By Workers’ Compensation Attorney Daniel C. Linn
If you work in construction, you already know it’s one of the most physically demanding and risky jobs out there. From working at great heights to handling heavy machinery, construction sites are full of hazards. Unfortunately, accidents happen more often than they should, and when they do, the injuries can be severe. That’s why workers’ compensation exists — to help you get the medical treatment and financial support you need to recover and get back on your feet.
But if you’re a construction worker in the Greater Philadelphia area, there are some particular things to consider when it comes to filing a workers’ compensation claim. Let’s dive into the risks you face on the job and what you need to know about the workers’ compensation process.
Common Risks for Construction Workers
Construction sites can be unpredictable, and even the most experienced workers are vulnerable to injury. Here are some of the most common risks construction workers face:
1. Falls from Heights
Whether you’re working on scaffolding, ladders, or rooftops, falls from heights are a leading cause of serious injuries on construction sites. Even with safety harnesses and guardrails, one misstep or equipment malfunction can lead to a dangerous fall. Workers who fall from significant heights often suffer from broken bones, spinal cord injuries, or traumatic brain injuries, all of which can require extensive medical treatment and time off work.
2. Struck-by Accidents
Construction sites are busy places with vehicles, heavy equipment, and materials constantly on the move. Struck-by accidents occur when a worker is hit by falling debris, swinging equipment, or even a vehicle. These types of accidents can result in severe injuries like fractures, internal bleeding, or head trauma.
3. Electrocutions
Electrical hazards are a common risk in construction, particularly when working with exposed wiring, overhead power lines, or faulty equipment. Electrocutions can cause serious burns, nerve damage, or cardiac arrest. Workers need to be especially vigilant when working in wet conditions, where the risk of electric shock is even greater.
4. Caught-in or Caught-between Incidents
These incidents happen when a worker is caught in or compressed by equipment or objects, such as getting a limb caught in a machine or being crushed between two heavy objects. These types of accidents can lead to amputations, broken bones, or other serious injuries.
5. Repetitive Stress Injuries
Construction work is physically demanding and often requires repetitive motions, such as lifting, bending, or hammering. Over time, these repetitive actions can lead to injuries like carpal tunnel syndrome, tendonitis, or back problems. While these injuries may not happen suddenly, they can become debilitating over time, affecting your ability to work and enjoy life.
Special Considerations for Construction Workers
Because of the unique nature of construction work, there are several special considerations when it comes to workers’ compensation:
1. Multiple Parties Could Be Involved
Construction sites are often bustling with various contractors, subcontractors, and employees from different companies. If you’re injured on the job, it’s essential to determine who’s responsible. In some cases, you may be covered under your employer’s workers’ compensation insurance. However, if a third party (like another subcontractor or equipment manufacturer) is found to be at fault, you might have a separate claim against them in addition to your workers’ compensation claim. We discuss third party claims in more detail in our article, Construction Accident Compensation: What is a Third Party Claim?
2. Understanding the Types of Benefits Available
Workers’ compensation can provide several benefits, including medical treatment, wage loss benefits, specific loss benefits for injuries that result in a permanent disability (such as the loss of a limb), and death benefits if a worker tragically loses their life on the job. In Pennsylvania, wage-loss benefits are typically two-thirds of your average weekly wage, up to a maximum amount set by law. Knowing what benefits you’re entitled to can make a huge difference in how you and your family cope after an injury.
3. Navigating the Claims Process
Filing a workers’ compensation claim isn’t always straightforward. Insurance companies often challenge claims to avoid paying benefits, especially in industries like construction where injuries can be costly. They may argue that your injury wasn’t work-related, or that you can return to work sooner than you feel able. Having an experienced workers’ compensation attorney can help you navigate the process, ensuring that all paperwork is correctly filed and deadlines are met.
4. Dealing with Pre-Existing Conditions
Construction workers often have pre-existing conditions due to the physical nature of their work. Insurers may try to deny a claim by arguing that your current injury is just a flare-up of a prior condition. However, if your work exacerbated a pre-existing condition, you’re still entitled to benefits. An attorney can help gather the necessary medical evidence to prove that your work aggravated your condition.
5. Return-to-Work Concerns
After an injury, your doctor may clear you for light-duty or modified work. However, construction doesn’t always have options for light-duty work. If your employer can’t accommodate your restrictions, you may still be entitled to wage-loss benefits. It’s crucial to understand your rights regarding returning to work, especially if you’re pressured to return before you’re fully recovered.
What to Do If You’re Injured on the Job
If you’ve been injured on a construction site, here are the steps you should take immediately:
- Report the Injury: Notify your employer as soon as possible. Like other states, Pennsylvania has strict deadlines for reporting a work injury so it’s best to do it promptly to avoid any disputes.
- Seek Medical Attention: Even if your injury seems minor, see a doctor. Some injuries can worsen over time, and a medical report will be crucial for your workers’ compensation claim.
- Document Everything: Keep detailed records of the incident, including photographs, witness statements, and any communication with your employer or insurance company.
- File a Workers’ Compensation Claim: This involves submitting the appropriate paperwork to your employer’s workers’ compensation insurer. An attorney can help ensure this is done correctly and promptly.
- Contact an Attorney: Navigating the complexities of a workers’ compensation claim can be challenging, especially when dealing with severe injuries or disputes. An experienced workers’ compensation attorney can help you understand your rights, gather evidence, and negotiate with insurers on your behalf.
Read our blog for more detailed information about steps to take after a construction site injury.
Why Legal Help is Essential
Workers’ compensation claims for construction injuries can be particularly complex. Between dealing with multiple parties, understanding the full range of benefits available, and navigating potential disputes, having a skilled attorney by your side can make a significant difference. At Aversa & Linn, we’ve helped countless construction workers in the Philadelphia area secure the compensation they deserve. Remember, it costs nothing to call us for legal assistance — we’re here to help you every step of the way.
If you or a loved one has been injured on a construction site, don’t wait to get the help you need. Contact us today for a free consultation and let us fight to get you the compensation you deserve.
