Construction plays a key role in building society. However, the conditions of construction sites are hazardous, and the people working there are always at risk of injury. Therefore, injuries are quite common among construction site workers. But, that does not mean it is not an important issue.
If you are a worker or a pedestrian who got injured due to someone else’s neglect at the construction site, you are eligible to file a lawsuit. Various Philadelphia, PA personal injury attorneys provide free consultation sessions where you can learn about your rights.
Can I receive worker’s comp by filing a lawsuit for construction site injuries?
Workers’ compensation is financial aid given to employees when they get injured at the workplace or while running errands for their job. For receiving this money, you need to file a workers’ comp claim with the help of your employer. However, once you sign the agreement, you lose the right to legally sue your employer, even if they were responsible for your injuries.
Personal injury lawsuits after construction site accidents
Personal injury lawsuits are usually filed by non-workers who get injured at the construction site. However, if you are a worker and your employer has denied your workers’ compensation claim, you can also file a lawsuit.
Personal injury cases are mostly based on negligence. Here, you need to prove that:
- The defendant had a duty of care.
- The defendant caused a breach of duty.
- The breach of duty caused the accident.
- You acquired injuries because of the accident.
Other bases of a personal injury case may include the following.
- Premises liability: Property owners have the legal obligation to keep their premises safe. The law holds them liable if a visitor or a customer gets injured on their property.
- Product defects: Construction accidents can happen due to defective or malfunctioning products. Here, the manufacturer, designer, or seller can be held liable depending on the evidence.
Damages you can recover
In a construction site personal injury case, the plaintiff can expect to recover the following damages.
- Medical expenses including surgery, appointments, medications, trips to the doctor, hospital parking tickets, equipment for accommodation, etc.
- Lost wages
- Loss of future earnings in case of long-term or permanent damage.
- Emotional/psychological distress
- Pain and suffering
What if I was partially responsible?
If you believe you were partially responsible, you must first consult with your attorney so they can suggest whether you should or should not admit guilt. If your fault is indeed established, you can still recover compensation; however, some amount may be deducted from it. For example, if you were 35% at fault, 35% of the compensation amount will be deducted before being given to you.
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