Construction Injuries Workers' Compensation vs. Personal Injury Claim

If you have been injured while working at a construction site, you maybe be wondering whether it is in your best interest to file a workers’ compensation claim, personal injury lawsuit, or both. The circumstances that lead to a construction accident injury, along with the documentation and other evidence involved in the case, will help determine the best course of action for workers injured on the job.Our Pennsylvania, Philadelphia, and New Jersey personal injury attorneys can investigate your case and advise you of your legal options, which may include:

A Workers’ Comp Claim against the Employer


If the injury that occurred while on the job at a construction site was not caused by another party’s negligence, the employee may file a workers’ compensation claim against the employer. In workers’ compensation claims, the injured party must show that the injury occurred while he or she was working. There is no need to establish negligence in workers’ compensation claims. Instead, we will gather evidence that shows the injury happened at work, as well as the nature and extent of the injury. The types of injuries that may result in a workers’ comp claim can include repetitive stress injuries, back injuries, neck injuries, herniated or ruptured discs, and strained muscles or tendons. These injuries may be caused by repeating the same motions day after day or by lifting heavy materials on a daily basis.

A Workers’ Comp Claim against the Employer and a Personal Injury Claim against a Third Party


If you suffered an injury at work that was due to the negligence of a third party, you can file a workers’ comp claim against your employer, and a personal injury lawsuit against the third party you believe to be at fault. In this scenario, the injury caused to the worker may be the result of:


    • A defective product; the injured worker could then file a personal injury claim against the manufacturer, wholesaler, or supplier of the defective product.


    • Another construction company working at the same site, in which case the injured party could file a personal injury claim against the other company.


    • Unsafe premises; in this case, the property owner may be at fault for personal injury.


A Personal Injury Claim against the Employer


If the injury suffered by the worker is due to fault on the part of the employer, the worker can file a personal injury claim, instead of a workers’ compensation claim, against the employer. The advantage of a personal injury claim is that more damages can be awarded in these cases; there are fewer caps placed on compensatory damages (those that can be awarded for lost wages and medical expenses), and the injured party can be compensated for pain and suffering. The disadvantage of personal injury claims is that the plaintiff is required to establish negligence on the part of the employer; this is considerably more difficult than merely proving that the injury occurred at work, as is the case with workers’ compensation cases.

A Personal Injury Claim against the Employer and Third Party/ies


If there is sufficient evidence to prove negligence against the employer and third party/ies, you can file a personal injury lawsuit that names all of these parties.

The Pennsylvania, Philadelphia, and New Jersey construction accident lawyers of Locks Law can review your claim and advise you on the best course of legal action. Contact us for a case evaluation.


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