While injured construction workers receive workers’ compensation payments to cover medical treatment and lost wages, these payments are rarely enough. For this reason, many injured workers look for other options to help them make ends meet and recover compensation for their injuries. Workers who receive workers’ compensation cannot file against their employers; in this case, a third-party construction accident claim is generally the best way to recover the compensation you need.
The Bucks County construction accident attorneys at Cordisco & Saile, LLC can help you determine what options you have for recovery after a Philadelphia, Bucks County, or New Jersey construction accident. Call us today at 215-642-2335 to get started.
Can I file a claim against a negligent third-party who caused my injuries?
Many construction accidents occur because of a negligent third-party — not you or your employer. When this happens, you can usually file a claim against this third party. A third-party can cause a construction accident in a number of ways, leading to claims based on product liability, personal injury law, or a slip and fall claim.
One common example occurs when a worker is driving materials to a worksite and another motorist hits him/her, causing serious injuries. The worker may be able to file a claim against the negligent motorist to recover any additional accident expenses, as well as pain and suffering.
A worker might also be able to hold a manufacturer liable under product liability laws if s/he suffered an injury from a defective or dangerous product.
In some cases, a contractor from a different firm might be liable. This can be true in an injury caused by a fall from scaffolding, a tool used incorrectly, or falling debris.
The property owner can be liable if there was a hidden hazard that caused the injury.
An engineer can be liable if some kind of structural failure brought on the injury.
Some of these claims allow you to rely on strict liability, meaning that you do not have to prove negligence. For example, in a product defect claim you only need to provide evidence to show the product had a manufacturing defect and that this defect caused your injuries while you were using it correctly. You do not have to prove how the defect occurred during the manufacturing process.
Other claims, such as slip and fall, car accident, and other personal injury claims, require that you prove negligence.
If you believe a third party might be responsible for your injuries, it pays to discuss your case with our Pennsylvania construction accident lawyers as soon as possible. We can identify the liable parties and file the appropriate claims before the statute of limitations runs out.
While we can help you put an approximate value on your claim and work to negotiate a fair and just settlement, some factors could prevent you from receiving the full value of your claim.
Any role you played in causing your own injuries will reduce the amount of compensation you can recover. If you fell because you failed to wear appropriate shoes to the worksite, for example, the court could bar you from recovering a large portion of the value of your claim.
We will work to diminish any liability you may have for your injuries.
If you are receiving workers’ compensation for your injuries, you may also need to pay this money back after receiving a settlement from your negligence claim.
Do I need help from a lawyer to file my claim?
It is not a legal requirement to have a lawyer help you with your claim, however, it is in your best interest. Filing a claim while trying to recover from your injuries can seem impossible.
At Cordisco & Saile, LLC, we fight for the rights of injured workers. Our lawyers can help you identify all liable parties in your construction accident, and explain your legal options for filing a claim. We make this complex process easier, getting you all the compensation due to you. We will estimate your damages and negotiate with the at-fault party or its insurer to get you a fair settlement.
Call 215-642-2335 today to schedule a time to speak with one of our Pennsylvania construction accident attorneys for free.