West Chester Construction Accident Attorney
Construction workers in West Chester, Pennsylvania, make vital contributions to our society with their hard work and expertise. They construct our roads, schools, hospitals, and other essential structures. Unfortunately, they’re also at a higher risk of being injured on the job than anyone else. If you or someone you love has been injured at work, a West Chester construction accident lawyer can help you seek monetary damages.
Accidents on construction sites are not uncommon. Picture this: as part of the team on the reconstruction of US 1 PA 896 to PA 472, you’re struck by a speeding vehicle while working by the side of the road. Or maybe you’re working on the construction of a new parking structure at West Chester University and you fall when improperly secured scaffolding collapses. These are realistic scenarios that can result in serious bodily injury or death. In any case, you can count on the knowledgeable and passionate construction accident attorneys in West Chester, Pennsylvania, at Wilk Law to assist you.
Do Construction Accidents Occur Often in West Chester, Pennsylvania?
Construction areas in West Chester, Pennsylvania, tend to have lots of potential dangers and hazards. This makes it all the more important for employers, contractors, and developers to ensure safety protocols are always being followed. When these parties fail to comply with their legal responsibilities and act with negligence, it’s construction workers who pay the price.
Construction accidents occur relatively often in West Chester, especially in roadway work zones. In 2021 alone, there were 1,649 work zone crashes that resulted in 16 deaths. This is a portion of the 162 fatal work injuries that occurred in Pennsylvania that year, 29 of which were construction workers. In 2022, there were 123,400 nonfatal workplace injuries and illnesses in Pennsylvania. Construction workers made up a large portion of this number, with 2.2 experiencing a workplace injury or illness for every 100 workers.
To learn more about your rights following an injury or accident reach out to an experienced construction accident lawyer in West Chester at Wilk Law today.
Types of Construction Site Accidents and Their Causes
Construction sites in West Chester, Pennsylvania, are filled with hazards, so there are several types of construction site accidents that may occur and cause bodily injury. Here are a few of the most common types of accidents and their causes:
Overexertion
Construction is one of the most physically demanding industries out there. Being too exposed to the elements can result in a higher risk of injuries like overexertion, hypothermia, and heat stroke. These injuries can lead to tissue and/or organ damage. To avoid these types of injuries, workers must be wearing the appropriate clothing and protective equipment. Workers also must be allowed to take regular breaks and to come inside to avoid prolonged exposure to the elements.
Electrocution
You’ll be hard-pressed to find a construction site that’s entirely free from electrical wires or live power lines. Failure to adhere to the set safety procedures when handling wires and live wires can result in severe injury. That’s why it’s essential to wear the right safety equipment, keep the area dry, and follow all procedures.
Falling Objects
As West Chester construction accident attorneys, we are well aware that falling objects are a major concern on construction sites. Any object that falls from a great height, no matter how small the object, can be extremely dangerous. Objects accidentally knocked off of scaffolding, for example, can injure workers or passers-by below. This is one of the reasons why hard hats are essential for any individual on a construction site. These accidents are not rare, as falling objects were the third leading cause of injury for workers before 2020.
Slips, Trips, and Falls
Some of the most common causes of injuries on construction worksites are slips, trips, and falls. They even account for approximately 37.9 percent of fatalities in the construction industry from 2015 to 2019. Slips, trips, and falls can be caused by poor lighting, debris, defects in flooring, oil on floors, open holes, and environmental factors. One of these accidents can result in everything from a sprained ankle to a life-changing brain injury.
Underground Collapses
Construction projects sometimes involve the digging of basements or trenches. If safe practices aren’t followed, one of these underground worksites can collapse, resulting in serious injuries and death. If the worksite is underneath a building that people are living or working in, the collapse could injure them as well.
Fires & Explosions
A fire or explosion may occur on a construction site due to equipment malfunctions, electrical problems, flammable materials, or chemical/gas leaks. One of these accidents can cause minor to severe injuries ranging from first-degree to third-degree burns. Victims may also suffer disfigurement, smoke inhalation illnesses, and death.
Crane & Forklift Accidents
Cranes and forklifts are commonly used on all kinds of construction sites. Operating this machinery requires extensive training, as they’re typically handling loads that weigh tons and could cause a great deal of harm. Unfortunately, accidents involving forklifts and cranes do occur, often due to a defect in the machinery or a lack of training. Crane and forklift accidents can be especially devastating and often result in life-altering injuries and/or fatalities.
With Wilk Law, the exact type of accident that injured you is unimportant. Our West Chester construction accident lawyers have handled all types of cases for construction workers in Pennsylvania. You can rest assured that our legal team will vigorously investigate your accident and recover damages for your suffering.
OSHA Standards and Workers’ Rights in West Chester, Pennsylvania
It’s crucial for every worker to know their Occupational Safety and Health Administration (OSHA) rights. OSHA is responsible for developing regulations to safeguard the health and safety of workers. When you know your OSHA rights, you’ll know your next steps if a work-related accident ever occurs.
OSHA covers workplace health, protection, and safety to the majority of private sector employers/workers and federally covered public sector employers/workers in all 50 states and some jurisdictions and territories (including the District of Columbia, American Samoa, Puerto Rico, Wake Island, and more). Federal OSHA covers most private sector employers/workers in 29 states, but the remaining 21 are covered by OSHA-approved state plans.
The role of OSHA is to set regulations concerning workplace safety that companies, businesses, and organizations must meet. Under OSHA, workers have a right to a safe and healthful workplace. Employers have a general duty to provide a safe workplace that is free of serious hazards (the General Duty Clause of the OSHA Act). If you determine that your employer/workplace is not complying with OSHA, you should report them. Not complying with OSHA could give you grounds for a negligence lawsuit.
If you’re interested in filing a workers’ compensation claim, please consult this helpful resource, or reach out to us directly. Our West Chester construction accident attorneys will discuss your case with you at zero charge to help you with your next steps.
Who Can Be Held Liable in a Construction Site Accident in West Chester?
Accidents can happen at any workplace, but construction zones are filled with possible dangers that can result in serious bodily injury. That’s why it’s all the more important for everyone to do their part to ensure a safe workplace at all times. If an accident does occur, here are a few of the parties who could be held responsible:
Construction Company
A construction company or contractor tends to have many responsibilities to the workers on the site. This includes providing training, safety gear, suitable equipment and tools, and overall safe working conditions. Depending on the nature of the accident, both a contractor and subcontractor could be deemed responsible.
Property Owner
Under premises liability law, property owners are obligated to keep their property safe for visitors. That means taking care of dangerous conditions, like an icy parking lot or a clear tripping hazard. If the owner fails to correct these conditions or fails to warn individuals on the property, they may be held liable if someone is injured.
Equipment Manufacturers
Equipment used on construction sites can be dangerous, even more so if it’s defective in some way. If any equipment is working improperly and results in an injury, the injured party may be able to file a product liability claim against the equipment manufacturer.
Architects and Engineers
An architect or engineer is responsible for planning the job. If their plan creates unsafe conditions for workers and results in an injury, the architect or engineer could be held legally responsible.
Unsure about who’s responsible for your injury? It’s time to talk to a West Chester construction accident lawyer at Wilk Law. They’ll help you determine whether it’s better to file against one party, or multiple parties or to file for workers’ compensation benefits instead.
Negligence Lawsuits vs. Workers’ Compensation Lawsuits in Pennsylvania
Most employers must have workers’ compensation insurance that injured employees can take advantage of. To get workers’ compensation benefits, you only need to prove that your injury happened at work and that you weren’t intoxicated. This may sound simple, but it’s important to note that accepting workers’ compensation benefits prohibits you from suing your employers for negligence.
Another key distinction between the two is that workers’ compensation only covers the economic damages suffered from the accident. You’ll only be compensated for things like current medical costs, lost wages/income, and private property damage. Unlike with a negligence lawsuit, you’re unable to recover damages for intangible things like pain and mental trauma/anguish.
There are many scenarios where it makes more sense to sue for negligence rather than pursue a workers’ compensation claim. If your injury was definitely caused by your employer’s negligence, you’ll likely recover far more compensation by filing a negligence lawsuit over a workers’ compensation claim.
If you work for an uninsured business, suing for negligence essentially becomes your only way to recover damages. Or maybe your injuries were caused by an employer intentionally harming you, in which case, you should have grounds for a negligence lawsuit. You could also be suing a third party that may have caused your accident, like a contractor, a careless driver, or the manufacturer of relevant work equipment.
Not sure if your case justifies a negligence lawsuit? Tempted to just pursue a workers’ compensation claim despite your physical or mental suffering? Reach out to an experienced construction accident attorney in West Chester, Pennsylvania, who can help you make an informed decision about how to proceed.
West Chester, Pennsylvania
West Chester is one of the fastest-growing boroughs in Pennsylvania, so naturally, there are always several construction projects on the go. Some of these current projects include improvements to Route 41, the North Valley Road bridge relocation, the Brandywine Creek bridge replacement, and the US 1 Widening Project. As you can see, many of these projects are in roadway work zones, in which many accidents occur year after year.
Victims in these accidents should seek out a construction accident lawyer in West Chester right away. Along with a lawyer, workers with injuries should take advantage of these important resources below:
- AFC Urgent Care: The staff at AFC Urgent Care can provide workers with prompt treatment while guiding them through the workers’ compensation process. They handle recordkeeping, develop back-to-work plans, and schedule follow-up appointments so workers can focus on their recovery.
- Chester County Hospital: The Chester County Hospital team helps to treat, track, and control workplace injuries. They offer affordable and quality services that help injured workers recover and return to work safely.
- Phoenix Physical Therapy: Phoenix Physical Therapy prides itself on carefully customizing treatment solutions when caring for people with work-related injuries. They ensure communication is open between employers and employees and that each care plan suits each employee and their job’s requirements.
Contact Our West Chester Law Firm Today
If you’ve been injured on a construction site due to someone else’s negligence, it’s time to seek out a West Chester construction accident lawyer who can help you. Wilk Law will aggressively pursue compensation on your behalf against ruthless insurance companies and legal teams. If you have any questions or would like to request a free consultation, please call (855) 946-3678, email tyler@wilklawfirm.com, or fill out our online contact form.
No matter how complex your case may seem, you can trust the experts at Wilk Law. Our team is led by Tyler Wilk, an experienced civil trial lawyer who specializes in personal injury and workplace injuries. Tyler has earned his reputation as an aggressive litigator who fights and wins for his clients. Having once been the victim in a personal injury case, Tyler brings a level of care and passion that you won’t find in just any lawyer. You can count on him to provide you with sound legal guidance as you navigate this difficult time in your life.