Construction Site Injuries in Pennsylvania
Whether an injured construction worker in Pennsylvania can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Injured construction workers' claims against their own employer go through workers' compensation: the employer's liability under the Act is exclusive and replaces all other liability to the worker and family. Workers' Compensation Act §§ 303(a), 303(b), 319
| Construction site injuries | Injured construction workers' claims against their own employer go through workers' compensation: the employer's liability under the Act is exclusive and replaces all other liability to the worker and family. The worker may sue a third party who caused the injury (for example another contractor or an equipment maker), but the employer and its insurer cannot be made to pay that third party damages, contribution or indemnity unless a written contract made before the accident expressly provides for it. The employer is subrogated to the worker's third-party recovery to the extent of compensation paid. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). No New York-style scaffold statute was located; a full-code review was not done. |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault. Exceptions to several-only liability are listed in § 7102(a.1)(3). Source: 42 Pa.C.S. § 7102 |
| Deadline to sue for an injury | Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline. Source: 42 Pa.C.S. § 5524(1), (2), (7) |
More Pennsylvania personal injury & wrongful death
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- Wrongful Death Lawsuits in Pennsylvania
- Medical Malpractice Rules in Pennsylvania
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FAQ
Can you sue for a construction accident in Pennsylvania?
Injured construction workers' claims against their own employer go through workers' compensation: the employer's liability under the Act is exclusive and replaces all other liability to the worker and family. The worker may sue a third party who caused the injury (for example another contractor or an equipment maker), but the employer and its insurer cannot be made to pay that third party damages, contribution or indemnity unless a written contract made before the accident expressly provides for it. The employer is subrogated to the worker's third-party recovery to the extent of compensation paid.
Can you recover damages if you were partly at fault in Pennsylvania?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault.
What is the statute of limitations for personal injury in Pennsylvania?
Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.