Suing for Damages in a Construction Site Accident
Dec. 29, 2022
The recently passed Infrastructure Investment and Jobs Act has spurred a massive construction boom in Pennsylvania and across the United States. With more than $1 trillion set aside to build and improve the country's infrastructure, many workers will be needed to execute these construction projects.
Unfortunately, these workers are often exposed to accidents and hazards while working on construction sites. Injuries can be caused by falls, machinery accidents, electrocutions, or falling objects. An experienced Pennsylvania personal injury attorney can educate you on your options when it comes to suing for damages after a construction site accident.
At Goldberg, Goldberg & Maloney, our attorneys have the diligence and experience to guide and represent clients in their construction accident cases. Our trusted legal team can fight vigorously for your rights and help you seek fair financial compensation for your injuries, lost wages, and other possible damages. We proudly serve clients across West Chester, Pennsylvania, and nearby areas.
Common Causes of Construction Site Accidents
Construction site accidents are quite common in Pennsylvania. The following are some of the more common causes:
Inadequate fall protection for construction workers on elevated platforms
Collisions with support beams
Unsafe or defective equipment
Inadequate or lack of protection for ground workers from falling objects
Unsafe conditions of the construction site or building
Poorly constructed scaffolding
Tripping hazards from debris and other construction materials
Missing protection or guards on power tools
Lack of safety precautions when working near power lines
Inadequate protection for construction site workers in trenches
A knowledgeable attorney can investigate the cause of your construction accident and determine whether you can sue for damages.
When Can You Sue for Damages for a Construction Site Injury?
However, you may be eligible to file a lawsuit against the at-fault party if the construction site injury or accident occurred due to any of these reasons:
Your employer failed to follow the necessary safety requirements.
You were injured by the construction company's negligent workers.
You were injured by defective or faulty equipment.
The property owner failed to warn you about the building's unsafe condition.
You were injured by a third party, such as a subcontractor.
If you or someone you know were injured in a construction site accident, you need to reach out to a trusted personal injury lawyer immediately. Your attorney can help identify the liable party, explore your options to seek damages, and file an injury claim or lawsuit on your behalf.
Who Can Be Held Liable?
In a construction site accident, a number of different parties or entities may be held accountable, depending on the surrounding circumstances or events leading to the incident. These include:
The property owner
The contractor or subcontractor
The construction company
The building engineer
Machine, equipment, or parts manufacturers
The city or government agency that maintains the building.
A skilled Pennsylvania construction accident lawyer can evaluate the magnitude of your injuries, help prove negligence and establish liability, and attempt to recover the maximum possible compensation for your injuries.
What if I Was Partially at Fault?
Additionally, Pennsylvania follows the modified comparative negligence rule, with a 51% bar. According to the system, a claimant's contributory negligence will not bar prevent them from recovering damages, provided that they were equally or partially (50% or less) responsible for the construction site accident or injury. However, the amount of compensation a claimant may recover will be reduced by their percentage of fault.
Under Pennsylvania's modified comparative negligence system, you will be completely barred from seeking damages if you were mostly (more than 50%) at fault for your construction site injury or accident.
Can a Family Member Sue for Wrongful Death?
However, if the construction site accident resulted in someone's death, their surviving loved ones may be eligible to pursue wrongful death claims. Under Pennsylvania law, a wrongful death claim must be filed by the personal representative or executor of the decedent's estate.
However, if the executor fails to commence legal action for wrongful death within six months of the victim's death, one of the beneficiaries may be eligible to file the wrongful death claims on behalf of others. An experienced Pennsylvania wrongful death attorney can help file your claim and recover the deserved compensation for your untimely loss.
Compassionate Advocacy: Goldberg, Goldberg & Maloney
Being involved in a construction site accident can be overwhelming, and it can also affect your physical and financial well-being. Regardless, you don't have to suffer financial liability and pain by yourself. At Goldberg, Goldberg & Maloney, our attorneys have devoted their careers to advocating for the best interests of construction site accident victims and their loved ones.
As your legal counsel, we can evaluate every aspect of your case and guide you through the often complex procedures involved in filing claims or lawsuits and seeking damages. Our dedicated team will fight compassionately for your legal rights, hold the liable party accountable, and help pursue fair financial compensation for your injuries, damages, or loss.
If you or someone you know was injured while working on a construction site, you deserve the chance to pursue compensation. Contact us at Goldberg, Goldberg & Maloney today to schedule a simple case assessment with experienced personal injury lawyers. We proudly serve clients in West Chester, Pennsylvania, and the surrounding area.