Altoona
Construction Accident Lawyer

On This Page

1. Why Hire a Construction Accident Lawyer for a Worker’s Compensation Case?
2. Construction Accident Benefits
3. Construction Accident Claim Denials
4. Construction Accident Personal Injury Claims
5. Common Types of Construction Accident Injuries
6. Don’t Wait to Get Started on Your Construction Accident Claim

REVIEWED BY

C. William Kenny

February 02, 2023

Board certified by National Board of Trial Advocacy

Construction workers in Altoona are protected by statewide labor laws. If you were injured on a job site, you have the right to file a workers’ compensation claim. Non-employees who were injured on construction sites may also be eligible for compensation. If you’re struggling physically, emotionally, and financially because of a construction accident injury, our Altoona personal injury lawyers can help you pursue financial recovery.

At Berger and Green, we are here for those in need. If your claim was denied, or if you’re struggling to file for the first time, our team can help. An Altoona construction accident lawyer from our firm can guide you through the legal process and fight to protect your rights. 

Why Hire a Construction Accident Lawyer for a Worker’s Compensation Case?

Construction accidents are typically workers’ compensation cases. In an ideal world, you submit a request for workers’ compensation, your employer and their insurer accepts it, and you receive reimbursement for your economic losses. However, hiccups can derail a claim and prevent you from receiving compensation – maybe your claim was denied, or you believe that you aren’t receiving the correct amounts.

While you can represent yourself during workers’ compensation case proceedings, keep in mind that these matters are complex. Similarly, your employer or employer’s insurance will certainly have an attorney of their own. 

You don’t need to face an opposing legal team alone. If your construction accident case has gone awry, we can help. We can explain your options and discuss your next steps. These are the services an Altoona construction accident lawyer from our firm can provide you:

• Ensuring you meet your deadlines
• Fighting unfair denials
• Fighting early withdrawals of benefits
• Gathering relevant evidence
• Pursuing legal action against a third party, if possible
• Managing communications and settlement negotiations

Our Payment Plan

If you’re seeking legal representation after a construction accident, it’s likely because you’re not receiving fair compensation for your injuries. Maybe you’re struggling to make ends meet or can’t keep up with medical expenses. At Berger and Green, we recognize that you might be in a tough financial position.

For this reason, we provide our services on a contingency-fee basis. Hiring an Altoona construction accident lawyer from our firm costs nothing upfront, and we don’t get paid until we win your case.

Construction Accident Benefits

Per the Pennsylvania Department of Labor & Industry, these are the types of compensation you can receive if you were injured on the job:

• Death benefits: If you are a dependent filing on behalf of a lost loved one, you may be entitled to compensation.
• Lost wages: If your construction accident disabled you, workers’ compensation can provide a replacement for lost wages.
• Medical care: Any medical care associated with your construction accident injury can be covered by workers’ compensation.
• Specific loss benefits: If you suffered a specific loss, like disfigurement, or amputation, you may be entitled to additional compensation.

During an initial case review, our team can discuss which benefits apply to your case. Keep in mind that every case is unique, meaning that these benefits are only available if they apply to your specific case. 

How Much Are Workers’ Compensation Claim Weekly Payments?

Altoona worker’s compensation laws are based on average weekly wages (AWW). AWWs refer to your income prior to being injured. The amount you can receive depends on the average of your wages before the accident.

If you’re uncertain about which bracket your wages fall into, our attorneys can help you decipher your potential compensation for your workers’ compensation claim.

Construction Accident Claim Denials

There are a few reasons your claim may be denied, including:

• You did not give notice of your injury within the allotted time frame
• Your employer claims your injury didn’t take place at work
• You didn’t provide sufficient evidence of your injuries

Dealing With a Claim Denial

If your claim was denied, you can file a claims petition, which initiates the appeals process. The flow of a PA workers’ compensation claim appeal includes:

• Workers’ compensation hearing
• Workers’ compensation alternative dispute resolution session
• Worker in question receives a decision on their hearing

Typically, you must file the initial appeal within three years. If your claim is once again denied, you can file another appeal with the Workers’ Compensation Appeals Board. If that is unsuccessful, you can appeal the decision to the Commonwealth Court of Pennsylvania. If it is still unsuccessful, an appeal can be ultimately filed with the Pennsylvania Supreme Court. 

At Berger and Green, we have over 40 years of legal experience. If you believe that your claim was denied unfairly, we can stand by your side throughout the appeals process. We’re here to act as your legal representative and guide. While workers’ compensation appeals are complicated, we can make them more straightforward.

Construction Accident Personal Injury Claims

While most construction accidents involve construction workers and workers’ compensation, it’s possible that your case involves personal injury law. These are some examples where personal injury law applies to construction accident cases:

• You aren’t a construction worker and were injured while walking near a construction site
• You are a construction worker, but your injury was caused by a third-party error

Keep in mind that personal injury cases hinge on negligence. To receive compensation, you must prove that your injuries were linked to another party’s negligence. In a construction accident personal injury claim, these parties could be held liable:

• A private contracting company
• A producer of machinery or tools
• A subcontracting company
• A construction company

If you have a viable personal injury claim, you could receive compensation for medical expenses, lost wages, pain and suffering, and other out-of-pocket expenses. Keep in mind that the deadline for personal injury claims in Pennsylvania is typically two years, per Pa. C.S.A. § 5524. 

If you believe that you have a personal injury construction accident claim as opposed to or in addition to a workers’ compensation claim, an Altoona personal injury lawyer from our firm can explain your eligibility.

Common Types of Construction Accident Injuries

Some common hazards injure workers and pedestrians each year. However, according to research published in the National Library of Public Medicine, construction accident injuries are typically caused by:

• Falling from heights
• Being hit by stationary equipment
• Being hit by moving equipment
• Being struck by falling equipment
• Electric shock
• Chemical exposure
• Car accidents when moving materials from site to site

Don’t Wait to Get Started on Your Construction Accident Claim

Under statewide labor laws, you typically have 120 days to file an initial workers’ compensation claim. Our legal team can keep track of relevant deadlines and ensure that you submit your documentation on time. Whether workers’ compensation, personal injury, or both, you can contact Berger and Green today for a free consultation.