Get Help From A Pennsylvania Construction Accident Lawyer

Getting the help you need after suffering from a construction accident can be difficult. You may feel lost and unsure of what you can do about your situation.

Here at Bellwoar Kelly, LLP, we believe that everyone who has suffered injuries after a construction accident should have the chance to explore their legal options. You should feel safe knowing that our Pennsylvania construction accident lawyers will do everything in their power to help you recover from your burden. We help clients who suffered injuries in Chester County, Montgomery County and Delaware County.

Getting The Help You Need

A lot of construction accident settlement offers are well below what a victim should receive. We don’t want you to feel pressured to take a settlement that you are not comfortable with. A settlement should do more than just pay your medical bills and lost wages. Your injuries may last for a long time, and you should not have to worry that a settlement is not enough to cover your costs in the future. We can help you argue for a larger settlement than what you are being offered.

We also help family members of victims who were fatally injured in a construction accident. Our attorneys want to see justice for your loss and can do more than fight for a settlement.

Understanding Construction Accidents In Pennsylvania

Pennsylvania construction accidents can lead to severe injuries, long-term disabilities or even fatalities. Some of the common types of accidents include:

• Falls from heights: Workers frequently suffer injuries from falling off scaffolding, ladders, roofs or cranes, leading to fractures, spinal cord damage and traumatic brain injuries.
• Scaffolding and trench collapses: A sudden collapse can bury workers under heavy debris, resulting in suffocation, crush injuries, amputations or fatalities.
• Electrocutions: Exposed wiring, faulty machinery and improper grounding can cause electrical shocks, severe burns and fatal electrocutions.
• Struck-by accidents: Falling tools, equipment and building materials can lead to head trauma, broken bones and internal injuries.
• Caught-in/between accidents: Workers can become trapped in heavy machinery or between structures, causing devastating crush injuries or amputations.
• Defective equipment and safety gear: Faulty harnesses, hard hats and machinery can fail to protect workers, increasing the risk of severe injuries.
• Repetitive stress injuries: Continuous lifting, drilling and hammering can lead to chronic pain and long-term musculoskeletal disorders.

Pennsylvania construction workers are protected under workers’ compensation laws, which provide benefits regardless of fault. However, workers’ comp may not fully cover all damages.

In cases involving third-party negligence, such as defective equipment, unsafe premises or subcontractor negligence, injured workers may pursue personal injury lawsuits for additional compensation.

The Role Of A Construction Accident Lawyer

A construction accident lawyer is essential in navigating complex injury claims. An experienced lawyer protects the injured worker’s rights, maximizes financial recovery and helps ensure compliance with Pennsylvania laws. A lawyer can help secure compensation by:

• Identifying all liable parties (employers, manufacturers, subcontractors)
• Collecting evidence to build a strong claim
• Negotiating with insurance companies for a fair settlement
• Filing lawsuits when necessary to pursue additional compensation

Without legal representation, workers may settle for inadequate compensation. Additionally, insurance companies often attempt to minimize payouts, and employers may dispute claims.

Proving Liability In Construction Accident Cases

To secure compensation, the injured worker must prove fault and negligence. Establishing liability requires strong evidence and legal strategy.

To determine fault and negligence, an attorney must answer the following questions:

• Was the employer or contractor negligent in enforcing safety measures?
• Did a third party (manufacturer, subcontractor) contribute to the accident?
• Were OSHA regulations violated?

In addition, they may need to gather evidence such as:

• Accident scene photographs and videos
• Witness testimonies from co-workers
• OSHA violation reports and employer records
• Medical records linking injuries to the accident

Proving liability can be complex but with the right legal guidance, injured workers can strengthen their case and increase their chances of receiving fair compensation.

The Legal Process For Construction Accident Claims

A construction accident claim involves multiple legal steps. Understanding the process helps injured workers prepare for their case. They include:

• Reporting the injury: Notify the employer immediately (within 21 days) to help ensure eligibility for workers’ compensation.
• Seeking medical treatment: Obtain medical care, and maintain detailed records of diagnoses and treatments.
• Filing a workers’ compensation claim: In Pennsylvania, claims must be filed within three years of the accident.
• Investigating third-party liability: If negligence from a subcontractor, equipment manufacturer or other entity is involved, a personal injury lawsuit may be filed.
• Negotiating a settlement or going to trial: A lawyer negotiates with insurers, and if a fair settlement isn’t reached, the case may proceed to court.

Our attorney can help you understand these legal procedures so that you take the right steps toward securing fair compensation.

We Handle Accident Claims All Across Pennsylvania

No construction injury is too small for our Pennsylvania construction accident lawyers. We want to help you get a fair settlement if you suffered injuries from:

• Falling from a great height: Falls from elevated structures such as scaffolding, ladders or roofs can cause life-altering injuries, including traumatic brain injuries (TBIs), spinal cord damage, broken bones and internal bleeding.
• Buried under collapsed scaffolding or trench: Structural failures can lead to workers being crushed under heavy debris, resulting in broken bones, amputations, organ damage or fatal suffocation.
• Shock or burn from equipment, generators or electrical wires: Exposed electrical components, faulty wiring and malfunctioning equipment can cause severe electrical burns, nerve damage, cardiac arrest or secondary injuries from falls triggered by electric shocks.
• Faulty protective gear: Defective hard hats, gloves or safety glasses expose workers to severe head trauma, hand lacerations and vision loss. Employers and manufacturers must be held accountable for inadequate safety equipment.
• Repetitive motion injuries: Continuous strain from lifting, drilling or hammering can lead to chronic pain, nerve compression and long-term musculoskeletal disorders that limit a worker’s mobility and earning potential.

It hurts us to see our clients suffering from severe head and spine injuries, cuts, bruises and burns that have left them with permanent disabilities.

Why Are Construction Accidents So Common?

It is plain to see that construction is inherently more dangerous than most other types of work. However, some of the risks are controllable with proper planning and implementation of safety measures. Unfortunately, these are often ignored or overlooked. Some preventable causes and contributing factors to construction accidents include:

• Lack of proper safety training: Workers may not be adequately trained in safety protocols or the use of equipment.
• Inadequate safety equipment: Absence of personal protective equipment (PPE) like helmets, gloves or harnesses can result in injuries.
• Poor site management: Ineffective coordination and supervision can lead to unsafe conditions.
• Defective equipment: Malfunctioning or poorly maintained machinery can cause accidents.
• Ignoring safety regulations: Failure to adhere to safety standards and regulations can increase risk.
• Time pressures and deadlines: Rushed work to meet deadlines can lead to oversight and accidents.
• Inadequate risk assessment: Injuries can result when employers fail to identify and mitigate potential hazards on site.
• Environmental conditions: Adverse weather conditions can affect safety and visibility.
• Fatigue and overexertion: Long working hours can lead to tiredness and reduced alertness.
• Communication breakdowns: Miscommunication among workers can result in accidents.

In Pennsylvania, the workers’ compensation system is designed to support you without the need to prove who was at fault for the accident. This means you don’t need to demonstrate that someone else was responsible for your injury, nor do you have to prove that you were not at fault yourself. This no-fault system is intended to ensure that you receive the benefits you need to recover and return to work.

Seeking Additional Compensation In A Third-Party Liability Claim

There is a trade-off to the no-fault system: Pennsylvania workers’ compensation laws typically prohibit workers from suing their employer even when the employer’s negligence caused the accident. However, if someone other than your employer (or a coworker of the same employer) is responsible for your injury, you may have the option to file a third-party liability claim.

This type of claim arises when a person or company, separate from your employer, is responsible for your accident. For example, if a piece of equipment malfunctions due to a manufacturer’s defect, or if a subcontractor’s negligence causes an unsafe condition, you might have grounds to take legal action against these third parties.

Pursuing a third-party liability claim can be beneficial because it allows you to seek additional compensation beyond what workers’ compensation provides. This can include damages for pain and suffering, which workers’ compensation does not cover. Moreover, it can help address any financial gaps left by workers’ compensation benefits, such as full wage replacement or additional medical expenses.

Because our attorneys offer experienced representation in both workers’ compensation and personal injury law, our firm is ideally positioned to help you with all legal matters related to your construction accident. Our lawyers will work tirelessly to help you maximize your available compensation.

Learn More About Your Legal Rights With A Free Consultation

The attorneys at our West Chester, Kennett Square and Pottstown offices understand just how hard it is for people to recover from construction accidents, so we want to put you first. We offer free initial consultations and contingency fee representation. You can call us today at 610-314-7066 or start with an online contact form for free.