Construction is Philadelphia’s most dangerous ordinary work — and the industry’s layered structure (owners, GCs, subs, equipment vendors) is exactly what makes injured workers’ legal rights bigger than they’re told. Workers’ comp pays regardless of fault; the lawsuit against everyone who isn’t your employer pays what comp doesn’t.
The Dual Track, Applied to Construction
- Comp first, always. Report within 120 days, benefits through the PA system — our workers’ comp practice handles denials and disputes.
- Then the third-party map. General contractors and site controllers with safety duties, other subcontractors’ crews, equipment and scaffold manufacturers (product liability), and property owners — none of them are shielded by comp exclusivity, and OSHA standards frame their duties.
- The Big Four hazards — falls, struck-by, caught-between, electrocution — are OSHA’s own list, and each maps to a known set of violated precautions when it happens.
- Union and wage realities — lost overtime, annuity and benefit impacts belong in the damages math, not outside it.
Our posts on construction-industry safety norms and suing an employer for negligence cover common scenarios; the work injury page covers the third-party doctrine generally.
Frequently Asked Questions
My employer says comp is all I get. True?
True only about your employer. Everyone else on a multi-employer site — GC, other subs, manufacturers, the owner — remains suable, and serious construction injuries usually involve at least one of them. That’s the analysis worth a free hour.
I’m undocumented. Do I have rights after a site injury?
Workplace injury protections apply to workers regardless of immigration status, and consultations are confidential. Don’t let anyone use status to talk you out of a claim — talk to a lawyer first.
OSHA cited the site. Does that win my case?
It helps substantially — citations evidence the safety failure — but civil liability and damages are still built separately. Conversely, no citation doesn’t mean no case.
How long do I have to file?
Generally two years under Pennsylvania law — with a six-month written-notice requirement for claims against government entities and special rules for minors and late-discovered injuries. Evidence fades faster than any deadline.
What does hiring you cost?
No attorney’s fee unless we recover for you; the contingency percentage and case-cost handling are in the written fee agreement you review before signing. Consultations are free.
Ready to talk about your case? Call (215) 464-4600 or contact us online for a free, confidential consultation — contingency fee, no attorney’s fee unless we recover, costs explained in the written fee agreement.