Accidents are common in the construction industry. Whether someone falls from a high structure, a scaffolding caves in, or a piece of heavy machinery malfunctions, injuries on construction sites are usually severe.
Between hospital bills and missed workdays, construction-related injuries can be costly. However, the compensation you might recover from a personal injury lawsuit could make your recovery less stressful. Fortunately, a Bala Cynwyd construction accident lawyer could help you pursue compensation.
Types of Construction Mishaps
Because they often involve heavy machinery, heights, large equipment, and dangerous tools, injuries construction workers sustain can last a lifetime. They are even fatal in some cases.
What is perhaps saddest about construction accidents is that they are usually preventable. If someone’s reckless or negligent behavior causes a mishap that leads to an injury on a construction site, that person might be liable for the resulting damages.
Construction sites are hazardous, and although most workers understand the risks and the required safety precautions, they can still encounter accidents like:
- Structural collapses
- Falling objects
- Crane injuries
- Machinery malfunctions
Many events can instigate construction accidents. For example, improper equipment maintenance or storage, forgetting to shut off a machine, working when tired or distracted, slipping and falling, and countless other instances can cause a situation that results in someone getting hurt.
A skilled attorney in Bala Cynwyd can determine who is responsible for the incident that resulted in the plaintiff suffering harm on a construction site.
What if the Plaintiff is Partially Responsible?
If someone injured on a construction site proceeds with a lawsuit, they will need to prove the at-fault party was negligent. Additionally, they must prove that the defendant was at least 50 percent responsible for the accident.
Pennsylvania operates by a comparative negligence policy, as outlined in 42 Pa. C.S. § 7102, which means that both the defendant and the plaintiff can share responsibility for an accident. The court will reduce the plaintiff’s potential compensation if it finds them to blame in any way.
As long as the plaintiff has a lower percentage of fault than the defendant, they could still receive compensation. If their percentage of fault is 50 percent or more, they can no longer pursue damages.
Alternatives to Filing a Construction Site Accident Lawsuit
Because most construction accidents involve employees, they typically have the option of filing for workers’ compensation. They should not need to file a lawsuit to obtain workers’ comp benefits unless their employer refuses to pay the benefits for some reason. However, they will need to inform their employer of the accident within 120 days of being injured and have three years from the injury date to file a workers’ compensation claim. Speaking with a construction accident attorney in the area as soon as possible could help plaintiff’s avoid missing this deadline.
Contact a Bala Cynwyd Construction Accident Attorney Today
Depending on the exact circumstances of your case, you may wish to file a workers’ compensation or civil claim to seek compensation after being harmed on a construction site. Regardless of which path to financial recourse you take, a skilled attorney could be beneficial. Call today to speak with an experienced Bala Cynwyd construction accident lawyer.