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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?

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, and penetration.

• 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 providers.

• 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 disability begins.

• 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' compensation benefits.

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.