Can Construction Workers Get Workers’ Comp and Sue in Pennsylvania?

Construction work is one of the most dangerous jobs in Pennsylvania. With heavy equipment, high scaffolding, and fast-paced job sites, injuries are unfortunately all too common. If you’ve been hurt on the job, you may be wondering: Can construction workers get workers’ comp and also file a lawsuit in Pennsylvania? The answer depends on who is responsible for your injury, and a qualified Pennsylvania construction accident lawyer from Edelstein Martin & Nelson can help you understand your rights.

Workers’ Compensation: The First Line of Recovery

In Pennsylvania, most injured construction workers are covered under the state’s workers’ compensation system. This no-fault insurance provides benefits regardless of who caused the accident, so long as the injury occurred in the course of employment.

Workers’ comp benefits may include:

• Medical care for your injuries
• A portion of lost wages (usually two-thirds of your average weekly wage)
• Disability benefits if your injuries are long-term or permanent

While workers’ compensation is a critical resource, it does come with limitations. You cannot recover compensation for pain and suffering, and you generally cannot sue your employer for additional damages.

When Can a Construction Worker Sue in Pennsylvania?

Although workers’ compensation limits lawsuits against employers, third-party lawsuits are often possible on construction sites. These are claims against someone other than your direct employer who may have contributed to your injury.

Common third-party claims include:

• A general contractor failing to maintain a safe job site
• A property owner who ignored known hazards
• A manufacturer of defective equipment or machinery
• A subcontractor whose negligence caused your accident

If any of these third parties were responsible for your injury, you may be able to sue for full compensation, including pain and suffering, full wage loss, and long-term care costs. A skilled workplace injury attorney in Pennsylvania can evaluate your case and determine whether a third-party claim is viable.

Why Pursuing Both Workers’ Comp and a Lawsuit May Be Worthwhile

Workers’ compensation only covers part of what many injured workers need to recover physically and financially. Pursuing a third-party lawsuit allows injured construction workers to seek damages that are not available through workers’ comp alone.

These may include:

• Pain and suffering
• Loss of enjoyment of life
• Full wage loss and future earning potential
• Emotional distress

Even if you’re already receiving workers’ comp benefits, you may still be eligible to file a lawsuit for additional compensation—if a third party played a role in your accident. These claims can significantly increase your overall recovery.

How a Pennsylvania Construction Accident Lawyer Can Help

Construction injury claims are rarely simple. Multiple parties may be involved, and determining who is liable requires a thorough investigation. Insurance companies and employers often try to shift blame or minimize payouts. An experienced Pennsylvania construction accident lawyer can help you:

• Identify all potential sources of liability
• Collect and preserve evidence from the job site
• Navigate both your workers’ comp and personal injury claims
• Handle negotiations with insurers and file a lawsuit if needed

Without legal guidance, you could miss out on substantial compensation that you’re legally entitled to recover.

Get Legal Help From Edelstein Martin & Nelson Today

If you or a loved one has been injured on a Pennsylvania construction site, you don’t have to choose between workers’ comp and a lawsuit, since you may be entitled to both. Our knowledgeable Pennsylvania construction accident lawyer at Edelstein, Martin, and Nelson can evaluate your case and help you pursue every avenue for recovery.

Call us at (215) 731-9900 today to schedule a free consultation with our legal team and to protect your right to full and fair compensation.