorney
Who’s at fault?
Initially, it may not be necessary or possible to determine the at-fault party(ies). If you are employed and your employer maintains workers compensation insurance (which is required in most employment situations involving construction), then you are entitled to benefits regardless of fault. Those benefits include payment for medical costs associated with the incident, as well as indemnification for lost wages that result from absences caused by the workplace injury. The question of fault may come up at a later date if a third party (not the employer) played a role in bringing about the injury.
How do I know if it was an accident or negligence?
The question can be misleading. Many (but not all) accidents are caused by negligence.
Negligence is a legal term which refers to a four-part analysis:
- Was there a duty owed to the person claiming negligence?
- Did someone breach one of the duties owed to the person claiming negligence?
- Did such breach(es) cause damages or harm to the person claiming negligence?
- What was the damage or harm suffered by the person making the claim?
The “accident” usually refers to the incident that happens because of the breach of duty.
What damages is my employer liable for?
Your employer is required to provide a safe workplace. If you are injured in a construction accident, your employer must provide compensation for your losses. If your employer maintains workers compensation insurance, then the type and amount of damages you can recover are limited by statute, but still include compensation for medical costs and lost wages.
If I file a lawsuit, what are the next steps?
A lawsuit may be required, regardless of whether you proceed under the workers’ compensation statute or through a common law negligence claim. The two proceedings are quite different from one another, but in both cases there will be a period of gathering evidence about your medical damages and lost wages. In a common law negligence claim, there is also investigation regarding fault and how the incident occurred.
Should I contact OSHA?
You should contact OSHA if there is a workplace incident involving serious injury or death. An OSHA investigation can provide invaluable information about how the incident occurred. OSHA also serves a vital purpose in keeping employers accountable so that future injuries do not occur.