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