construction worker suffered from a fall injury

Are Construction Workers Limited to Workers’ Compensation to Cover Accident Injuries?

Construction workers face greater risks than most when they show up to work. With heavy machinery, hazardous material, working from great heights, and working below objects set at great heights, construction workers can be substantially injured all too easily when on the job. When a construction worker is injured, however, are they restricted to only recovering workers’ compensation benefits? 

While workers’ compensation benefits can provide important financial support to workers injured on the job, the benefits can also be extremely limited, especially in certain situations. Injured workers may be unable to fully cover the cost of medical care and ongoing treatment as well as providing coverage for lost wages. Additionally, workers’ compensation does not provide compensation to cover pain and suffering. This brings us back to the question that can be critical for so many construction workers who have been injured at work, which is whether or not they are limited to workers’ compensation to cover accident injuries sustained on the job.

Are construction workers limited to workers’ compensation to cover accident injuries?

While construction work is full of inherent dangers, construction companies, owners, and other parties have a duty to take reasonable steps in mitigating the risks involved with the work to help keep workers safe. When the parties that owe a duty of care to construction workers violate this duty and the worker is injured as a result, the negligent party may be held liable for the harm caused. This means that, in certain situations, the injured worker may seek compensation beyond that provided by workers’ compensation through pursuing a third-party liability personal injury claim.

While workers’ compensation provides benefits coverage for negligence on the part of an employer or coworker whose negligence leads to injury of a construction site worker, workers’ compensation does not address the negligence of a third party. When a third party’s negligence or wrongdoing leads to an accident resulting in injury to a construction worker, that worker can go outside of the workers’ compensation system to seek compensation via a third-party injury claim. A third party in these types of cases may include:

  • General contractors
  • Subcontractors
  • Construction site owners

It can be difficult to identify who exactly was responsible for causing the injuries sustained by construction site workers. It could be the case that there is more than one responsible party. Identifying who exactly bears some of the liability, however, can be a complex, fact-specific analysis. This analysis, however, is important to go through as it can verify whether an injured person can go outside of the workers’ compensation system and who he or she may pursue compensation for the losses resulting from the injuries sustained in the accident.

Philadelphia Construction Accident Injury Attorneys

Far too often dangerous oversights on construction sites can lead to workers sustaining devastating injuries. If you have been injured on a construction site, talk to the dedicated personal injury attorneys at Cooper Schall & Levy. We will pursue all possible avenues of recovery outside of the workers’ compensation system. Not only could your injury claim provide you with the compensation you need to properly recover from the accident, but it could lead to important construction industry changes that promote a safer work environment for other construction site employees. Contact us today.