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Philadelphia Construction Accident Lawyer

Construction workers perform one of the most dangerous occupations in the country. Rules are in place for safety at construction sites, but construction workers are often at great risk for serious injury. Hundreds of thousands of workers are injured and even killed in construction accidents each year.

If you or a loved one are involved in a construction accident, a Philadelphia construction accident lawyer at Rosenbaum & Associates is available to help.

Why Choose Our Construction Accident Lawyer?

  • We have more than 25 years of experience and will help you and your family fight to get the compensation you deserve.
  • We have recovered millions in compensation on behalf of our injured clients.
  • Our success in advocating for injury victims in Pennsylvania is recognized on a national level.
  • There are no legal fees if you do not recover compensation.

Philadelphia construction accident lawyer

Why You Need a Construction Accident Lawyer

Some workers in Philadelphia can only collect workers’ compensation benefits, while others can recover damages separate from their employer, including other contractors or subcontractors, while also qualifying for worker’s compensation benefits.

Construction accident cases can be very complex. Hiring lawyers who have years of experience in investigating construction accident claims is a must. In addition there are unique theories in construction cases and all possible avenues of recovery should be explored. Hiring an experienced Philadelphia construction accident attorney is strongly advised. These knowledgeable attorneys can sort through the accident claim investigation reports and find information vital to your case that a less experienced attorney might overlook. The list of defendants may be extended to include manufacturers, designers, architects, and subcontractors.

Common Causes of Construction Accidents

Construction accidents occur for a variety reasons including the following:

  • inadequate supervision;
  • defective equipment;
  • negligent blasting and tunneling procedures;
  • collapsed wall and roof;
  • dropped loads;
  • crane and aerial lift overturns;
  • collapsed scaffolding;
  • unprotected holes, floor openings, and open stairways;
  • improper scaffolding procedures;
  • improperly handled gases or chemicals
  • access areas not maintained;
  • insufficient systems to prevent fall;
  • insufficient bracing or support of concrete structures.

Types of Construction Accidents

Construction accidents can be caused by several factors. Below are some of the more common:

Scaffolding Failure and Falling Accidents

Scaffolding accidents in Philadelphia are a primary cause of construction site accidents and deaths. Assembly and maintenance of scaffolding is often performed negligently. Scaffold related accidents number 10,000 or higher annually and have multiple causes. Plank or supports failure is common, as is being hit by falling objects and slipping. Injury due to falling from scaffolds accounts for one quarter of construction worker deaths.

Crane Accidents

Crane-related accidents account for numerous injuries annually. Occupational Safety and Health Administration (OSHA) states that approximately 50 deaths annually are due to crane accidents. Contact between cranes and power lines is common. Crane accidents are also due to crane assembly or crane dismantling (12%), rigging failure (7%), boom buckling (8%), and crane upset and crane overturning (7%).

Welding Injuries

Welders are exposed to a variety of on-the-job hazards. For example, the ultraviolet radiation generated by the electric arc in the welding process can cause severe burns to the skin and lens damage to the eyes. Philadelphia workers who use flame cutting equipment are also exposed to infrared radiation, which can cause thermal burns. In addition, the intense light associated with welding, cutting, and brazing can produce a variety of eye problems, including damage to the retina.

Toxic Exposure and Explosions

Construction projects in Philadelphia often use various types of compressed gas that can be quite dangerous. Potential for accidents due to mechanical and chemical hazards is high. Gases can be combustible, flammable, explosive, poisonous, corrosive, or toxic. Flammable gases can explode or cause or spread fire. The threat of asphyxiation, poisoning, and suffocation exists due to presence of toxic gases. In addition, because compressed gases are contained in pressurized metal containers, special storage and handling procedures must be followed to avoid a potential detonation of the container.

Available Damages in a Construction Accident Claim

Victims injured in construction accidents caused by another person or company’s negligence may be entitled to the following types of compensation:

  • Total lost wages and benefits (workers’ compensation only covers a small portion)
  • Loss of future income and diminished earning capacity (for the difference in the income you can earn now compared to before the accident)
  • Current and future medical expenses related to the injury, including hospital stays, surgeries, doctor’s appointments, physical rehabilitation, prescription medications, home modifications for disability, etc.
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Punitive damages (in cases involving extreme recklessness)

Pennsylvania does not have laws in place that limit the amount of compensation an injured worker can recover unless the defendant (at-fault party) is a government agency or employee.

Philadelphia construction injury lawyers

Construction Accident Liability

Pennsylvania workers are generally not able to sue their employers because workers’ compensation provides benefits for work-related injuries regardless of fault. However, there are some exceptions. If, for example, you believe your employer’s actions intentionally caused you harm, your employer violated OSHA safety regulations or does not have enough workers’ compensation insurance to cover your injuries, you have the right to sue.

Most construction accident claims are filed against third parties in conjunction with a workers’ compensation claim. Third-party claims can be pursued against parties who are not your employer but may have contributed to the accident. A property owner, contractor, product manufacturer, maintenance company, or architect, for example.

Proving a Third-Party Claim

In a third-party liability claim, the burden of proof falls on the injured worker. You will have to prove another party’s negligence resulted in your accident by demonstrating the following:

In a third-party liability claim, the burden of proof falls on the injured worker. You will have to prove another party’s negligence resulted in your accident by demonstrating the following:

Duty of Care

A duty of care must have existed between you and the defendant. For instance, general contractors have a duty to ensure construction sites are reasonably safe and warn workers of potential hazards.

Breach of Duty of Care

The defendant violated their duty of care by failing to prevent foreseeable harm. In other words, they behaved unreasonably when compared to what a reasonable person would have done under the same circumstances—for instance, failing to warn workers of a known danger.

Causation

The defendant’s violation of their duty of care directly caused you harm that would not have occurred otherwise. For example, a worker was injured by a site hazard that was not an obvious danger, and the general contractor failed to warn of it.

Damages

The final component is damages. To have a case for compensation, you must have suffered losses such as medical bills, lost income, pain and suffering, emotional distress, etc.

Proper and thorough investigation can be the difference in a successful claim. Timely investigation of the accident is the key to identifying and prosecuting construction accidents in Philadelphia. The investigation may include interviewing witnesses, obtaining photographs of the accident location before there are any changes, obtaining copies of the work site plans and of the contracts between the General Contractor and the subcontractors, obtaining copies of any safety manuals used by the General Contractor and the subcontractors, working with construction site experts to establish who was at fault for the accident. Since early investigation and legal intervention is important you should obtain legal assistance immediately.

Contact Our Philadelphia Construction Accident Lawyers

If you would like more information please contact a specialized Philadelphia construction accidents lawyer at Rosenbaum & Associates online or call for a Free Case Evaluation. Our Philadelphia personal injury lawyers can help you get the compensation you deserve.

Related practice areas: Personal Injury, Fire and Explosions, Nerve Damage