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Four Avenues for Recovery in a Construction Site Accident Lawsuit

If you’ve been injured in a construction site accident, then you may be entitled to damages and/or benefits as compensation for your losses.  Recovery is not always straightforward, however, particularly as construction lawsuits may require a comprehensive evaluation and the subsequent pursuit of multiple different pathways for compensation.

As it’s not always possible for inexperienced accident victims to accurately determine whether they have an actionable claim under the law, we encourage potential claimants to work with a skilled Lancaster workplace injury lawyer as soon as possible to learn more about their legal rights and options under the law.

Let’s explore the different avenues for recovery.

Workers’ Compensation

Workers’ compensation laws in Pennsylvania entitle construction workers who are actually in employer-employee relationships (not independent contractor relationships) to file a claim for benefits and receive compensation for their injuries.  It’s worth noting that these benefits do not cover non-economic losses, such as pain and suffering.  As such, the compensation tends to be substantially lower than what would be available through a traditional lawsuit.

Suing the Employer

Though workers’ compensation regulations prevent injured workers from bringing a lawsuit against their employer for injuries caused by mere negligence, reckless and intentional misconduct can give rise to an actionable claim (thus overcoming the workers’ compensation barrier to a lawsuit).  Whether you can sue the employer directly therefore depends quite a bit on the circumstances of your case.  If you can show that the employer was grossly negligent or intentionally caused you to suffer injuries (perhaps they intentionally cut corners on the maintenance of equipment in order to save some extra money, violating construction industry regulations), then you will be able to sue and recover against the employer.

Suing a Manufacturer

Many construction site accidents occur due to product defects — design, manufacturing, or a failure to warn of inherent dangers.  If, say, a ladder collapses due to a design defect, then you may be entitled to directly sue and recover damages from the ladder manufacturer, giving you an avenue for compensation that might not have existed otherwise.

Suing a Third-Party Individual or Company

On any given construction site, there are often other workers who are not employees of the same company — third-party subcontractors, delivery workers, etc.  If these third-parties played a role in causing your injuries, then you may have an actionable lawsuit against said defendants entitling you to damages in proportion to their contribution of fault.

For example, if a third-party delivery driver accidentally hits and injures you while turning into the construction site, then you might have an actionable claim against that driver and their employer.

Let a Lancaster Workplace Injury Lawyer Help You Today

Contact a knowledgeable Lancaster workplace injury lawyer today to discuss your legal rights and options.