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Many workers assume that workers compensation benefits are the end of the road in terms of financial compensation after an accident at work, such as on a construction site or worksite. This just is not the case.
While workers generally cannot sue their employers in tort, they absolutely can hold other parties liable. Both union and non-union workers have the ability to recover in tort against parties who were on the site and whose negligence contributed to the accident. On a large construction site, more than one party is often liable.
Example 1: Owner Liable for Failure to Provide Safe Workplace
Under Pennsylvania law, an owner may be held liable for an injury that occurs when a worker is injured on the site. When an owner undertakes the supervision or management of a worksite, the owner then assumes the duty to provide a safe work environment. For many large construction jobs, it is not uncommon for the owner to supervise the entire construction site, including planning, design, operations, etc. However, doing so may subject the owner to liability when an accident occurs.
Example 2: General Contractor Liable for Failure to Provide Safe Workplace
Under Pennsylvania construction site accident law, it is possible to hold a general contractor liable for failing to provide a safe workplace. An employee of a subcontractor may be able to hold the general or prime contractor liable. Common claims against a general contractor and/or an owner include:
- failing to provide a safe worksite,
- failing to inspect the worksite,
- failing to coordinate with subcontractors,
- failing to supervise the work properly,
- failing to train employees,
- failing to perform a safety analysis and/or employ a safety manager,
- failing to have safety policies in place, and
- failing to enforce safety policies.
In addition, there may be other viable claims. For instance, a maintenance company or a product manufacturer may be liable for a faulty piece of equipment. The key in any construction/worksite accident case is prompt investigation to uncover the actual cause of the accident.
Suggested reading:
- How to Find the Best Workplace Fall Accident Lawyer for Your PA or NJ Injury Case
- Three Mistakes You Don’t Want to Make in Your Pennsylvania or New Jersey Construction Accident Case
About Pennsylvania and New Jersey Construction Accident Lawyer -Jeff Laffey
Jeff Laffey is passionate about workers’ rights and accident safety. Learn about his 2012 workplace safety presentation to union members in Philadelphia. Jeff’s law firm proudly represents union and nonunion workers, such as:
- carpenters,
- plumbers,
- electricians,
- steel workers,
- iron workers, and
- laborers.
To submit your case for review by our Pennsylvania and New Jersey workplace fall accident lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis by working with local counsel. Our firm welcomes calls from local counsel to discuss a construction/worksite accident case.
Our accident attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; he County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
