Heavy machinery plays a vital role in just about every modern construction project, from minor renovations to massive new buildings going up. Unfortunately, this means there is also always a risk on construction sites that, through misuse or malfunction, something like a crane or an industrial saw may wind up causing life-altering injuries to someone using it. It could even injure other workers nearby or site visitors and passersby who were just in the wrong place at the wrong time.
As is the case with most other injuries on construction sites, you may have multiple options for seeking financial recovery after an accident involving construction machinery. That said, assistance from a knowledgeable construction injury attorney will be essential to get a good result from this sort of claim. If you have been hurt through this type of accident, you should contact a Philadelphia construction machinery accident lawyer from Marrone Law Firm, LLC as your top priority.
Under Pennsylvania state law, all companies which employ at least one person as a full-time or part-time employee must provide workers’ compensation insurance coverage to all their employees. That type of coverage should provide benefits to any construction company employee in Philadelphia injured through a machinery accident. As any experienced attorney knows, there are plenty of workers on the average construction project who are “independent contractors” rather than “employees,” so workers’ comp may not be available to everyone injured in this type of incident.
A construction company which does not provide workers’ comp coverage to a specific worker can be held civilly liable for any injury that worker suffers due to the company’s negligent maintenance or operation of heavy machinery. Workers who do have workers’ comp coverage cannot sue their employers directly over this or any other type of on-the-job accident. However, they can still sue a third party whose misconduct contributed to causing a machinery accident—for example, the machine’s manufacturer which failed to ensure their product was free of dangerous defects prior to selling it.
Workers’ comp benefits for construction workers are typically limited to reimbursement for “reasonably necessary” medical expenses and partial reimbursement for lost wages due to temporary and/or permanent disability. Through a successful lawsuit or settlement demand, a construction machinery accident lawyer could help an injured worker in Philly recover for both economic and non-economic forms of harm stemming from their accident, including:
To reiterate, it is not possible to recover twice for the exact same damages through both workers’ comp and civil litigation. Furthermore, civil lawsuits over construction machinery injuries require proof that a specific person directly caused the injury because of an irresponsible act, whereas workers’ comp benefits are typically available on a “fault-free” basis.
It is difficult but not impossible to get paid fairly after a job-related injury involving machinery. However, it is not something you should try to handle on your own, especially if you are sidelined by your injuries.
A Philadelphia construction machinery accident lawyer from Marrone Law Firm, LLC could be an irreplaceable ally from start to finish of your legal proceedings. Call today to learn more and set up a free consultation with a member of our team.