Time Limit for Filing a Construction Accident Claim
Here in Pennsylvania, the statute of limitations for personal injuries is two years from the date of the accident. There may be exceptions to this rule, so it is important to act quickly if you or a loved one has been injured in a construction site accident.
The notice deadline is much shorter for workers’ compensation. Injured workers are generally required to give their employers notice of their injuries within 21 days. However, if a worker is denied workers’ compensation benefits, they have up to three years to file a worker’s compensation claim.
If this seems confusing, you are absolutely right. These laws and other legal rules are best handled by an experienced construction accident injury attorney, like the team you can find at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. We are available to discuss the timeline for taking legal action in your case right away so that you can rest assured that your case is being handled professionally and with the best chances of success.
Who Can Be Held Responsible for Occupational Injuries?
Many injured workers may be eligible for workers’ compensation benefits. Workers’ compensation insurance covers work-related injuries sustained by a company’s employees, regardless of fault. Even if you did something wrong – and your employer didn’t do anything wrong – you could still be entitled to workers’ compensation.
If a negligent property owner, contractor, or another third party caused the accident, you could collect workers’ comp benefits and potentially pursue legal action against them. This is what is known as a third-party injury claim. Because many different companies, contractors, and projects can be present on a job site at the same time, there are many potentially liable parties. For example, a catastrophic accident may result from product defects in a piece of equipment, such as a forklift.
In this case, the forklift manufacturer could be held liable for negligent design or manufacturing. The company is responsible for maintaining the equipment and the company that purchased it may also be liable. Determining liability and seeking compensation for a construction accident can quickly become complicated.
It is always best to discuss your situation with a knowledgeable lawyer who can review the specifics of your construction site accident. Your attorney will identify all potentially responsible parties who might owe you compensation. It is important to always review any type of construction site accident claim – workers’ comp or otherwise – with an experienced attorney so that you can rest assured that you are taking the best possible legal action for your circumstances.
Compensation for a Construction Site Injury
If you are hurt in a construction accident, you may be eligible to receive compensation for your injuries and other damages. This can help you pay for the medical treatment you need and the adjustments you may need to make due to your injuries.
Workers’ compensation benefits are generally limited to the payment of related medical bills and partial replacement of lost wages. If you have a valid third-party claim, you could recover additional compensation. The following types of compensation may be available in a personal injury claim over a construction site accident:
Medical bills, including rehabilitation, physical therapy, and prescriptions
Lost wages due to time missed from work
Pain and suffering, which is calculated according to your specific injuries
Loss of future earning potential
Loss of consortium
Loss of quality of life
Disfigurement
While receiving compensation for your damages after a work accident is never a guarantee, a knowledgeable construction site accident attorney at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., can review your specific injuries to calculate what your case may be worth. Then, we can help you take the proper legal action for the best chances of success to seek the money you deserve for your injuries.
Talk to a Philadelphia Construction Accident Attorney Now
If you sustained catastrophic injuries in a construction site accident, our attorneys are ready to explain your legal options. Depending on the circumstances, you may be entitled to workers’ compensation as well as other damages through a third-party claim. Our exceptional lawyers can guide you through the legal process so that you can focus on your recovery and your family.
At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we have a history of success with these kinds of claims. Our attorneys achieved one of the largest settlements in U.S. history in a case concerning the collapse of the Tropicana parking garage in Atlantic City. Due to contractor negligence, the garage’s supports failed, killing five and injuring 30 others. This case, which took four years to complete, involved many defendant companies and eventually settled for $101 million.
While we cannot guarantee a $100 million settlement in each situation, your case could still be worth a great deal. Contact our law firm today to speak with a knowledgeable Philadelphia construction accident lawyer about your potential case. We offer free initial consultations and handle cases on a contingency fee basis — you do not have to pay us unless we get results for you.