Free consultation with an injury lawyer. Call 412-802-6666, text 412-855-5511, or send us a message.
Hurt on a construction site? Who you worked for can change everything about your case.
Since 1997, the attorneys at Flaherty Fardo Rogel & Amick have represented injured people and their families throughout Pittsburgh and Western Pennsylvania. We work closely as one team. Every case that heads toward trial has the whole team behind it. Construction sites bring together owners, general contractors, subcontractors and equipment suppliers. Sorting out who is responsible, and who can be sued, is the first job in every construction case.
Were You an Employee, a Subcontractor’s Worker or a Visitor?
- An employee of the company you were working for. Workers’ compensation is generally your only remedy against your own employer (77 P.S. § 481(a)). You may still have a claim against others on the site.
- An employee of a subcontractor. Your own employer’s workers’ compensation applies. A general contractor or other company above your employer may also be treated as your “statutory employer” and be immune from suit, even if it never paid you benefits. Other subcontractors, equipment makers and outside companies may still be sued.
- A visitor or passerby, not working. Workers’ compensation does not apply. You may bring an ordinary injury claim against the owner, contractor or anyone else whose carelessness caused the harm.
Whether a company is a statutory employer depends on the contracts and the facts. It is one of the first things we sort out.
Common Construction Accidents
- Falls from ladders, scaffolds, roofs and unguarded edges
- Being struck by falling tools, materials or moving equipment
- Trench and excavation collapses
- Electrocution
- Crane, lift and heavy equipment accidents
- Defective tools, guards and safety gear
Safety Rules on the Job Site
Federal OSHA rules set minimum protections for construction work. For example, workers on surfaces with unprotected sides or edges 6 feet or more above a lower level generally must be protected by guardrails, safety nets or personal fall arrest systems (29 C.F.R. § 1926.501(b)(1)). Safety plans, inspection reports and OSHA records can show who knew about a hazard and did nothing.
Workers’ Compensation and Your Injury Claim
- Limits. Workers’ compensation benefits are limited. When someone other than your employer caused the injury, you may also have a separate claim against them. We refer workers’ compensation claims to other counsel.
- A third-party claim against someone other than your employer can recover full damages, including pain and suffering.
- The comp lien. Your employer’s insurer is generally repaid from a third-party recovery for the benefits it paid (77 P.S. § 671). We plan for that from the start.
We do not handle workers’ compensation claims ourselves. If you need a workers’ compensation lawyer, we can refer you to one we trust, and we can pursue any injury claim against a third party, such as an equipment maker, property owner or another contractor.
More on how these claims fit together: workplace accidents.
After a Construction Injury: What to Do
- Get medical care right away.
- Report the injury to your employer in writing, as soon as possible.
- Write down the names of witnesses, your foreman, and every company working on the site.
- Photograph the scene, the equipment and any missing guardrails or protections, if you can safely.
- Call a lawyer before giving a statement to any insurer other than your employer’s workers’ compensation carrier.
Pennsylvania Rules You Should Know
- Two deadlines. The employer must be told about the injury within 120 days for workers’ compensation. A third-party injury lawsuit generally must be filed within two years.
- Shared fault. In a negligence claim, you can recover if you were 50% or less at fault. Your award is reduced by your share.
- Defective products. A manufacturer or seller can be held responsible for a defective product. A design defect can be shown by what an ordinary consumer would expect, or by weighing the risks of the design against the cost of a safer one.
- No cap. Pennsylvania does not cap compensatory damages in these cases.
How We Build Construction Cases
- Map the job site. We gather the contracts, subcontracts and site plans to learn who controlled the work and who can be sued.
- Preserve the evidence. Equipment, scaffolding and site conditions change fast. We move to keep them as they were.
- Experts when they matter. Construction safety and engineering witnesses explain what should have been done.
- Trial-ready. Contractors and their insurers know we are prepared to try cases to a jury.
What You Can Recover in a Third-Party Claim
- Past and future medical expenses
- Full lost wages and reduced earning capacity
- Pain, suffering and loss of life’s pleasures
- Scarring, disfigurement and permanent disability
- Wrongful death and survival damages for the family of a worker killed
Representative Results
- More than $700,000 in a product liability case against an international equipment manufacturer. The case required depositions of key witnesses abroad.
See more case results. Every case is different. Past results do not guarantee or predict a similar outcome.
Related Cases We Handle
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
