Pittsburgh Construction Accident Lawyers

Being involved in a construction accident can be a traumatic experience, and it's important to know your rights and options moving forward. At Friday & Cox LLC, our experienced attorneys are dedicated to empowering victims of construction accidents in Pittsburgh, PA and the surrounding areas.

When you choose our firm, you can expect:

• Nationally recognized legal representation: Our firm has a proven track record of success in handling construction accident cases, and our attorneys have been recognized for their expertise in this area of law.
• Workers' compensation guidance: If you've been injured on the job, you may be entitled to workers' compensation benefits. Our team can help you navigate the complex process of filing a claim and ensure you receive the benefits you deserve.
• Comprehensive support: We understand the physical, emotional, and financial toll that a construction accident can take on your life. Our lawyers will provide compassionate support and guidance throughout the legal process.

Common types of construction accidents our attorneys handle include:

• Falls from heights
• Scaffolding accidents
• Electrocutions
• Crane accidents
• Trench collapses

Local Pittsburgh Laws & Regulations

Pittsburgh follows state laws regarding workplace safety outlined by Pennsylvania's Department of Labor & Industry. Pittsburgh construction workers need to be familiar with state and local regulations to ensure their safety and legal protection on the job. Comprehending these laws can help workers uphold their rights and operate within safety guidelines effectively.

Pittsburgh also has specific zoning laws that impact construction sites, which can affect everything from scaffolding placement to noise levels. Being informed about how these regulations impact your work site is crucial. 

Workers’ Compensation for Construction Workers in Pennsylvania

In Pennsylvania, workers’ compensation provides financial assistance to workers who have been injured on the job or suffer from a work-related illness. It is a form of insurance that employers must have for their workers to provide them with protection if something happens while they are at work. Understanding the range and coverage of these benefits can help you plan the next steps in your recovery.

It is important to note that, in most cases, you cannot sue your employer for a personal injury as Pennsylvania has safeguards in place to prevent frivolous lawsuits; however, there are some exceptions to this rule. 

First, you can sue your employer if they fail to provide the legally mandated workers’ compensation insurance. The other exception is that you may sue if they intentionally commit a tort unrelated to work, such as assaulting you with equipment. This exception is more delicate and depends on contextual nuances to be successfully argued. If you suspect this has happened to you, contact us as soon as possible. 

Workers' Compensation Benefits for Pittsburgh Construction Workers

Workers’ compensation benefits are provided through workers’ compensation insurance or a state workers’ compensation fund. The Pennsylvania Department of Labor and Industry administers the workers’ compensation insurance program and the state workers’ compensation fund. Workers’ compensation insurance is provided by private insurers and is regulated by the Pennsylvania Insurance Commission.

The amount of workers’ compensation benefits a worker can receive depends on various factors such as age, occupation, type of injury or illness, and length of disability. Generally speaking, workers in Pennsylvania who are injured on the job can receive up to two-thirds of their average weekly wages up to a maximum weekly payout that changes yearly. This can last for up to 500 weeks for total disability (depending on their particular circumstances).

In addition to financial assistance, workers may be eligible for other benefits, including medical care related to workplace injury or illness and vocational rehabilitation services to help them get back into the workforce.

Understanding Your Workers' Compensation Rights

Employers must provide their employees with notice regarding workers’ compensation rights when hired, including specific details about how workers can obtain benefits if they experience an on-the-job injury or illness. An injured worker is also entitled to certain legal protections under Pennsylvania law.

These protections include the following:

• Notification requirements
• Timelines for filing claims
• Appeals process
• Penalties imposed against employers who fail to carry workers’ compensation coverage
• Penalties imposed against employers who retaliate against injured workers who file claims

Third-Party Lawsuits in Construction Accidents

When a construction worker is injured on the job, their primary source of compensation is usually workers' compensation. In exchange for these benefits, workers typically cannot sue their employers for additional damages.

In some cases, however, an injured worker can pursue a third-party claim if someone other than their employer contributed to the accident. Third-party claims allow the injured worker to seek additional compensation, which can cover a broader range of damages than workers' compensation, including pain and suffering.

Common types of third parties include:

• Subcontractors: If a subcontractor's negligence leads to an accident, they can be held liable.
• Property Owners: Property owners may be liable if unsafe conditions on their property contribute to an accident.
• Equipment Manufacturers: Manufacturers can be held responsible if defective machinery or equipment causes an injury.
• Architects and Engineers: Design professionals may be liable if their plans or oversight contributed to unsafe conditions.

Evidence Needed to Win a Construction Accident Lawsuit

Winning a construction accident claim requires substantial evidence to demonstrate the cause of the accident, the extent of the injuries, and the liability of the responsible parties. Here are the common types of evidence needed:

• Accident Reports: Accident reports, including incident reports filed by supervisors and OSHA reports, provide initial details about the accident and any cited safety violations. These reports are crucial for establishing the circumstances of the accident.
• Medical Records: Medical records, such as emergency room records, doctor's reports, and medical bills, document the diagnosis, treatment, and costs associated with the injuries. These records are essential for demonstrating the extent and impact of the injuries.
• Witness Statements: Witness statements from coworkers and other individuals present at the scene offer firsthand accounts of the accident. These testimonies can provide valuable insights into how the accident occurred.
• Photographs and Videos: Photographs and videos of the accident scene and injuries can visually depict the conditions and harm suffered. Surveillance footage can capture the accident as it happened, providing critical evidence.
• Expert Testimonies: Expert testimonies from medical professionals, safety experts, and accident reconstructionists can help explain the severity of the injuries, safety violations, and how the accident occurred. These experts provide authoritative opinions that support the claim.
• Employment and Wage Records: Employment and wage records, including pay stubs and tax returns, help calculate lost wages and demonstrate the financial impact of the injury. These records show the worker's earnings before the accident.
• Construction Site Records: Site plans, blueprints, safety inspection reports, and equipment maintenance logs provide insights into the construction site's conditions and potential hazards. These documents can highlight safety issues that contributed to the accident.
•  Personal Documentation: Personal documentation, such as diary entries and correspondence, provides a personal account of the injury's impact on daily life. These records offer a subjective perspective on pain levels and daily challenges.
• Financial Documentation: Financial documentation, including receipts and bank statements, shows the expenses incurred due to the injury and the impact of lost wages on the worker's finances. This evidence supports claims for compensation beyond medical bills.
• Regulatory and Compliance Documents: Regulatory and compliance documents, such as permits, licenses, and violation notices, demonstrate whether the construction site met legal standards. These documents can reveal any non-compliance that contributed to the accident.

Time Limits for Filing a Construction Accident Lawsuit

Negotiating a Construction Accident Settlement: What to Expect

Construction accidents can lead to significant physical, emotional, and financial burdens. If you’ve been injured in a construction accident, negotiating a settlement can provide crucial compensation to help you recover. Here’s what to expect during the negotiation process and how to prepare effectively. 

What to Expect

• Initial Investigation and Documentation: After a construction accident, a thorough investigation is conducted to gather evidence. This includes accident reports, medical records, witness statements, and photographs of the accident scene and injuries. Ensuring all relevant documentation is collected is crucial for building a strong case.
• Liability Determination: Determining who is liable is a critical step. In construction accidents, multiple parties such as subcontractors, property owners, and equipment manufacturers might be responsible. Establishing liability often involves reviewing safety records, maintenance logs, and compliance with safety regulations.
• Calculating Damages: Damages include medical expenses, lost wages, and non-economic damages like pain and suffering. Accurate calculation of these damages is essential. Medical bills, employment records, and personal documentation of pain levels and daily struggles play a significant role in this process.
• Negotiation Process: Negotiations typically begin with a demand letter outlining the details of the accident, the extent of the injuries, and the compensation sought. The other party, usually represented by an insurance company, will respond with a counteroffer. This back-and-forth negotiation aims to reach a fair settlement amount.

How to Prepare

• Gather Evidence: Collect all necessary evidence, including accident reports, medical records, witness statements, and photographs. Ensure this documentation is comprehensive and well-organized, as it forms the foundation of your case.
• Consult an Attorney: Engage a lawyer experienced in construction accident claims. An attorney can help navigate the complexities of the legal process, negotiate with insurance companies, and ensure your rights are protected.
• Understand Your Damages: Work with your attorney to understand the full scope of your damages. This includes immediate medical expenses and long-term costs like ongoing medical care, rehabilitation, and lost earning potential.
• Be Patient and Persistent: Settlement negotiations can take time. Be prepared for a potentially lengthy process and remain patient. Persistence is key to ensuring you receive fair compensation.
• Stay Informed and Involved: Stay informed about the progress of your case and actively participate in the negotiation process. Regular communication with your attorney and understanding each step can help you feel more in control and prepared.

Common Mistakes to Avoid When Filing a Construction Accident Lawsuit

Filing a construction accident lawsuit can be complex and challenging, as it often involves multiple parties, specific legal requirements, and various forms of evidence. Avoiding common mistakes can be crucial to securing the compensation you need. 

Here are some key mistakes to watch out for:

• Not Seeking Immediate Medical Attention: One of the biggest mistakes is not getting prompt medical attention. Waiting too long to see a doctor after an accident can jeopardize your health and weaken your case. Insurance companies may argue that your injuries were not serious or that they occurred elsewhere if you delay treatment.
• Failing to Report the Accident: Reporting the accident to your employer is essential. Construction sites are heavily regulated, and documentation of incidents is often required. Failing to report the accident could result in losing potential workers’ compensation benefits and weaken your lawsuit if you pursue a claim against third parties.
• Not Preserving Evidence: Evidence is critical in any construction accident case, but it can quickly be lost if not preserved immediately. This includes taking photographs of the accident scene, your injuries, equipment involved, and anything else that may support your claim. Witness testimonies, safety reports, and medical records are also essential.
• Attempting to Handle the Claim Without Legal Representation: Construction accident cases often involve multiple parties, such as contractors, property owners, and equipment manufacturers. Handling these claims without an experienced attorney may put you at a disadvantage, as you may not fully understand the legal complexities and could settle for less than you deserve.
• Missing Deadlines: Different states have specific statutes of limitations for personal injury claims. Missing these deadlines can prevent you from filing a lawsuit altogether. An attorney can ensure that all paperwork is submitted on time and according to legal guidelines.
• Accepting the First Settlement Offer: Insurance companies may try to settle quickly and for as little as possible. Accepting the first offer can be tempting, but it is rarely enough to cover medical bills, lost wages, and long-term care if your injuries are severe. Consult with your attorney before agreeing to any settlement to ensure it meets your needs.
• Not Considering All Potential Liable Parties: Construction sites often involve multiple parties. Failing to identify all possible liable parties—such as subcontractors, equipment manufacturers, or property owners—could limit your compensation. An attorney can help you determine who might be responsible for your injuries.
• Neglecting Long-Term Impact of Injuries: Some injuries may result in long-term or even permanent disabilities. If you settle too soon or do not take future medical expenses, rehabilitation, or lost earning potential into account, you may struggle financially in the future. Working with medical professionals and financial experts can help you understand the full impact of your injuries.
• Failing to Follow Medical Advice: Ignoring medical advice or missing follow-up appointments can harm your case. Insurance companies or defense attorneys may argue that you are not as injured as you claim. Following your doctor’s instructions and documenting your medical journey can strengthen your case.
• Posting About Your Case on Social Media: Sharing information about your accident or lawsuit on social media can damage your claim. Insurance adjusters and opposing counsel may monitor your social media accounts to find information they can use to dispute your claim. Avoid discussing the case or posting photos that could be misinterpreted.

Finding the Right Construction Accident Lawyer

When looking for the right construction accident lawyer, you must find someone with specific expertise in construction injury law, a track record of successful claims, and a commitment to helping injured workers secure fair compensation. Here's a guide to finding the right construction accident lawyer:

• Choose a Lawyer with Construction Accident Experience: Construction accident claims can be complex, involving regulations, third-party liability, and workers' compensation. Seek an attorney with experience handling construction injury cases, as they’ll understand relevant laws, OSHA regulations, and industry-specific nuances.
• Review Their Track Record: Look into the lawyer’s past case results, especially with construction injury cases. High settlements, favorable verdicts, and experience with similar injury claims can indicate a lawyer’s capability to handle your case successfully.
• Consider their Knowledge of Local and Federal Regulations: A construction accident lawyer should be well-versed in both local and federal construction laws. They should understand OSHA standards and other safety regulations and be able to leverage this knowledge to strengthen your case.
• Evaluate Communication and Transparency: Good communication is key to a successful attorney-client relationship. Your lawyer should be transparent about your case, including potential outcomes, legal fees, and timelines, and should be accessible to answer your questions.
• Look for a Contingency-Based Fee Structure: Many construction accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This can reduce your financial stress and ensures that your attorney is motivated to achieve the best possible outcome.
• Check for Resources and Legal Team Support: Construction accident claims often require extensive resources, such as accident reconstruction, expert witnesses, and detailed investigations. A law firm with ample resources and a strong support team can effectively handle the complex aspects of your case.
• Seek Recommendations and Read Reviews: Ask for recommendations from coworkers, friends, or family who may have experience with a construction accident lawyer. Online reviews and testimonials can also provide insight into others’ experiences and the lawyer’s reputation.

If you or a loved one has been injured in a construction accident, don't hesitate to contact us for reliable representation in Western Pennsylvania. We offer a free consultation to discuss your case and determine the best course of action.