Can Subcontractors or Independent Contractors File Claims for Construction Injuries?

Construction work is no joke. It’s physically demanding, often dangerous, and essential to keeping Philadelphia growing. Whether you’re building rowhomes in South Philly or working on a major commercial site in Center City, the risk of injury is always there. But what happens when you’re not a traditional employee? Can subcontractors or independent contractors still file claims if they get hurt on the job?

Let’s clear up the confusion and talk about your rights and how the attorneys at Aversa & Linn can help protect them.

Independent Contractors Get Hurt Too

Construction sites involve heavy equipment, hazardous materials, and chaotic environments where multiple teams may be working simultaneously. While employers owe a duty of care to their workers, subcontractors and independent contractors are often left wondering if they have any legal protections when injured.

The short answer: Yes, you may still be able to file a claim, but how you do that depends on a few key factors.

You Might Not Qualify for Workers’ Comp — But Don’t Give Up

In Pennsylvania, independent contractors are generally not covered under workers’ compensation insurance. That’s because the law treats independent contractors differently from employees. If you’re a true independent contractor, the general contractor or company you’re working for may not be obligated to carry workers’ comp for you.

But here’s the catch: many workers are misclassified. You might be labeled an “independent contractor” on paper, but if you’re being told when, where, and how to do your job, you might legally be an employee, and that means you could be eligible for workers’ comp after all.

Third-Party Claims: Another Path to Compensation

Even if workers’ comp isn’t an option, you could still have a third-party personal injury claim. For example:

  • Were you injured due to a defective tool or piece of equipment?
  • Did another contractor’s negligence cause your fall or electrocution?
  • Was there a failure to follow basic site safety protocols?

If your injury was caused by someone other than your direct employer or by a general contractor, property owner, or manufacturer, you may have a valid claim for compensation. This can include coverage for medical bills, lost wages, and pain and suffering.

Real Help for Real Injuries

Construction injuries can be life-changing. Broken bones, head trauma, burns, and spinal injuries can leave you unable to work, and unsure how to pay your bills. It’s critical to talk with a lawyer who understands the construction industry and knows how to navigate these claims.

At Aversa & Linn, we’ve helped workers across the Philadelphia and South Jersey area get the compensation they deserve. We’ll look at the details of your case, investigate the site conditions, and fight for your rights.

It costs nothing to call us. And you don’t pay anything unless we win or settle your case.

Injury Prevention Tips for Independent Contractors

While we’re here to help after an accident, we also want to help you stay safe on the job. Here are a few quick safety tips:

  • Always wear the proper personal protective equipment (PPE)
  • Don’t bypass safety protocols — even when you’re in a rush
  • Keep communication open with other contractors on-site
  • Report hazards immediately and document them with photos
  • If you feel unsafe, speak up — your life is worth more than a paycheck

Hurt on a Job Site? Talk to a Lawyer Today

Just because you’re a subcontractor or an independent contractor doesn’t mean you’re out of luck after a construction injury. You still have legal rights and you may be entitled to financial compensation.

If you’ve been hurt on a job site in Philly or the surrounding areas, give Aversa & Linn a call. You will speak to a real person who will take the time to explain your options and fight to get you what you’re owed.

Have questions about your case? Contact Aversa & Linn today for a free, zero-risk consultation.