Construction Site Accident Attorney in Philadelphia
Philadelphia’s makeover is never-ending. New buildings go up and old structures come down all week long. Construction workers invest a lot of sweat, muscle, and craftsmanship in keeping Philadelphia a modern and growing city. And sometimes that tireless work can put them in harm’s way.
These construction projects can be dangerous places, but property owners and construction companies are legally responsible to make a worksite as safe as possible for their employees. That duty sometimes goes neglected and that’s when the most tragic construction injuries happen. The incidents that could have been prevented. If you were injured on the job in a work zone, our construction zone accident attorney is here to help.
Edith Pearce started The Pearce Law Firm Personal Injury and Accident Lawyers P.C. to defend victims of negligence and strives to protect the rights of any worker who is hurt on the job. You need a nearby construction accidents lawyer who knows the insurance industry and the games their agents like to play. Edith Pearce worked for ten years as an attorney for an insurance company and defense firm, before representing personal injury victims. Reporting a construction accident and collecting worker’s compensation may only cover half of your needs in these cases. Contact us for an honest look at your best options to win compensation for your pain now and any care you may need in the future.
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Construction Site Accident Risks in Philadelphia
The U.S. Bureau of Labor Statistics (BLS) collected accident reports and found that roughly 195,600 construction injuries occurred across the nation in 2018. That’s on top of around 3,600 illnesses caused by harmful workplace exposure.
In Philadelphia, construction accidents lead to the loss of life each year. The BLS reported that Philadelphia and the surrounding region saw 63 workplace deaths in 2018. The construction industry accounted for 13 of those tragic deaths.
Transportation accidents led to a third of all workplace injuries in 2018. Contact with equipment and other objects was a close second leading to 27% of workplace accidents. Crane accidents, forklift accidents, and trench collapse incidents also contribute to the rising number of catastrophic injuries on commercial construction and high-rise construction projects.
Common Causes of Philadelphia Construction Accidents
Unsafe practices are often the very actions that are encouraged on worksites when deadlines loom and owners and managers start to ignore guidelines. Construction workers know the difference between an employer who is trying to emphasize safety and one that is trying to cut corners and rush the job.
OSHA requires working conditions that do not pose a risk of serious harm. Employers are also instructed to provide proper instruction and training to employees using a language they can understand. The training should cover workplace hazards, methods to prevent them, and safe and effective use of equipment. Qualified site supervisors and certified safety inspectors must ensure adequate fall protection, including safety harnesses and guardrails, are properly installed and maintained on all elevated structures. More information on OSHA training expectations can be found here.
The list of possible violations and safety hazards on a job site is near limitless, but here is a list of the more common hazards and errors in leadership that can result in a tragedy.
- Defective machinery
- Defective or unsafe tools
- Exposed power or electrical lines
- Faulty scaffolding or other supports
- Supervision errors
- Communication errors
- Unsafe practices
- Violations of OSHA regulations and other safety standards
- Electrocution accident
- Excavation accidents and building collapse incidents
- Demolition accidents involving caught-between hazards
Defective and Unsafe Tools
Power tools and their safeguards can break or malfunction while a worker is using them. Saws, other powered hand tools, electrical cords, and generators can create hazards when equipment is defective or unsafe.
Tool-related hazards include:
- Broken or defective safeguards that leave workers exposed to moving parts
- Unexpected movement of a malfunctioning tool that causes a worker to fall
- Leaks or explosions involving defective powered equipment
- Faulty wiring in tools or power cords
- Generator malfunctions and electrical or exhaust hazards
Faulty Scaffolding and Support Accidents
Workers on elevated platforms depend on sound planking, secure attachment points, and properly braced supports. Scaffolding accidents can involve a platform or support giving way, a worker slipping, or a falling object striking someone below.
Common causes include:
- Weak or damaged planking
- Overloaded scaffolding
- Failed attachment points or other components
- Missing or insecure bracing
- Inadequate fall protection
- Incorrect operating procedures or insufficient training
- High winds and changing worksite conditions
Communication Breakdowns on Construction Sites
Safety information needs to reach everyone working on a construction site. Hazards can go unaddressed when workers are discouraged from raising concerns or when important information does not reach the next crew.
Communication problems can include:
- Leaving safety reporting to one foreman without involving other workers
- An environment where workers feel unable to discuss safety concerns
- Infrequent safety meetings or reminders about current hazards
- Instructions that are not understood because of language or other communication barriers
- Failing to pass information about hazards from one shift to the next
Unsafe Construction Practices
Safety policies need to be put into practice through inspections, equipment maintenance, clear warnings, and attention to hazards throughout the workday. Unsafe conditions can persist when known problems are not corrected or protective equipment is not provided.
Examples of unsafe practices include:
- Leaving slip-and-fall hazards on floors
- Failing to provide suitable safety gear or using outdated equipment
- Skipping equipment maintenance
- Leaving scaffolding and supports unsecured
- Blocking walking routes or exits with obstacles
- Failing to contain hazardous chemicals or substances properly
- Using equipment contrary to the manufacturer’s instructions
- Leaving unsecured objects suspended above work areas
Compensation In a Philadelphia Construction Accident
Should I seek legal help after a construction accident? Yes! If you have suffered an injury on the job, seeking help from a construction accident attorney near you, may be able to help you recover enough compensation to cover all of your financial and emotional hardships through a claim for damages. Many injured workers wonder about attorney fees and whether they can afford a lawyer. Most reputable construction accident attorneys work on a contingency fee basis, meaning no upfront costs and no fees unless we win your case.
If your accident is only referred to Workman’s Compensation you may get some of your hospital bills paid and some money to keep you afloat while you’re out of work, but you won’t receive money for physical and emotional pain and other hardships placed on your family. A civil lawsuit against property owners, project managers, and construction companies can help with so much more. Third party claims and premises liability claims allow you to sue parties beyond your employer, including subcontractors, equipment suppliers, and property owners who failed to maintain workplace safety.
Damages that a construction accident victim and the victim’s family should be able to recover include: hospital and medical expenses; past and future lost earnings; past and future permanent physical disability, such as a limp, scars, loss of a limb; emotional distress, such as depression and anxiety; grief and emotional suffering caused by the death of a loved one; loss of love and companionship caused by the death of a loved one; damage or destruction of property; physical pain and suffering; loss of enjoyment of life. Additional recoverable damages include future medical expenses, rehabilitation costs, physical therapy, economic damages, non-economic damages, and in cases of egregious negligence, punitive damages. Wrongful death claims allow families to recover loss of consortium and compensation for supporting their family after a fatal accident.
Recent Construction Accident Case Settlement Examples
$60,000 Settlement After Verdict for Damages of Pain & Suffering (2019)
A Pennsylvania man reportedly suffered left heel and tibia fractures, resulting in neuropathic pain in his left foot, ankle, and leg with a restricted range of motion and an altered gait, when he fell through a compromised wooden plank on a scaffold, causing him to fall several feet while working at a residential construction project at the home of the defendants. The plaintiff asserted that the defendants employed the plaintiff pursuant to an oral agreement, with the contracting company, and had an obligation to ensure the work site was free from hazards that could cause injury to employees. Further, the plaintiff alleged the defendants were negligent in failing to perform regular inspections of the job site, failing to have a safety policy in place for workers to follow, failing to warn of a dangerous conditions, and ignoring known unsafe practices on the job site. The defendants disputed the allegations and denied that the contracting company had anything to do with the work the plaintiff was hired to perform. The trial court entered a directed verdict in favor of the contracting company and a jury awarded the plaintiff $65,000 in damages, finding the defendants were 70% negligent and the plaintiff was 30% negligent. The award was molded to $60,000 pursuant to a pretrial agreement between the parties.
$1200 Settlement After Verdict for Damages of Pain & Suffering (2019)
A 55-year-old Pennsylvania man was working as part of a construction crew, reportedly suffered aggravated osteoarthritis of his right knee and lacerations to his right forearm, when he was struck by a vehicle owned and operated by the defendant after caution cones had been placed and he was moving items out of his work truck. The plaintiff contended that the defendant operated her vehicle in a careless and negligent manner, operated her vehicle into a pedestrian lane of travel, and ignored the warning cones placed by the plaintiff and his crew. The defendant reportedly denied liability. A jury found each party 50% negligent, the plaintiff’s $1,500 verdict being reduced to $750 accordingly. Prior to trial, an arbitration panel found the defendant 60% negligent and the plaintiff 40% negligent, for a net recovery of $1,200.
Protecting Your Rights With a Construction Site Injury Lawyer Philadelphia
To protect your legal rights following a serious construction injury, it can be of great help to consult a personal injury law firm and talk to a skilled, trusted, local construction site accident attorney in Philadelphia, like Edith Pearce, the founder of The Pearce Law Firm Personal Injury and Accident Lawyers P.C. As a Pennsylvania licensed attorney admitted to practice in state and federal courts, Edith Pearce provides personalized attention and direct attorney access throughout your case. The Pearce Law Firm Personal Injury and Accident Lawyers P.C. has achieved multi-million dollar settlements for victims and their families who have suffered a severe injury or death in difficult and complex personal injury cases. Unlike the huge firms with dozens of attorneys and many different attorneys handling different aspects of your case, Philadelphia construction accident lawyer, Edith Pearce is personally involved in every case the firm handles from start to finish. She genuinely cares about her clients and you will not be treated like just another case or file. With proven track record and successful litigation experience, The Pearce Law Firm Personal Injury and Accident Lawyers P.C provides aggressive representation and skilled negotiation to pursue maximum compensation and full damages recovery for every client.
Common Injuries on the Job Site
The importance of getting the maximum compensation for your pain and suffering right after an accident can’t be stressed enough. A return to work isn’t guaranteed and without a way to support your family, their future can get increasingly difficult. Long term care costs, future medical expenses, and time off work can create substantial financial burdens for injured workers and their families. You may only get one chance to recover enough compensation to protect your family now and in the future.
The possible injuries resulting from a construction accident can change your lifestyle and change your outlook on life. Disability is a real possibility. Catastrophic and debilitating injuries can result in permanent disability, requiring extensive rehabilitation and physical therapy.
What is a major injury in construction? Here’s a list of some of the most common and major construction injuries seen in emergency rooms.
- Brain Injury
- Spinal Cord Injury/Paralysis
- Amputation
- Broken Bones
- Eye injury and Permanent Blindness
- Burns
- Repetitive Motion Injuries
- Chemical exposure
- Heatstroke
- Disfigurement from severe burns or crush injuries
Who can be Held Responsible in a Construction Accident?
After a serious accident, you may be confused about just who can be held liable for your injury. The answer can be complex because there may be multiple parties at-fault in a claim for damages. Understanding joint and several liability and vicarious liability is critical when multiple defendants share responsibility for your injuries. A construction project can include several professional firms and even different departments of city, state, and federal government. This is a partial list of some of the people you may have to pay you compensation.
- Sub-contractors
- General contractors
- Owners of the property
- Lessors/lessees of the property
- The developer
- The engineer
- The architect
- Equipment suppliers and product manufacturers in product liability claims
These cases become even more complicated because companies may have teams of lawyers representing their interests. Insurance companies and defense lawyers work to deny claims and dismiss your case using aggressive tactics. These lawyers will have one primary goal and that is to dismiss your claim. If they can’t accomplish that then they’ll want to get you to accept a lowball offer. It’s highly advantageous to have an experienced attorney fighting on your side to make sure you don’t become a victim a second time. An attorney who investigates thoroughly, gathers evidence, documents safety violations, obtains witness statements, secures accident reports and OSHA reports, and proves negligence through expert witnesses and accident reconstruction can build a compelling case for full compensation.
Frequently Asked Questions for a Construction Site Accident Lawyer Pennsylvania
Do I need an attorney for a Worker’s Compensation claim?
Edith Pearce is one of the rare Philadelphia construction accident attorneys who will handle both a workers’ compensation claim and the personal injury lawsuit, having expertise in both areas. A construction accident lawyer can determine all the parties that may be liable either through workers’ compensation or commercial general liability insurance policies.
How much can I get for a construction accident injury?
Pennsylvania law requires anyone who negligently injures another person to pay for all injuries and financial losses related to the injury. Most construction sites will have large liability policies as required by state law. Each case is different, and the amount will be determined by the severity of the injury, any permanent disability, the amount of lost time from work, and other factors allowed by law. Fair settlement amounts depend on proving negligence with sufficient evidence, including medical records documenting your injuries and their impact on returning to work and supporting your family. While average settlement figures vary widely, catastrophic injuries involving permanent disability, disfigurement, or life-threatening conditions typically result in substantial compensation covering economic damages and non-economic damages.
How long do I have to file a construction accident claim?
You have up to two years to file a civil lawsuit against any company or person liable for your injury. The best thing to do is file as soon as possible. The sooner you do the sooner your construction accident attorney can start gathering evidence, contacting witnesses, and determining who can be held responsible for your accident. Prompt action allows your lawyer to investigate the accident scene, document OSHA violations, secure witness statements before memories fade, and preserve critical evidence needed to prove your case. If you wait years to file a claim for damages companies can change ownership, projects can go under, and witnesses can move on to new jobs making it harder to build a case.
What is the most injured part of the body in construction?
According to Industrial Safety & Hygiene News (ISHN), the most injured part of the body in construction and other work environments are the hands and fingers. Injuries to the hands and fingers were the most reported injuries at work and in emergency departments.
The construction industry witnesses the highest incidence of injuries to the fingers and hands. This is primarily because construction workers frequently use their hands and fingers to manipulate tools and materials, exposing them to the risk of cuts, lacerations, fractures, and crush injuries. Moreover, the work environment of construction sites is typically known for the presence of heavy machinery and equipment, which dually increases the likelihood of construction accidents that can result in hand and finger injuries.
What is a major injury in construction?
Here’s a list of some of the most common and major construction injuries seen in emergency rooms. A major injury in the construction industry is considered to be a severe injury that is nonfatal. According to the Transport Accident Commission, a severe injury is categorized as:
- There has been a significant acquired brain injury, paraplegia, quadriplegia, amputation of a limb, or burns covering more than 50% of the body
- The definition of this term includes any injury specified by regulations
Some examples of major injuries in construction can include:
- Electrocution
- Burns
- Broken bones
- Paralysis
- Traumatic brain injury (TBI)
- Permanent blindness
- Toxic chemical exposure-related illnesses
- Spinal cord injury
What is the most common injury suffered by construction workers?
While construction sites pose a plethora of injury risks, there is one that stands out as the most severe. According to OSHA, falls are the most common type of injury in the construction industry. OSHA incorporates falls from heights as well as slips and trips. Falls on construction sites frequently result from uneven surfaces, incorrect mounting or dismounting of equipment, improper ladder usage, or the absence of fall protection equipment. Inadequate safety harnesses, insufficient guardrails on elevated structures, and improperly constructed scaffolds contribute to these preventable accidents. Misplaced objects or spills and leaks are common causes of slips and trips.
Falls can be life-changing and have the potential to leave a lasting impact on the worker’s physical, emotional, and financial well-being. Therefore, it is critical that all possible measures are taken to prevent this injury from occurring.
Fatal Construction Accidents
What are the top two fatal four accident categories in construction?
The fatal four is a term that refers to four categories of accidents and injuries that are considered the most severe in the construction industry. The top two accident categories in the fatal four include:
- Falls
- Struck by objects
The elevated heights at which workers frequently operate on construction sites increase the likelihood of falls, while the presence of heavy equipment and materials raises the risk of being struck by objects. As these accidents can cause life-altering injuries and fatalities, they are a significant area of focus for safety measures in the construction industry.
What is the biggest killer in the construction industry?
According to the Occupational Safety and Health Administration (OSHA), fall accidents pose the most significant threat to private sector workers, with approximately 33% of construction worker fatalities in 2018 resulting from falls. Construction sites in Philadelphia expose workers to numerous hazards, leading to falling accidents for various reasons, such as falling from heights, scaffolding, or ladders, slipping on spills, or tripping on equipment or power cords.
What kills the most people in construction?
In 2017, falls were responsible for 381 out of the total 971 construction fatalities, making it the leading cause of construction deaths, as reported by OSHA. Anything that may cause a worker to lose balance and fall at a construction site is classified as a fall hazard. Unprotected roof edges, improperly constructed scaffolds, and unsafe portable ladders are all examples of such hazards. Falling from a roof is the leading cause of fall-related fatalities on construction sites.
What is the number 1 cause of death on a construction site?
In the construction industry, falls are still the primary cause of work-related fatalities, representing over 36.4% of the total number of deaths. This includes slip and falls as well.
What type of accident kills the most construction site?
In the construction industry, falls are responsible for the highest number of worker deaths. In 2019, they accounted for 403 out of 1,061 fatalities in construction. It is not surprising that falls were the cause of nearly 38% of all construction worker deaths when looking at the most cited OSHA standards violations for the construction industry in Fiscal Year 2020 (October 2019 – September 2020).
Construction Accident Causes
What are the 4 main causes of injury on construction sites?
There are various factors present on construction sites that can cause injury. However, some causes of construction site injuries are more common than others. The 4 most common causes of construction injuries can include:
- Lack of fall protection for workers that are on elevated structures and buildings
- Lack of protection from falling objects for people on the ground
- Debris and construction materials causing tripping hazards
- Power tools without guards or protection
What is the most common accident in construction?
As previously discussed, the most frequent type of construction accident is falling from high places, which acounts for almost 35% of all construction injuries.
Contact a Philadelphia Construction Injury Lawyer Near You
Before deciding to represent injured people, Philadelphia construction accident lawyer, Edith Pearce, spent over ten years working as a lawyer for an insurance company and defense firm. She knows all the “tricks of the trade” from the other side of the fence and knows how to navigate through the complexities of construction accident lawsuits to get you full and fair compensation for your injuries, losses, and suffering. If you have been injured on a construction site and need more information from a Philadelphia construction site accident attorney contact The Pearce Law Firm Personal Injury & Accident Lawyers P.C. for a free case evaluation.
We are dedicated to protecting your rights and obtaining full and fair compensation for you.
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