Construction Workers Bill of Rights in regard to Construction Site Accidents
Is it appropriate to retain a Pennsylvania Lawyer for your construction
site accident injury?
As a construction worker – you have the right to:
Work on and around heavy equipment that is consistently and properly maintained.
Work at a job site where your employer or sub-contractor doesn’t cut corners or
make unsafe demands that endanger you and your fellow workers.
Work on a job site where as a construction worker you have frequent safety
meetings, have input on pending hazards, and are properly trained in ongoing
construction site safety procedures.
Wear mandated industry standard hard hats, harnesses, boots, goggles, masks,
breathing apparatus, and other safety apparel and equipment free of rips, tears,
Be seen by your own doctor; this includes any chiropractor, podiatrist, or
psychologist licensed to practice in the state of Pennsylvania. Frequently,
employers recommend that injured workers see the company doctor or go to the
company clinic for treatment. You have the right to refuse treatment by company
doctors or clinics.
Obtain a second medical opinion. If you are not happy with your first choice of
a doctor, you have the right to obtain a second medical opinion. Technically,
you are allowed only one additional choice of doctor. However, an exception can
be made by getting a referral or a series of referrals to other health care
Refuse to provide a tape recorded or written statement. Under the Workers'
Compensation Act, you are under no obligation to provide a statement. Beware:
Insurance adjusters are trained to elicit seemingly harmless but actually
damaging information. If a statement is written or recorded it can create
problems that can last forever.
Be rehired following a work-related injury. An employer may be found liable for
up to one year's wages if, without reasonable cause, the employer refuses to
rehire you after you sustain an industrial injury when there is suitable
employment available within your physical limitations.
Benefit by vocational rehabilitation if no employment can be found within your
limitations. If you sustain a permanent injury and are unable to return to work
with your employer, contact your local Pennsylvania Office of Vocational
Rehabilitation regarding vocational assistance for injured workers.
Receive timely Workers Compensation payments no later than 14 days after
Make a third party claim; under the Workers' Compensation Act, your employer and
co-employees are immune from lawsuit. The sole obligation of the employer for
work-related injuries is for workers' compensation benefits. However, you can
bring a legal action against a third party such as a sub-contractor, equipment
maker or leaser, defective safety equipment, (and so forth) who has caused or
contributed to your injuries.
When possible, always consider a third-party action. Third-party actions allows
for recovery of general damages, which far exceed Pennsylvania workers'
Now is the time to contact a Pennsylvania lawyer knowledgeable about
construction accident settlements. Monheit Law partners with a larger
Philadelphia law firm who settled a $14 million lawsuit, the largest of its kind
in Delaware. Contact us for a free legal consultation so we
can determine what your legal options are.
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