Philadelphia Construction Accident Lawyer
Employers are required to provide their employees with a workplace that is free from hazards and maintain all necessary safety features to limit the likelihood of workplace injuries. The Occupational Safety and Health Administration (OSHA) sets guidelines for every industry and follows up on any claims made by employees about hazardous work environments.
Construction is one of the most hazardous jobs in the world, and workers are exposed to a number of unavoidable hazards every day. However, OSHA sets safety rules to ensure that those hazards are limited in every capacity and that workers have maximum protection from workplace hazards. Employers and construction companies must maintain job site safety in every possible capacity, or they can be liable for any injuries resulting from careless safety standards.
Why Choose A Philadelphia Construction Accident Lawyer From Ciccarelli Law Offices
- We are ready to fight for the maximum compensation for your construction accident injury.
- Our attorneys are skilled negotiators who will do their best to secure you the best settlement possible, but if negotiations falter, we are ready to go to trial on your behalf.
- We will keep you apprised of your rights throughout the process. We will fight for just compensation and make sure your rights are protected.
Call a Philadelphia Construction Accident Attorney | (215) 228-0100
A Philadelphia construction accident lawyer can help you figure out your options, contact Ciccarelli Law Offices to schedule a free consultation. Free case evaluations, no fees unless we win.
Types of Philadelphia Construction Accidents
According to OSHA’s research, 20% of all workplace fatalities occurred in the construction industry. They broke down the top causes of construction workplace deaths into the “Fatal Four”:
- Falls account for 39.9% of construction workplace deaths. They are one of the most common injuries in the world and are especially dangerous in construction sites where footing is likely to be unsteady and the heights may be great. Call a Philadelphia slip and fall attorney today!
- Electrocutions were 8.5% of recorded deaths. Construction involves installing wiring and electrical systems and poses a hazard to employees if electrical devices are not handled safely or correctly installed.
- “Struck by” incidents comprise 8.4%. These incidents are described as the victim being hit by some object, usually falling tools or debris.
- “Caught in/between” incidents made up the final 1.4% of deaths. These incidents are when someone is pinned between moving objects or caught in machinery.
OSHA conducts inspections regularly in hazardous industries but also relies on reports from employees who recognize hazardous conditions. Workers become worried if they have reported their concerns to their employers but the situation was not addressed adequately and may contact OSHA if they believe their workplace is unsafe. When someone reports an unsafe workplace, OSHA will investigate to assess the situation. Employers who fail to provide hazard-free workplaces may face heavy fines or legal action if they are negligent or illegally disregarding major safety issues. At Ciccarelli Law Offices an experienced Philadelphia construction accident attorney can help you get the compensation you deserve. We charge no fees unless we in. Call (215) 228-0100 or fill out an online contact form today.
Construction Accident Injuries In Philadelphia
Data provided by the US Department of Labor shows us The most frequently cited OSHA violations that construction companies receive from federal authorities. Amongst these include:
- Failing to provide fall protection
- Lack of respiratory protection
- Ladder safety issues
- Problems with scaffolding construction
- Failing to provide adequate hazard communication
- Failing to provide fall protection training
- Improper eye and face protection
- Improper control of hazardous energy
- Issues with machinery and machine guarding
Construction site injuries vary widely but commonly include the following:
- Major lacerations or puncture wounds
- Crush injuries
- Bone fractures or dislocations
- Spinal cord injuries
- Brain injuries
- Severe sprains or strains
- Internal organ damage
- Internal bleeding
In addition to these acute traumatic injuries, construction workers can also face a range of injuries that do not appear immediately but rather show up over time due to occupational exposure. This can include respiratory issues, occupational cancers, mesothelioma, repetitive stress injuries, extreme mental anxiety or stress, and more.
What Can Construction Accident Victims Do?
If you were injured on the job, you probably filed for workers’ compensation to address your medical expenses and lost wages after your injury. While workers’ compensation in Philadelphia benefits may assuage some of the financial burdens from an accident, it is highly likely that it will not be enough to cover your expenses completely or your pain and suffering.
In some cases, insurance companies will attempt to delay claims or pay as little as possible when someone is injured. If your employer was demonstrably negligent in the maintenance and safety measures of the job site, they may be liable for punitive damages as well. When it comes to negotiating for workers’ compensation, dealing with uncooperative insurance claim agents, and holding negligent employers accountable, having experienced, reliable legal counsel will make an incredible difference in any construction accident situation.
Damages To Recover in A Philadelphia Construction Accident Claim / Construction Accident Injuries
If you have suffered injuries in a construction accident and need to file a claim to be compensated for your injuries, you should understand what damages are and what types you might receive. In Pennsylvania, you can receive economic, non-economic, and punitive damages.
Economic damages are measurable monetarily. After an accident, you may face financial issues. Listed below are some of the economic damages for which you might be compensated:
- Medical expenses: If you were injured in a construction accident, your bills start to pile up quickly. Included in your medical expenses are ambulance or airlift travel, emergency room visits, procedures or surgeries that are necessary, diagnostic tests, and follow-up care.
- Loss of income: When you have been injured, it may be difficult or even impossible to return to work. This can mean no money coming in while the bills mount. Your construction accident claim should include loss of past and future wages.
- Home Alterations: Depending on your injuries, you may need to remodel or add some features to your home. These might include ramps, grab bars, handrails, wheelchair-accessible bathrooms, and kitchens.
- Assistive Devices: Wheelchairs, canes, and crutches are all considered assistive devices that aid construction accident victims in mobility.
- Ongoing healthcare needs: You may be entitled to compensation for your ongoing medical expenses. Determining how long or severe your situation is can be challenging, but your construction accident lawyer can help you estimate the costs.
- Prescription medications: Some injuries require medications for pain, infections, or to prevent problems. These can be expensive, so they are a damage worth pursuing compensation for.
- Property damage: If your property was damaged in a construction accident, you are eligible for damages.
Non-economic damages are often called “standard” damages. These are challenging to quantify monetarily. Some non-economic damages that you may be entitled to are listed below:
- Pain and suffering: Pain and suffering damages allow the accident victim to recover compensation for their physical pain and emotional anguish.
- Scarring and disfigurement: You should be entitled to compensation if the accident ended in injuries resulting in scarring or disfigurement.
- Post-traumatic stress disorder (PTSD) Post-traumatic stress disorder and other anxiety disorders, as well as depression, may be the result of a construction accident in Philadelphia.
- Loss of enjoyment of life: When the individual hurt in the construction accident can no longer participate in the things they once did, their life becomes less enjoyable. When settling with an insurance company, the loss of enjoyment of life needs to be taken into account.
- Loss of consortium: These damages may be available to the spouse or partner of the injured party. If they have lost companionship, protection, security, and intimacy, they could be entitled to monetary compensation.
- Inconvenience, aggravation, and stress: An accident is inconvenient, aggravating, and stressful, so insurance companies should take your circumstances under advisement when reimbursing you for your trouble.
The last type of damages available after a construction accident is punitive damages. Punitive damages stand to do three things:
- Punish the defendant for their negligence or misconduct
- Deter them from repeating the behavior
- Discouraging others from participating in similar conduct
Punitive damages are not compensating the victim for any of their losses. They are there to punish the negligent party. They are rarely awarded.
What To Do After A Construction Accident In Philadelphia
In the immediate aftermath of a construction accident, and in the days and weeks that follow, there are various steps that individuals can take to help ensure their well-being and that they recover the benefits they are entitled to. We understand that following steps after an incident such as this can be challenging, but we strongly encourage you to do so. You deserve compensation, whether through workers’ compensation benefits or as a result of a third-party injury claim.
1. Prioritize Your Well-Being
First, we genuinely care about your well-being. Your health and safety are paramount, so please seek immediate medical attention for your on-the-job injury. Your employer’s duty is to provide appropriate medical care, and you have the right to receive it. We understand the physical, psychological, and emotional toll this can take, but remember that your health is the top priority.
2. Report the Incident to Your Employer
It’s crucial to report the injury to your supervisor or employer as soon as possible. Timely reporting ensures that your employer is aware of the incident and can take appropriate steps to address any hazardous conditions and provide the necessary support. We understand that reporting an injury can be intimidating, but our team is here to guide you through the process and help protect your rights.
3. Document Everything and Keep Evidence
Documenting the details of your on-the-job injury is essential for building your case. Take photographs of the accident scene and your injuries, as well as any hazardous conditions that may have contributed to the incident. Keep a record of all medical appointments, treatments, and expenses related to your injury. These details will be valuable in establishing the cause of the accident and the extent of your losses.
4. Gather Witness Information
If there were any eyewitnesses to the workplace accident (bystanders, coworkers, etc.), gather their contact information. Witness testimony can provide crucial evidence to support your claim. Our legal team understands the importance of witness statements and can guide you on how to obtain and preserve this valuable evidence.
5. Consult with an Experienced Workers’ Compensation Attorney
Navigating the workers’ compensation process can be difficult, especially when dealing with an on-the-job injury. It is important to consult with an experienced workers’ compensation attorney who understands the intricacies of the system and can protect your rights. Our dedicated team will provide the guidance and representation you need, ensuring that you receive the benefits you are entitled to while focusing on your recovery.
6. Report Any Retaliation or Unfair Treatment
If you experience any form of retaliation or unfair treatment from your employer due to reporting your injury or seeking workers’ compensation benefits, it’s essential to document and report such incidents. Retaliation is illegal, and you have rights that should be protected. Our attorneys will stand by your side, advocate for your rights, and take appropriate action to address any mistreatment you may face.
Remember, you do not have to go through this alone. We are here to support you, and we have a commitment to securing the best possible outcome for your case. Your dedication as a construction worker deserves respect, and we will fight tirelessly to ensure that your rights are protected and that you receive the compensation and support you deserve.
How To Prove Negligence In A Philadelphia Construction Accident Case
If a claim is filed through the traditional workers’ compensation system, it will not necessarily require proving that another party was negligent. However, in the event you were able to file a third-party personal injury claim against someone else for your construction injury, you will have to show that the other party was negligent.
Proving negligence requires an extensive investigation and gathering evidence. Your attorney will handle this aspect of the claim on your behalf. They will gather photographs, video surveillance, statements from my witnesses, construction company safety records, training records, and more. If necessary, your attorney will work with an accident reconstruction expert who can put together the pieces and create a 3D computer model showing what likely occurred.
Work Injury Reporting Deadlines In Philadelphia
We mentioned above the importance of reporting any type of construction accident injury to a supervisor or employer. This must be done within 21 days from the day the injury occurs or from the date the individual realizes they have sustained a workplace injury or received a diagnosis related to workplace exposure illnesses. In addition to this 21-day reporting requirement, there is a three-year statute of limitations in place for workers’ compensation claims. There are times when individuals do not have to file a claim right after they report the injury, but they may file a claim if their symptoms get worse and they need care period failing to file a workers’ comp claim within three years after the incident will likely prohibit the individual from receiving benefits.
However, please understand that there are other deadlines that apply that could extend the statute of limitations, particularly if you are eligible to file a third-party personal injury lawsuit against an alleged negligent party. We encourage you to reach out to a skilled construction injury attorney as soon as possible.
Contact a Philadelphia Construction Accident Lawyer
The Philadelphia injury attorneys at Ciccarelli Law Offices are experienced in all kinds of personal injury law. If you’ve been injured in any construction accident, it’s vital to understand your rights and your employer’s obligations. If your employer fails to provide a hazard-free workplace or does not adequately address safety issues, an OSHA inspection may come too late to prevent an incident. If that happens and you are injured, reach out to a team of legal professionals that can handle every aspect of your case.
Every construction workplace accident is different, and our team has the experience and resources to explore every avenue of compensation for our clients. Get in touch with a Philadelphia construction accident attorney at our office to start reviewing your case today, or if you have any questions about construction accident lawyers in Pennsylvania.
Lee Ciccarelli is a Philadelphia construction accident lawyer and founder of Ciccarelli Law Offices. He has years of experience working with injury lawsuits and will help you get the compensation you deserve after an accident. Call our Philadelphia office today (215) 228-0100.