Pennsylvania construction workers are well aware that their occupation is a risky one. According to the U.S. Department of Labor, OSHA has reported that in 2011 there were 738 on-the-job fatalities as a result of construction accidents. Falls, electrocutions, workers caught between or in dangerous places, and objects hitting workers are significant contributors to construction worker deaths.
Determining who is at fault for construction deaths and injuries can be complicated, as there are three different measures that courts apply. These measures are based on levels of negligence and vary among the states.
The first measure requires the injured party to be completely free of fault in order to be able to recover damages. The second looks at comparative fault, and any reward is reduced in proportion to the level of fault of the injured party. The third model is a modification of comparative fault, where in general the injured party cannot recover if found to be at least 50% at fault. Other factors that some courts often consider include the amount of control the property owner has over the work process, compliance with state labor laws, and the existence of safety hazards.
When a Pennsylvania worker is injured in a workplace accident, he or she may need assistance in obtaining financial redress for those injuries. An attorney with experience in workers’ compensation may be able to provide the worker with assistance in pursuing the remedies that may be available. Such an attorney may also be able to determine whether compensation for any resulting lost wages, medical expenses, and the costs of necessary rehabilitation may be available for that worker.
Source: Huffington Post, “Construction Accident on Your Property: Legal Options“, Kiernan Hopkins, September 10, 2013