Western Pennsylvania Construction Accident Lawyer

In Pennsylvania, most construction workers are covered by workers’ compensation. This means that you are likely entitled to medical benefits, wage replacement benefits, and other workers’ compensation benefits if you suffered any type of work-related injury, illness, or medical condition. However, workers’ compensation is limited and does not always cover the full costs associated with your injury. Additionally, workers’ compensation does not provide any coverage for non-economic damages, such as pain and suffering.

At Luxenberg Garbett Kelly & George, we recognize that construction accidents don’t just lead to significant financial hardships; they also have far-reaching physical, mental, and emotional implications. This can make it incredibly difficult to get back on your feet and move forward with your life.

Our New Castle construction accident lawyers understand the importance of securing a fair settlement or verdict, one that covers all your accident-related costs and provides the necessary monetary resources you need to heal. We prioritize attorney-client relationships and will take the time to truly get to know you, your story, and the impact your injuries have had on your life. Our team genuinely cares about you and your family, and we are ready to guide you through the entire legal process.

For compassionate legal assistance and dedicated advocacy, schedule a free consultation today. We can fight for your rights while you focus on what matters most.

Call (724) 658-8535 to speak with one of our top-rated Western Pennsylvania attorneys.

Determining liability and negligence in construction accident cases involves identifying the parties responsible for maintaining safety on a construction site and assessing whether their actions—or lack of action—contributed to the accident. Under Pennsylvania injury laws, liability often depends on the specific circumstances of the incident and the roles of various entities involved in the construction project. This process is critical for pursuing compensation and holding negligent parties accountable.

What is Negligence in Construction Accidents?

Negligence occurs when an individual or entity fails to uphold their duty of care, resulting in harm to another person. In construction accident cases, negligence can take many forms, such as failing to follow safety protocols, ignoring hazardous conditions, or using defective equipment.

To establish negligence, the following elements typically need to be proven:

• Duty of Care: The responsible party had a legal obligation to provide a safe working environment or take reasonable precautions to prevent harm.
• Breach of Duty: The party failed to fulfill this duty through careless actions or omissions.
• Causation: The breach of duty directly caused the accident and resulting injuries.
• Damages: The injured worker suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.

By demonstrating these elements, an injured worker can build a strong case for holding the negligent party accountable.

Identifying Liable Parties

Liability in construction accident cases often involves multiple parties, depending on their roles and responsibilities at the site.

Commonly liable parties include:

• Employers: Employers have a duty to provide a safe workplace, comply with OSHA regulations, and supply appropriate safety training and equipment. If an employer’s failure to meet these obligations contributes to an accident, they may be held liable under workers’ compensation laws or other legal theories.
• General Contractors and Subcontractors: General contractors and subcontractors are responsible for managing worksite safety. If their negligence in supervising workers or addressing hazards leads to an accident, they may share liability.
• Property Owners: Property owners who fail to maintain safe conditions on the construction site may be held liable for accidents caused by their negligence.
• Equipment Manufacturers: If defective machinery or tools cause an accident, manufacturers may be held responsible under product liability laws. This includes cases where equipment was improperly designed, manufactured, or labeled.

How Fault Is Determined

Establishing liability often involves a thorough investigation of the accident, including:

• Reviewing safety records and OSHA compliance reports.
• Examining the condition of the equipment, tools, and worksite.
• Interviewing witnesses and analyzing their accounts of the incident.
• Consulting with safety and engineering professionals to assess whether proper protocols were followed.

Pennsylvania follows a modified comparative negligence rule, meaning an injured worker can recover compensation as long as they are not more than 50% at fault for the accident. However, their compensation may be reduced in proportion to their degree of fault.

The Role of Negligence in Workers’ Compensation vs. Personal Injury Claims

In Pennsylvania, workers’ compensation operates as a no-fault system, meaning negligence does not need to be proven to receive benefits. However, if a third party (such as a contractor or equipment manufacturer) is involved, a personal injury lawsuit may be filed, requiring proof of negligence. Unlike workers’ compensation, personal injury claims allow injured workers to recover additional damages, such as pain and suffering or full lost wages.

Determining liability and negligence in construction accident cases is crucial for holding the responsible parties accountable and securing fair compensation. If you or a loved one has been injured in a construction accident in Western Pennsylvania, the attorneys at Luxenberg Garbett Kelly & George P.C. are here to help. We have the knowledge and resources to investigate your case, identify liable parties, and build a strong claim on your behalf. Contact us today for a consultation and let us help you pursue the justice you deserve.

After a construction accident in Pennsylvania, injured workers typically have two main avenues for seeking compensation: workers’ compensation claims and third-party personal injury lawsuits. 

Workers’ Compensation

Workers’ compensation is a no-fault system that provides benefits to injured workers regardless of who caused the accident.

Employers in Pennsylvania are required to carry workers’ compensation insurance, which provides the following benefits:

• Medical Expenses: Covers all necessary treatments related to the work injury, including hospital bills, surgeries, medications, and physical therapy.
• Wage Loss Benefits: Provides about two-thirds of the worker’s average weekly wage during recovery, with caps. Benefits may include temporary total disability (if unable to work) or partial disability (if working at reduced capacity).
• Specific Loss Benefits: Offers set payments for permanent injuries like amputations or loss of vision/hearing.
• Death Benefits: Provides dependents of workers killed on the job with wage replacement and funeral expense coverage.

While workers’ compensation benefits are accessible without proving negligence, they are limited. Workers cannot sue their employer for additional damages, such as pain and suffering, and wage loss benefits often fall short of covering the full financial impact of serious injuries.

Third-Party Personal Injury Lawsuits

In cases where a third party (beyond the employer) contributed to the accident, injured workers can file a personal injury lawsuit. Common third-party defendants include subcontractors, equipment manufacturers, property owners, or other parties working on the site.

Key differences from workers’ compensation include:

• Proving Negligence: In a third-party claim, workers must prove that the third party acted negligently and caused the accident.
• Broader Damages: Third-party lawsuits allow for recovery of pain and suffering, full lost wages, mental anguish, scarring, and other non-economic damages that workers’ comp doesn’t cover.

For instance, if a scaffold collapses due to faulty construction by a subcontractor or a defect in the scaffolding itself, the injured worker could file a third-party claim. This claim could seek additional damages beyond what workers’ comp provides, such as compensation for pain, emotional distress, and loss of enjoyment of life.

Product Liability Claims

If defective equipment caused the injury, a product liability lawsuit can be pursued against the manufacturer or supplier. Product liability claims often involve unsafe machinery, power tools lacking proper safeguards, or defective safety gear. Pennsylvania law allows workers to hold manufacturers accountable since they are not protected by workers’ comp immunity. These claims can run alongside workers’ compensation, and damages may include medical expenses, lost income, and pain and suffering.

Wrongful Death Claims

If a construction worker dies in an accident, the family may pursue:

1. Workers’ Compensation Death Benefits: Covers funeral expenses and partial wage replacement for dependents.
2. Wrongful Death Lawsuit: Filed against third parties responsible for the accident to recover additional damages, such as lost future earnings, loss of companionship, and emotional support. Pennsylvania’s wrongful death statute permits the worker’s estate to bring these claims for the benefit of surviving family members.

Workers’ compensation provides essential support but may not fully address the financial and emotional impact of a construction accident, particularly in serious injury or wrongful death cases. Third-party lawsuits, including product liability claims, offer an opportunity for additional compensation. Pursuing both routes simultaneously can maximize recovery, but this requires coordination to avoid complications such as workers’ comp liens. Families affected by a tragic loss can also pursue wrongful death claims for broader damages.

Victims of construction accidents often face steep financial challenges: medical bills start piling up, paychecks stop if you can’t work, and you may need long-term care. A key part of our work is to calculate the full extent of your damages and pursue compensation to cover them.

Depending on the case, you may recover:

• Medical Expenses: This includes all hospital and treatment bills related to the accident. Emergency room care, surgery, doctor visits, medication, physical therapy, rehabilitation programs, medical devices (wheelchairs, prosthetics), and future medical costs anticipated for ongoing care. In serious injury cases, future medical needs can be significant. We often work with medical experts to project these costs so they can be included in a settlement or award.
• Lost Wages and Reduced Earning Capacity: If your injuries force you out of work temporarily or permanently, you can claim the income you lost. For shorter-term injuries, this is the work wages or salary you didn’t earn during recovery. For long-term or permanent disabilities, we calculate lost future earnings – the money you would have likely earned over your career if not for the injury. 
• Pain and Suffering: These are non-economic damages intended to compensate you for the physical pain, discomfort, and emotional distress caused by the accident and your injuries. Construction injuries can involve excruciating pain, lengthy painful rehab, and significant emotional trauma. While no money truly makes up for suffering, our civil justice system acknowledges it by allowing monetary recovery. 
• Disability and Disfigurement: If the injury leaves you with a permanent disability, loss of limb, or significant disfigurement (scarring, burns, etc.), you may receive additional compensation for the loss of quality of life and how this disability/disfigurement affects you day-to-day. Being unable to walk, or losing an arm, or having severe scars can impact your ability to enjoy hobbies, care for yourself, and interact with others. 
• Loss of Consortium: If you are married, your spouse may have a claim for loss of consortium, which means the loss of the injured person’s companionship, affection, and marital relationship due to the accident.
• Property Damage: While not common in worker injury cases, any personal property loss from the accident can be claimed. For example, if you were a contractor and your expensive tools were destroyed in a trench collapse, or a personal vehicle was damaged by a construction vehicle, those property damages can be included.
• Punitive Damages: In cases of egregious negligence or willful misconduct, punitive damages might be awarded to punish the wrongdoer. For instance, if a contractor knowingly removed safety devices or falsified inspection reports leading to an accident, a jury could award punitive damages. These are not available in every case – they require a showing of more than ordinary negligence (something close to reckless or intentional behavior). While rare in construction cases, our team can pursue punitive damages if the facts support it, as they can significantly increase the compensation and send a message about safety.

Every case is unique, and part of our role is to identify all the losses you have suffered. We often consult with economists and life care planners for catastrophic injury cases to ensure future costs and losses are fully valued. When we enter settlement negotiations or trial, we come prepared with a detailed accounting of your damages, backed by documentation and expert analysis. Our goal is to secure the maximum compensation available so that you and your family are financially secure moving forward.