Construction Accident Lawyers in Pennsylvania: Two Claims on One Site

Workers compensation for your employer, and usually a claim against somebody else on the site.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

A construction injury produces a workers compensation claim against your employer and, very often, a separate third party claim against whoever else contributed: the general contractor, another subcontractor, an equipment manufacturer or the property owner. The second claim pays pain and suffering, which compensation does not.

Multiple employers is the point

A site holds several companies at once. The trade that removed the guardrail, the contractor who controlled site safety, the supplier of the defective equipment and the owner directing the work are all separate from whoever pays your wages.

Workers compensation exclusivity protects your employer. It protects nobody else.

The statutory employer problem

Pennsylvania has a doctrine that can extend compensation immunity to a general contractor in defined circumstances, treating them as your employer and barring the claim.

It does not apply automatically. It turns on the contractual structure and the facts, and it is genuinely litigated. Do not concede it because somebody asserts it.

The recurring causes

  • Falls from height, the leading cause: scaffolding, ladders, roofs, unguarded openings.
  • Struck by falling material, vehicles and equipment.
  • Caught in or between, including trench collapse and machinery.
  • Electrocution, from overhead lines, temporary power and failures to lock out.

What to preserve

Sites change daily. Photograph the location, the equipment and the conditions immediately, and ask a coworker to do it if you cannot. Then ask for the site safety plan, toolbox talk records, inspection logs, the subcontractor agreements and the daily reports.

Those documents establish who was responsible for what, which is the whole question in a construction claim.

Undocumented workers

Immigration status does not remove entitlement to workers compensation benefits for a work injury in Pennsylvania, and fear of raising a claim is exploited on some sites. If this affects you or a family member, ask, because the assumption that nothing can be done is usually wrong.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

Can I sue anyone besides my employer for a construction injury?

Usually yes. General contractors, other subcontractors, equipment manufacturers and property owners are not your employer and are not protected by workers compensation exclusivity. That claim covers pain and suffering and full lost earnings, which compensation does not.

They said the general contractor is my statutory employer.

That doctrine can extend immunity to a general contractor in defined circumstances, but it does not apply automatically. It turns on the contractual structure and the facts and it is genuinely litigated, so it should not be conceded on somebody's assertion.

What should be preserved after a site accident?

Photographs of the location, equipment and conditions taken immediately, since sites change daily. Then the site safety plan, toolbox talk records, inspection logs, subcontractor agreements and daily reports, which establish who was responsible for what.

Does an OSHA citation help my case?

It is useful evidence and the inspection report is often a good roadmap, but it does not create your claim and its absence does not defeat one. OSHA governs the employer relationship, which workers compensation already covers separately.

I am undocumented. Can I still claim?

Immigration status does not remove entitlement to workers compensation benefits for a work injury in Pennsylvania. Fear of raising a claim is exploited on some sites, and the assumption that nothing can be done is usually wrong. Ask.

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Free case review

Tell us what happened. A named attorney reads every one, and you pay nothing unless we recover for you.

Step 1 of 2: what happened

Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980