Stroudsburg Construction Accident Attorney
Construction workers in Stroudsburg are regularly exposed to workplace hazards that could result in life-altering injuries, or even death. As such, it’s critical that those individuals working in the construction industry understand their rights in the injury context, and to what extent they are entitled to recover damages as compensation for their injuries. Consulting with a Stroudsburg construction accident attorney at our law firm will help you make sense of your claim and will set your case in motion.
Common Injuries at Stroudsburg Construction Sites
Construction accidents are among the most common in the state of Pennsylvania and throughout the country at-large. According to a Bureau of Labor Statistics (BLS) study that was reported on by the Occupational Safety and Health Administration (OSHA), in 2015 alone construction accidents were the leading cause of private sector workplace deaths, accounting for 21.4 percent of total fatalities.
Common on-site construction injuries include, but are not necessarily limited, to:
- Falling injuries
- Crushing injuries (i.e., getting stuck between two heavy objects)
- Impact injuries (i.e., from swinging objects)
- Chemical injuries
- And more
Risk factors include:
- Inadequate training
- Failure to provide proper safety equipment
- Dangerous condition of property
- Failure to adhere to OSHA and state workplace safety regulations
- Inadequate supervision of the worksite
- Negligent scheduling of workers
- Inadequate lighting
- And more
Construction Safety Violations Explains by Our Stroudsburg Construction Accident Attorney
OSHA, as part of its research mandate, has detailed the ten most frequently cited standards violations in the year 2018:
- Fall protection: Falls from platforms, elevated workstations, or into holes.
- Hazard communication: Failure to communicate information about hazardous material in an understandable manner.
- Improperly constructed scaffolding.
- Inadequate respiratory protection.
- Inadequate control of hazardous energy, such as electrical, mechanical, hydraulic, pneumatic, chemical, and thermal energy.
- Defective ladders or inadequate ladder safety training.
- Defective or improper use of forklifts.
- Inadequate training regarding fall protection.
- Defective machinery and inadequate machine guarding.
- Inadequate eye and face protection.
These violations likely sound familiar to construction workers. It is dangerous work. Still, it does not have to be as dangerous as it is. In fact, our Stroudsburg construction accident attorney notes that business owners have a legal duty to provide a safe working environment. According to the OSHA ACT of 1970, Section 5:
- “Shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; and
- Shall comply with occupational safety and health standards promulgated under this Act.” (29 U.S. Code § 654)
Still, OSHA believes that progress is being made. Specifically, OSHA states:
“In more than four decades, OSHA and our state partners, coupled with the efforts of employers, safety and health professionals, unions, and advocates, have had a dramatic effect on workplace safety. Worker deaths in America are [down on] average, from about 38 worker deaths a day in 1970 to 14 a day in 2017. Worker injuries and illnesses are [down from] 10.9 incidents per 100 workers in 1972 to 2.8 per 100 in 2017.”
Workers’ Compensation in Pennsylvania
If you are injured in a workplace construction accident in Stroudsburg or elsewhere, you may be covered by workers’ compensation, and as such, whether or not the accident was caused by the negligence of your employer, you will be entitled to receive workers’ compensation benefits to account for wage loss, medical expenditures, and other losses. Workers’ compensation does require you to relinquish any and all claims you would have brought against your employer, however. Your Stroudsburg construction accident lawyer will better explain the specifics of your claim during your consultation.
Third-Party Liability in Construction Accident Claims
Even if you collect workers’ compensation benefits, you may be entitled to sue and recover damages from liable third-parties.
For example, suppose that you suffer injuries due to a fall you sustained while straddling a ladder at a construction site. You are receiving workers’ compensation benefits for wage loss and medical expenses, but you also have a claim against the ladder manufacturer for selling a defective product — the ladder is defectively designed and has poor stability, which resulted in your injuries. You can sue and recover additional damages from the manufacturer, so long as you can prove that the product is defective.
Defective Equipment in Pennsylvania Construction Accidents
Defective equipment is one of the leading causes of construction accidents and is generally categorized as:
- Manufacturing defects, including lack of quality control and/or inferior materials,
- Design defects, such as poor or lack of safety features, and
- Defective warnings.
These types of defects can be further compounded by lack of proper training, lack of proper upkeep and repairs, and poor documentation and/or maintenance procedures.
On a construction site, defects can critically affect essential equipment, such as forklifts, cranes, tools, and scaffolding. Accidents caused by defective equipment are blameless for the construction worker, yet it is the worker who suffers. Workers have a critical self-interest in reporting defective equipment to management, and management has an absolute duty to remove, replace, or repair defective equipment. Simply eliminating this type of accident can make the workplace significantly safer.
Connect With a Stroudsburg Construction Accident Attorney Today
If you have suffered injuries in a construction accident, you may be entitled to recover damages to compensate you for your injuries, in accordance with Pennsylvania law, whether or not you suffered injuries while on-the-job. Litigating a construction accident claim can be rather complicated, however, and a favorable resolution to your claims is more likely with the aid and guidance of an experienced Stroudsburg construction accident attorney who has a track record of success in obtaining compensation for a range of clients.
The statute of limitations in Pennsylvania for workers’ compensation claims is three years, and is two years for personal injury claims (that would be brought against a liable third-party). As such, it’s important that you contact a qualified attorney as soon as possible so that your claims can be assessed and filed in a timely manner.
Call in today at 570-421-8119 to schedule a consultation with one of the experienced attorneys here at Drake, Hileman & Davis, PC. Initial consultation is free. During this consultation, we will assess your various construction accident claims and help you to develop an effective litigation strategy for recovering the compensation you deserve.