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Philadelphia Construction Accident Lawyers

The Cochran Firm: Construction Accident Lawyer

Millions Recovered for Injured Victims of Construction Accidents

If you’ve been injured in a construction accident, you may be wondering if you have any legal recourse. Construction workers injured on the job generally cannot sue their employers for personal injuries due to Pennsylvania’s workers’ compensation laws. However, several exceptions allow injured construction workers to sue outside of the exclusive remedy of workman’s comp.

If you think you may have a case, it’s important to speak with an experienced construction accident attorney who can investigate your accident and determine whether you have a valid claim. Contact the construction accident lawyers at The Cochran Firm in Philadelphia to find out how we can help.

To see if you can sue your employer over a construction accident, consult with an experienced Philadelphia construction accident lawyer. Call 800-969-4400 today to schedule a free consultation.
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Why Choose the Cochran Firm’s Philadelphia Construction Accident Attorneys?

When Clients Rely on You, Justice Must Prevail.

Our law firm has been successful for over 50 years because we take on cases that we know we can win. We prepare thoroughly, do our research, and put in the work necessary to get true justice for our clients. When an insurance company tries to undervalue our client’s compensation, we prepare our legal team and ready your case for trial. We have the determination and the resources to see your case through to the end, and we are not afraid to take on construction companies or big insurance.

Our clients rely on us to get them the compensation they deserve, and we take that responsibility very seriously. If we lose a case, it is not just a financial setback for us, but a huge disappointment for our client who is struggling to recover from their construction accident. We believe that justice must prevail, and that is why we continue to win for our clients.

Experience Matters, Because Results Matter

PA Work Accident LawyerWe know that construction accidents can cause serious injuries and even death. Lawyers who represent injured people in these types of cases need to be knowledgeable about the unique laws and regulations that apply to construction accidents. They also need to be able to navigate the complex laws of workers’ compensation. Our attorneys have the experience and knowledge necessary to get our clients the best possible outcome in their cases. We understand that this is a difficult time for our clients and we will do everything we can to help them get the compensation they deserve.

Attorney Robert Miller has extensive experience with construction accident cases, representing clients in almost every court in Pennsylvania. His successes have earned him the rating of Top Attorney by Super Lawyers™ every year since 2018, and he has won many multimillion-dollar verdicts for his clients, including a landmark $227M verdict in a wrongful death case.

Everyone Should Have Access to Justice

We believe that everyone should have access to justice, regardless of their financial situation. That’s why we offer to take construction accident cases on a contingency basis, which means that we don’t charge any fees unless we win your case. We understand that many people are reluctant to pursue legal action because they’re worried about the cost of hiring a construction accident lawyer.

By taking cases on a contingency basis, we can help more people in Philadelphia get justice for their injuries and help give them the peace to start over again. On the other hand, working on a contingency basis gives us a strong incentive to win every case we take on. If we don’t obtain a favorable outcome for our clients, we don’t get paid. More importantly, taking cases on a contingency basis allows us to build trust and rapport with our clients from the very first day we meet. We are not interested in merely settling cases quickly; we are interested in getting the best possible results for our clients.

Construction workers need to consult with an experienced attorney after an accident to discuss all of their legal options. Contact The Cochran Firm in Philadelphia to discuss your case with a construction accident attorney today at 800-969-4400.

Our Philadelphia Construction Accident Lawyers Can Help Right Now

If you’ve been the victim of a construction accident, our attorneys at The Cochran Firm in Philadelphia can help build a firm foundation for your case right away.

  • Free legal advice. Our door is always open. Scheduling a 100 percent free consultation is the first step. We will answer any questions and clearly explain your rights under Pennsylvania law.
  • Medical treatment. Whether you are using workers’ compensation benefits or you are seeking medical treatment on your own, we can help guide you to the right doctors. Getting treatment is one of the most important things to take care of immediately after a construction accident.
  • Case investigation. Our team will immediately begin the crucial step of investigating your case and gathering evidence. In addition, we will determine who’s at fault, document your lost wages, and use experts to reconstruct how the accident happened.  
  • Handle the paperwork. We will correspond with the insurance company so you don’t have to. If anyone wants to take your statement, they can do it in our office while you are present. We will handle all other forms and releases that get sent to you so you focus on recovery, not headaches.
  • Settlement negotiation. We will negotiate a settlement with those responsible for your losses, including your employer, a manufacturer, or an insurance company. You need a maximum settlement to provide for your family, recover what you’ve lost, and pay for any future medical expenses.
  • Take legal action. We prepare every case as if were to go to trial. If there is a breakdown in negotiations or there is an unfavorable settlement offer, we will review the options with you and file a lawsuit if necessary. We will explain the trial process and the possible outcomes to you in detail.

Your consultation is free, and you won’t owe anything unless we recover damages for you. Call The Cochran Firm in Philadelphia now at 800-969-4400 to get started on a path for true justice.

Can You Sue an Employer for a Construction Accident?

In most cases, a construction worker who is injured in a workplace accident cannot take legal action for personal injury through the civil court system because of the Pennsylvania’s Workers’ Compensation Act, which has been in place since 1915. Typically, an injured construction worker’s only remedy is through workers’ compensation, which provides no-fault insurance for injured workers.

There is an exception, however, for injuries that result from an employer’s “intentional wrong” under the virtual certainty rule. In order to sue outside of the workers’ compensation system in Pennsylvania, an injured construction worker must show that the employer’s conduct went beyond a deliberate intent to injure; they must, instead, demonstrate that there was a substantial certainty that injury or death will result.

In other words, an intentional wrong must amount to a virtual certainty that bodily injury or death will result. A probability, or knowledge that such injury or death “could” result, is insufficient. Even if the evidence suggests that the construction company was negligent or even grossly negligent, that is not enough to bypass the workers’ compensation remedy and sue the employer for personal injury in civil court.

What Happens When You Sue a Construction Company in Philadelphia?

If you are a worker who has been hurt in a construction accident and you file a lawsuit to sue your employer for damages, it is almost guaranteed that the attorneys for the employer and their insurance company will file a motion for summary judgment opposing your lawsuit. These employer defense attorneys will argue that you are not allowed to sue in civil court because the Pennsylvania legislature intended your recourse for damages to be through the exclusive remedy of workers’ compensation insurance.  

However, when an injured employee sues an employer for a construction accident, and the employer moves for summary judgment based on the workers’ compensation bar, the trial court will consider the following questions:

  1. When viewed in a light most favorable to the injured employee, could the evidence lead a jury to conclude that the employer acted with knowledge that it was substantially certain that a worker would suffer an injury or death?

If the answer is yes, then the trial court must then determine:

  1. If the injured employee’s claims are proved, was the injury the type normally associated with industrial work life? or
  1. Does the injury go beyond the types of injuries that workers’ compensation laws were designed to protect?

PA Amputation LawyerThus, if a jury could conclude that the injured employee’s allegations would meet the virtual certainty rule, then the employer’s motion for summary judgment should be denied and the injured employee’s lawsuit should go forward.

On the other hand, if the injured employee cannot show that there was a substantial certainty that injury or death will result from the employer’s intentional wrong, then the employer’s motion will be granted. If the employer’s motion is granted, then the injured employee may have to pursue a claim through workers’ compensation if the decision is not appealed.

Construction Accident Third-Party Lawsuits

What is a third-party lawsuit? This type of lawsuit is filed against a party other than your employer.  The following are some examples of when an injured worker can sue a third party in a construction accident:

  • Defective Products. If you were injured by a defective tool or machine, you could file a lawsuit against the manufacturer under product liability law. Other defective products can include scaffolding, ladders, and safety equipment.
  • One example is if a subcontractor creates a hazard and does not warn other workers of the danger and someone is injured, their carelessness could be the basis of a third-party lawsuit.
  • Automobile Accidents. If an employee is injured due to an accident involving a vehicle while on the job, after the workers’ compensation case has been settled, the injured worker could sue the at-fault driver for additional damages in a personal injury
  • Lack of Workers’ Compensation Insurance. If your employer did not have a workers’ compensation policy at the time of your construction accident, you may sue for damages in civil court.

Speaking with a Pennsylvania construction accident attorney before taking any legal action is important. The Cochran Firm in Philadelphia can help you with the next steps. Contact us today at 800-969-4400.

Answers to Frequently Asked Construction Accident Questions

Our Philadelphia Construction Accident Lawyers Answer the Following Common Questions from Injured Workers

Anyone who works in the construction industry is at risk for accidents, but some workers are more vulnerable than others. For example, those who work on scaffolding or roofs are at a higher risk for falls, while those who work with power tools or electrical equipment are at a higher risk for electrocutions. Workers who perform manual labor tasks are also at a higher risk of being struck by an object or suffering from muscular strains and other injuries.

Pennsylvania law defines personal injury as an injury resulting in death, serious impairment of a body function, permanent serious disfigurement, physical damages, mental damages, or an aggravation of existing injuries. See 18 Pa. Stat. § 11.103, 75 Pa. C.S. § 1702. Pregnancy can also be a personal injury when it is the result of a crime. 18 Pa.C.S.A. § 1106(h)

When someone submits or files a claim for personal injuries, they are seeking money for an injury or harm caused by another person, product, animal, or entity. Typically, personal injury claims are based on negligence, intentional torts, strict liability, criminal acts, or defamation.

Many factors determine the worth and value of a personal injury claim, and every case is different. A judge, jury, or insurance company may all evaluate a claim differently, but they will usually base their decision on the following details:

  • The liability and fault of those involved
  • The severity of your injuries
  • The amount of your damages
  • Interpretations of the law and jury instructions
  • The conduct of the defendant
  • The quality of expert testimony and evidence
  • Your likeability and credibility to the jury
  • Past verdicts and awards of similar cases.

According to the statute of limitations in Pennsylvania, you generally need to file your personal injury case within two years of the date of the injury or the date when the injury becomes known; however, there are some distinctions to this rule if the victim is a minor or the victim dies and the family wishes to file a wrongful death or survivorship claim.

If a defendant asserts that you are partially at fault for your injuries, the defendant must show that you failed to use proper care for your own safety. If a jury assigns a percentage of fault to your personal injury claim, your recovery will be reduced in proportion to the amount of negligence attributed to you. For example, a person is struck by a car while jaywalking. The defendant alleges the jaywalker’s negligence is to blame for some of their injuries. A jury finds the jaywalker is 40 percent at fault. The judge then reduces the jaywalker’s compensation by 40 percent of the total award amount. See 42 Pa. C.S. § 7102.

According to Pennsylvania Code 31 Pa. Code § 146.9, if an insurance company wishes to reduce or deny a personal injury claim based on comparative negligence, then the insurance company must fully disclose to the claimant the reason for the reduced offer or denial based on facts or the law. Moreover, insurance companies may not use comparative negligence unfairly or use comparative negligence to force claimants to file a lawsuit in order to get the compensation they were already entitled to receive. This type of insurance company bullying or manipulation will often result in attorneys filing bad faith claims against insurance companies.

A Word from the Construction Accident Lawyers in The Cochran Firm in Philadelphia

Successful Attorneys Helping Their Clients Overcome the Obstacles in Their Lives

Many personal injury attorneys can potentially represent victims of construction accidents in Pennsylvania. The Cochran Firm has over 50 years of Providing Justice Through Compensation™, and we invite you to consider choosing our firm of dedicated construction accident lawyers and see why The Cochran Firm in Philadelphia has a long-standing reputation for attracting some of Pennsylvania’s top attorneys. Being the best also means being an empathetic advocate, with a love for representing and serving our injured clients.

With every client, we strive to get the best possible outcome so they can start again instead of just fighting to survive. No matter how many questions you ask, or how many concerns you need to resolve, we are here to help you to go above and beyond and get true justice.

Contact us by calling 800-969-4400 or by using our online form. It would be our honor to have you as a client and be part of the legal legacy that started over 50 years ago and will continue well into the future.