If an employer offers a workers’ compensation benefits program for employees, then they are generally protected from personal injury lawsuits from their workers. The one exception may be if the employer had been reckless or negligent, which led to the worker suffering an injury. In some cases, a claim can be brought against a third party depending on the circumstances of the incident. Since cases of construction site accidents can get complicated very quickly, it is recommended that the injured worker seeks the advice of a construction accident lawyer in Philadelphia, Pennsylvania.
One of the main questions an injured construction worker may have is who should be held liable for the accident. There are a few different parties that may be accountable for what happened:
#1 General, Prime, and Subcontractors
General, prime, and subcontractors have a responsibility to maintain a reasonably safe area for construction workers to do their job. Warnings must be posted in areas with hazards or increased risks, along with ensuring safety regulations are being followed. Prime contractors are only responsible for the tasks as listed in their contract, or which have been delegated to their exclusive subcontractors. If an injury occurs, the worker may be able to seek compensation from the general, prime, or subcontractor for their losses. A Philadelphia PA construction accident lawyer will be able to determine who the responsible party (or parties) is.
#2 Construction Site/Property Owner
The owner of the area being worked on by the construction workers may be held liable for injuries that occurred on the site or property. The degree of liability can be based on how much control this person had over the premises, and whether he or she had a role in overseeing how the work was being conducted.
#3 Architects and Engineers
During the progress of a construction project, architects and engineers must fulfill a duty to ensure there is compliance with code regulations and plans. To help narrow down which party may be held responsible for the worker’s injury, it must be figured out what tasks were outlined in the contracts with the construction company. If there is a failure on their part, a Philadelphia PA construction accident lawyer can help you obtain financial compensation.
#4 Product Manufacturers
When a product is created and ends up being defective which leads to an injury, the retailer, wholesaler, or manufacturer may be held accountable for the incident. It can be very difficult for the average person to investigate further and identify at which stage of the product creation an error occurred, without assistance from a personal injury lawyer Philadelphia PA clients rely on.
Q: What should I do after the construction accident happens?
A: If a construction worker is injured while on the job, he or she must get medical attention right away, report the incident to a supervisor/manager, get statements from witnesses who saw it happen, take photographs of the scene and injuries and then contact a construction accident lawyer Philadelphia PA workers recommend from Wieand Law Firm for protection.
Sadly, very serious accidents that cause the company a substantial amount of money, may motivate an employer to retaliate against or hinder the worker from receiving workers compensation benefits. By obtaining legal representation, it can help protect a worker from being wrongfully terminated or suffering retaliation.