Philadelphia Construction Accident Lawyers

Construction sites are constantly changing, and hazards can emerge in an instant.

Floor openings may be left unprotected, scaffolding may be improperly assembled, and multiple contractors may be working in close proximity. Trenches, ladders, cranes, lifts, electrical systems, heavy machinery, and moving equipment can all create dangerous conditions when proper safety measures are not followed.

When a construction worker suffers a serious injury, workers’ compensation may not be the only avenue for recovery.Depending on the circumstances, an injured worker may be entitled to workers’ compensation benefits through their employer while also pursuing a separate personal injury claim against a negligent contractor, property owner, equipment manufacturer, or other responsible third party.

At Stampone O’Brien Dilsheimer Holloway, our Philadelphia construction accident lawyers investigate the entire jobsite to determine what happened, who controlled the work involved, what safety measures should have been in place, and whether someone other than the injured worker’s employer may be legally responsible.

Our attorneys have represented construction workers, laborers, electricians, tradespeople, and others injured in serious workplace incidents throughout Pennsylvania, New Jersey, Florida, and nationwide.

Workers’ Compensation vs. a Third-Party Construction Accident Claim

After a serious construction accident, you may have options for pursuing compensation beyond workers’ compensation benefits. Depending on how the accident occurred, you may be eligible to receive workers’ compensation benefits while also filing a separate personal injury claim against a negligent third party.

Understanding the difference between these two types of claims is essential to identifying all potential sources of recovery.

What Does Workers’ Compensation Cover?

Pennsylvania workers’ compensation generally provides benefits to eligible employees who suffer work-related injuries or illnesses.

Depending on the claim, benefits may include medical treatment and a portion of lost wages.

Unlike a third party personal injury claim, workers’ compensation generally does not require an injured employee to prove negligence.

Learn more about the firm’s Pennsylvania workers’ compensation practice.

What Is a Third-Party Construction Accident Claim?

Pennsylvania workers’ compensation laws generally limit an employee’s ability to bring a negligence lawsuit against their employer or coworkers for a workplace injury.

But construction sites often involve many companies besides the worker’s direct employer.
If another person or business caused or contributed to the accident, the injured worker may have a separate claim against that third party.

• Potential third parties may include:
• General contractors
• Subcontractors other than the worker’s employer
• Property owners
• Equipment manufacturers
• Equipment rental or maintenance companies
• Engineers or other project professionals
• Delivery companies
• Drivers
• Vendors
• Other businesses working on or controlling portions of the site

Whether a particular company can be sued depends on its role, relationship to the worker, control over the work, and the specific circumstances of the accident.

Can You Receive Workers’ Compensation and Bring a Third-Party Claim?

Yes.

Depending on the circumstances of the accident, an injured construction worker may be entitled to workers’ compensation benefits while also pursuing a separate personal injury claim against a negligent third party.

These claims operate under different legal rules and may provide different types of compensation. Workers’ compensation generally covers medical expenses and a portion of lost wages, while a successful third-party personal injury claim may allow an injured worker to recover additional damages, including pain and suffering, loss of future earning capacity, and other losses permitted by law.

Identifying whether a third party contributed to the accident can be critical to pursuing the full compensation available under the circumstances.

Who Can Be Held Responsible for a Construction Accident?

Construction projects can involve owners, developers, general contractors, subcontractors, equipment companies, architects, engineers, vendors, delivery companies, and multiple trades working at the same time.

Determining liability requires understanding what each party was responsible for and what actually caused the accident.

General Contractors and Other Contractors

Depending on the circumstances, a general contractor or another contractor may have responsibilities involving worksite coordination, safety, sequencing, access, equipment, or particular areas of work.

Liability is not automatic simply because a company held a particular title.

The investigation must determine what the company actually controlled, what duties it assumed, what it knew about the hazard, and how its conduct relates to the injury.

Property Owners

Property owners may potentially be responsible for certain dangerous property conditions, particularly when they retained control over the premises or the condition involved.

Again, the specific facts matter.

Whether a particular company can be sued depends on its role, relationship to the worker, control over the work, and the specific circumstances of the accident.

Equipment Manufacturers

Some construction accidents happen because the equipment itself is dangerous.

A lift may lack appropriate safeguards. A machine may expose workers to an unguarded pinch point. A component may fail. Equipment may be unstable or lack adequate instructions or warnings.

When defective equipment contributes to an injury, our product liability attorneys can investigate the design, manufacturing process, warnings, safety features, and history of the product.

Equipment Rental, Service and Maintenance Companies

Heavy equipment may be owned, leased, maintained, inspected, or repaired by companies other than the contractor using it.

When equipment failure contributes to an accident, maintenance and inspection records can help identify whether another company played a role.

Other Subcontractors

A worker may be injured because another trade created a dangerous condition.
Examples can include:

• Leaving an opening unguarded
• Creating an unsafe access route
• Improperly erecting scaffolding
• Leaving debris or materials in a work area
• Failing to warn other trades about a hazard
• Improperly operating equipment
• Creating electrical hazards
• Performing work in an unsafe sequence

Construction cases frequently require an attorney to reconstruct which company created, controlled, or knew about the dangerous condition.

What Are the Most Common Construction Accidents?

Construction work exposes workers and visitors to many hazards.

OSHA organizes several of the industry’s major hazards around falls, struck-by incidents, caught-in or between hazards, and electrocution.

Serious construction cases may involve these hazards and many others.

Falls From Heights

Construction falls can occur from a variety of elevated surfaces and structures, including:

Roofs
Scaffolding
Ladders
Lifts
Unprotected decks
Floor openings
Structural steel
Elevated platforms
Stairways

A thorough investigation examines whether adequate fall protection was provided and properly used, including guardrails, personal fall-arrest systems, secure anchor points, and safe access routes. It may also involve reviewing worker training, site conditions, supervision, and which contractor was responsible for maintaining a safe work area.

Our attorneys have represented individuals injured in falls from unprotected scaffolding, bridges, ladders, demolition sites, and other structures where adequate fall protection was lacking. We investigate the circumstances of each incident to determine how the fall occurred and who may be held legally responsible.

Scaffolding and Structural Collapses

Scaffolding collapses and failures can occur when structures are improperly assembled, essential components are missing, foundations are unstable, platforms are overloaded, or equipment is defective or struck by machinery.

Structural, building, and deck collapses can cause catastrophic injuries, often raising questions about construction methods, design, installation, maintenance, and site safety. Depending on the circumstances, liability may extend to contractors, property owners, architects, engineers, installers, manufacturers, or other parties whose negligence contributed to the collapse.

Struck-By Accidents

Workers may be struck by:

Falling tools
Building materials
Vehicles
Cranes
Forklifts
Lifts
Excavators
Swinging loads
Materials being hoisted or unloaded

Because heavy construction materials can generate enormous force, these incidents frequently result in fractures, brain injuries, crush injuries, or death.

Caught-In or Between Accidents

Workers can become pinned, pulled into machinery, trapped between vehicles and structures, caught in moving equipment, or crushed by shifting materials.

These cases may raise questions about guarding, lockout procedures, equipment design, operator communication, site layout, and safe work practices.

Our attorneys have represented workers who suffered serious crush injuries involving windows being unloaded at jobsites, materials being moved by cranes, and industrial machinery with dangerous gears, rollers, blades, and other moving components.

Electrocution and Electrical Injuries

Construction workers may encounter overhead power lines, temporary power systems, exposed wiring, defective tools, energized equipment, and improperly grounded machinery.

Electrical incidents can cause burns, cardiac injuries, falls, neurological damage, or death.

Trench and Excavation Accidents

A trench collapse can bury or crush a worker within seconds.

Excavation accidents may also involve falls, equipment strikes, underground utilities, hazardous atmospheres, or unsafe access and egress.

Crane, Forklift and Heavy Equipment Accidents

Cranes, forklifts, loaders, lifts, and other heavy equipment can cause catastrophic injuries when operators, spotters, contractors, maintenance companies, or manufacturers fail to address known hazards.

Investigating these cases may require examination of operator practices, site conditions, maintenance, visibility, traffic routes, load handling, and equipment design.

Our attorneys have represented numerous workers injured by heavy material-handling equipment, including securing a $5.475 million recovery for a worker who suffered a partial leg amputation. Many of our results involving these types of machines remain confidential.

What Should You Do After a Construction Accident?

A serious worksite injury can create immediate confusion about what should be reported, who should be notified, and what evidence needs to be preserved.

Start with your health.

1. Get medical treatment.

Do not delay seeking medical care. Explain to your healthcare providers how the accident occurred and report all injuries, symptoms, and complaints, even those that seem minor at first. Thorough documentation can help ensure the full extent of your injuries is recognized and treated.

2. Report the accident.

Notify your employer or supervisor so there is a record of the incident. If appropriate, call the police.

3. Identify everyone involved.

Construction sites may involve multiple companies. If possible, record the names of contractors, subcontractors, equipment companies, property owners, and witnesses.

4. Take and preserve photographs and videos.

If you or someone else can safely photograph the scene, do so before work resumes and the hazardous condition changes or disappears. These photographs can preserve critical evidence and, in some cases, make a significant difference in the outcome of a personal injury claim.

5. Keep paperwork.

Save all relevant documentation, including incident reports, medical records, work restrictions, correspondence, and benefit information. Keep photographs and any information identifying the equipment, individuals, or other parties involved in the accident.

6. Do not assume workers’ compensation is your only option.

A potential third-party claim may not become apparent until an attorney thoroughly investigates the construction project, the companies involved, and their respective responsibilities. If you’ve been told you don’t have a third-party claim, consider seeking a second opinion. Our attorneys have represented numerous injured workers whose previous attorneys believed no third-party claim existed.

7. Speak with an attorney before evidence disappears.

Construction sites evolve rapidly. The condition that caused an injury may be repaired, removed, covered, or changed within hours or days.

What Evidence Can Help Prove a Construction Accident Claim?

Strong construction cases are built through investigation.

Depending on the accident, relevant evidence may include:

Photographs and videos
Surveillance footage
Incident reports
OSHA records
Safety meeting documents
Site inspection records
Project contracts
Subcontracts
Daily logs
Work schedules

Equipment manuals
Maintenance and inspection records
Training records
Job hazard analyses
Site-specific safety plans
Witness statements
Emails and text messages
Engineering plans
Medical records
Physical evidence from the scene

Contracts can be particularly important because they help explain which companies were responsible for particular work, equipment, areas of the site, or safety functions.

However, the written agreements tell only part of the story. The actions each company actually took, and the responsibilities it assumed on the jobsite, can be equally important in determining liability.

What If Defective Equipment Caused the Construction Accident?

A workplace accident can also be a product liability case.

Construction workers rely on equipment that must perform safely under demanding conditions.

A claim may involve:

Missing or inadequate machine guards
Defective forklifts or lifts
Unsafe scaffolding components
Faulty ladders
Defective harnesses or fall-protection systems
Malfunctioning power tools
Defective cranes or rigging equipment
Unsafe material-handling equipment
Defective vehicle components
Equipment sold without adequate safety features

When machinery is involved, preserving the equipment before it is repaired, modified, returned, sold, or destroyed can be critical.

Our attorneys handle both construction accident and dangerous and defective product cases, allowing the investigation to address both worksite negligence and potential product defects.

What Injuries Can Construction Accidents Cause?

Construction accidents can permanently alter a worker’s ability to earn a living and live independently.

Serious injuries may include:

Traumatic brain injuries
Spinal cord injuries
Paralysis
Crush injuries
Amputations
Multiple fractures
Burns

Electrocution injuries
Internal organ damage
Nerve injuries
Complex orthopedic injuries
Scarring and disfigurement
Permanent loss of function

Catastrophic injuries may require years of medical treatment, extensive rehabilitation, ongoing assistance, or lifelong care.

Evaluating a serious construction injury claim means looking beyond the expenses incurred immediately after the accident. It is essential to consider future medical needs, lost earning capacity, long-term care, and the lasting impact the injury may have on the worker’s independence and quality of life.

What Compensation May Be Available After a Construction Accident?

The answer depends partly on what type of claim is being pursued.

Workers’ Compensation Benefits

Workers’ compensation may provide medical treatment and wage-loss benefits to eligible injured employees.

Other benefits may apply depending on the nature and permanence of the injury.

Compensation Through a Third-Party Claim

A successful third-party personal injury claim may allow recovery for losses that are not handled the same way through workers’ compensation.

Depending on the case, damages may include:

Past and future medical expenses
Lost income
Reduced future earning capacity
Pain and suffering
Disability
Disfigurement
Loss of enjoyment of life
Future care needs

The interaction between workers’ compensation benefits and a third-party recovery can be complex, including issues involving reimbursement and subrogation.

That is one reason the claims should be evaluated together rather than in isolation.

What If a Construction Accident Causes a Death?

Fatal workplace accidents leave families facing grief, unanswered questions, and financial uncertainty.

Workers’ compensation death benefits may be available to qualifying dependents in certain work-related deaths.

If a negligent third party caused or contributed to the fatal accident, the deceased worker’s family or estate may also be entitled to pursue a separate wrongful death or other third-party claim.

Stampone O’Brien Dilsheimer Holloway represents families in workplace death cases and other wrongful death claims.

Our attorneys investigate the accident, the companies involved, the available insurance coverage, and the losses created by the death.

How Long Do You Have to File a Construction Accident Claim?

Different deadlines may apply depending on the type of claim involved.

In Pennsylvania, personal injury lawsuits, including third-party construction accident claims, are generally subject to a two-year statute of limitations.

Workers’ compensation claims have separate reporting and filing requirements, making it important to notify your employer or supervisor of a workplace injury as soon as possible. The statute of limitations for a workers compensation claim in Pennsylvania is generally three years.

However, waiting can create practical problems even before a legal deadline expires. Construction sites change rapidly. Equipment is moved. Contractors finish their work. Temporary structures disappear. Surveillance video may be overwritten. Witnesses move on to other jobs.

A prompt investigation can help preserve critical evidence before it disappears. Once that evidence is lost, it may be difficult, or impossible, to recreate the conditions that caused the accident

Can You Sue Your Employer After a Construction Accident?

Usually, an employee cannot bring an ordinary negligence lawsuit against an employer or coworker for an injury covered by Pennsylvania workers’ compensation law.

That does not necessarily mean there is no lawsuit. The key question is whether another legally responsible person or business contributed to the accident.

For example, an injured worker may have been employed by one subcontractor but hurt because:

Another subcontractor created an unsafe condition
A general contractor controlled work that was performed negligently
A property condition contributed to the accident
Defective equipment failed
A delivery driver caused an incident
A separate company negligently maintained equipment

A construction accident lawyer can investigate the relationships among the parties to determine which claims may be available.

Why Choose Stampone O’Brien Dilsheimer Holloway for a Construction Accident Case?

Construction cases demand attention to details most people never see.

Who controlled the area? Who created the condition? What did the contracts require? Which trade was working nearby? Who owned the equipment? Were safeguards removed? Who inspected the site? What changed immediately after the accident?

Stampone O’Brien Dilsheimer Holloway has experience answering those questions.

Our construction accident results include recoveries involving falls, scaffolding, heavy equipment, unsafe worksites, and other serious construction injuries.

In one Bucks County construction case, our client suffered catastrophic injuries after falling from an unprotected deck. Despite disputed facts concerning available fall protection, our attorneys obtained a $3.15 million settlement, while the client was also able to continue receiving certain workers’ compensation benefits.

The firm has also handled catastrophic workplace and equipment cases involving seven- and eight-figure recoveries, many of which are confidential.

Every case depends on its own facts, and past results do not guarantee future outcomes.

What matters is the approach: investigate the accident thoroughly, identify every responsible party, preserve the evidence, understand the long-term impact of the injury, and prepare the case to withstand a serious defense.

Frequently Asked Questions About Construction Accident Claims

Can I sue someone other than my employer after a construction accident?

Potentially. If a third party such as another contractor, property owner, equipment manufacturer, maintenance company, driver, or other business caused or contributed to the injury, a separate personal injury claim may be available.

Can I receive workers’ compensation and still file a lawsuit?

Potentially. Workers’ compensation and third-party personal injury claims are different. An injured employee may have both when someone other than the employer or a coworker is legally responsible for the accident.

What if defective equipment caused my injury?

A separate product liability claim may be possible against a manufacturer or another responsible company. Preserve the equipment and identifying information whenever possible.

What if I am an independent contractor?

Employment status can significantly affect the analysis. Simply being called an “independent contractor” does not necessarily resolve the question. The actual working relationship and circumstances need to be evaluated.

What if I was blamed for causing the accident?

Do not assume the case is over because an employer, contractor, insurer, or witness says you were at fault. Construction accidents can involve multiple contributing failures, and responsibility should be determined after the evidence is investigated.

Does an OSHA violation automatically prove my case?

Not necessarily. Safety standards and violations can provide important evidence, but civil liability depends on the applicable law and the facts of the accident.

Contact Stampone O’Brien Dilsheimer Holloway for a free, confidential consultation about a construction or workplace injury.