Despite the construction industry experiencing advances in technology for safety equipment, it remains one of the most dangerous sectors. For example, the industry contributes to 20% of the worker deaths in the US despite making only 6% of the US labor force. The industry also has the fourth-highest rate of fatal injuries to workers (9.7 for every 100,000). While these figures show the whole industry has a long way to achieve desired safety standards, it also brings to the fore the role of a construction accident attorney. That’s because it is highly likely that you or your loved one in the industry may be a victim of a construction accident.
In the event of such an unfortunate accident, there is a need to establish the party or parties responsible for the accident and the laws applicable to your claim. Much of the process involves investigating the medical records, witness statements, and construction site, among other things. Only a construction accident attorney has the knowledge and skills as well as resources to do all these.
Types of construction accident claims
- Personal injury: the worker must prove a third party was negligent, and as a result of the negligence, they incurred the injury.
- Worker’s compensation: workers are entitled to the benefits of workers’ compensation insurance and need only to prove that an injury happened regardless of other circumstances.
- Product liability: if a defective product causes the worker’s injury, say a ladder or cutting tool, the injured worker can file a suit against any party involved in the chain of distribution of the product.
- Wrongful death: if a certain worker gets killed while in a construction accident, their family can bring a wrongful death claim on their behalf. In other cases, several of these claims could be filed simultaneously.
Parties who can be liable for construction accident injuries
- Owners of construction sites: this is largely dependent on the degree of control the owner has over the premises.
- General contractors and sub-contractors: these are responsible for providing their workers with a safe construction site. They should warn them of any hazards on the site and the inherent dangers of the job itself. Should an injury occur and they are found to have failed in the safety regulations responsibilities, they can be liable for injury claims.
- Prime contractors are responsible for work covered by their contract or work delegated to subcontractors if they retain exclusive responsibility for such subcontractors.
- Chain distribution parties: these include manufacturers, wholesalers, and retailers who can be liable should a defect in their product cause an accident.
- Engineers and architects can become liable if they did not perform their duty to ensure compliance with the plan and relevant code regulations, resulting in an accident. Their liability depends on the duties assigned to them by the construction company.
Why do you need a construction accident attorney in York PA?
They understand your work environment and your job. A construction attorney is very familiar with construction sites and your job and the risk around them. This knowledge allows them to quickly know where regulations were not followed and establish where negligence or carelessness led to an accident.
They know the right experts.
Most of the cases around construction accidents require expert witnesses to establish proof of negligence and liability and the cost of compensation. Expert witnesses can help determine your current and future medical costs as well as the impact an accident has had on your earning ability. Such information helps guide the determination of the compensation you get.
They understand Pennsylvania labor and personal injury laws.
A construction accident attorney is well informed and knowledgeable on all personal injury laws and workplace regulations. He can identify regulations that were not followed and the party(s) to blame for your accident.
Your workers’ compensation can only cover so much, and it does not come close to what you will need should you be a victim of a construction accident due to the fault of someone else’s. By filing a third-party claim, a construction attorney can help you recover;
- Medical costs, including counseling and other physical therapy
- Loss of wages
- Expenses related to living
- Pain and suffering
- Loss of consortium for families of victims who died from the accidents
- Property damage
A construction accident can have devastating effects on your physical and mental health and ability to maintain your upkeep. You do not have to suffer for someone else’s negligence. Contact us today at Stambaugh Law, and we will find the responsible party and hold them accountable as you recover from your injuries.