Scranton Construction Accident Attorney
Over 30 Years Fighting for Injured Workers in Lackawanna County
Construction accidents can produce life-altering injuries in seconds, and the legal claims that follow are rarely straightforward. Workers’ compensation, third-party personal injury lawsuits, and product liability claims can all apply to the same incident, and the evidence that makes or breaks those claims can disappear from a job site within hours. At Rogan Law, Attorney Patrick Rogan brings over 30 years of personal injury experience to injured workers and their families throughout Scranton and Lackawanna County, with free consultations and 24/7 availability so you can reach us the moment you need to.
We handle construction accident cases for workers, independent contractors, and bystanders hurt on or near active job sites. Our firm has recovered millions for clients across personal injury matters, and we offer bilingual services for all workers on Scranton-area sites. Hablamos Español.
Injured in a construction accident? Call (570) 906-8532 or contact us online to speak with a construction accident attorney in Scranton and protect your rights.
Common Construction Accidents & the Injuries They Cause
OSHA identifies four categories responsible for the majority of construction fatalities nationwide. Known as the Fatal Four, these are falls from heights, struck-by incidents, caught-in or caught-between accidents, and electrocutions. Each carries distinct liability implications and may involve different responsible parties.
- Falls from Scaffolding, Roofs, and Ladders: The leading cause of serious construction injuries. Even falls from relatively low heights can cause traumatic brain injury or spinal cord damage with permanent consequences.
- Struck-By Incidents: Tools, materials, and equipment dropped or swung from upper floors or crane operations can cause severe head trauma, fractures, and crush injuries to workers below.
- Caught-In or Caught-Between Accidents: Trench collapses, machinery entanglement, and pinch-point incidents with forklifts or cranes can trap workers and cause amputations or catastrophic internal injuries.
- Electrical Hazards: Exposed wiring, contact with overhead power lines, and improperly grounded temporary systems create electrocution risks that are often the result of preventable OSHA violations.
- Structural Collapses: Walls, floors, unshored trenches, and scaffolding failures can trap multiple workers simultaneously and produce injuries requiring long-term rehabilitation or resulting in permanent disability.
- Defective Equipment: Malfunctioning tools, ladders, or machinery can create product liability claims against manufacturers separate from any negligence claim against a contractor or property owner.
The injuries that follow these accidents frequently include traumatic brain injuries, spinal cord injuries and paralysis, severe fractures, crush injuries, burns, amputations, and internal organ damage. Many injured workers face months of rehabilitation, reduced earning capacity, and lasting changes to daily life. Pursuing compensation means accounting for all of those consequences, not just the emergency room bill.
Workers’ Compensation & Third-Party Claims in Pennsylvania
Most construction workers injured on a Pennsylvania job site are entitled to workers’ compensation benefits under the Pennsylvania Workers’ Compensation Act regardless of fault. These benefits cover medical treatment and partial wage replacement, but the system bars a direct lawsuit against the employer. It also doesn’t compensate for pain and suffering and typically replaces only a portion of lost wages.
When a Third-Party Claim May Be Available
That limitation is where a third-party personal injury claim becomes critical. When a party other than the direct employer contributed to the accident, an injured worker may pursue a personal injury lawsuit against that party in addition to receiving workers’ comp benefits. Potential third-party defendants in a Scranton construction accident case include:
- General Contractors and Subcontractors: Parties who controlled site safety conditions and may have created or ignored the hazard that caused the injury.
- Property Owners: Owners who maintained dangerous conditions on the site or failed to correct known hazards.
- Equipment Manufacturers: Companies whose defective tools, machinery, or safety equipment contributed to the accident through a product liability claim.
- Design Professionals: Architects or engineers whose design decisions led to a structural failure or hazardous condition.
Independent contractors occupy a separate position. Because they’re generally not covered by workers’ compensation in Pennsylvania, their primary path to recovery is typically a personal injury lawsuit against the hiring party or property owner.
What a Personal Injury Claim Can Recover
Pennsylvania follows modified comparative negligence, which means an injured party can still recover damages as long as they’re found 50% or less at fault. The award is reduced by their percentage of responsibility, but it isn’t eliminated. A personal injury claim against a third party can pursue damages workers’ comp doesn’t provide: full lost wages and future earning capacity, pain and suffering, loss of enjoyment of life, and compensation for disfigurement.
Filing Deadlines & Insurance Coverage
Multiple insurance policies often apply to a single construction accident, including general liability, contractor, umbrella, product liability, and commercial auto policies. Identifying all available sources of recovery before evidence is altered or lost requires early legal involvement. Under 42 Pa.C.S. § 5524, personal injury claims arising from construction accidents must be filed within two years of the date of the accident. Missing that deadline can extinguish the right to compensation entirely. Workers’ compensation notice to the employer should be made within 120 days of the injury to preserve benefits rights. Individual circumstances, including claims involving minors or the discovery rule, can affect these timelines. A consultation is the right step to confirm what applies to your case.
Why Injured Workers in Scranton Bring Their Cases to Rogan Law
Construction accident cases involve multiple companies, overlapping insurance policies, and two parallel legal systems running simultaneously. Attorney Patrick Rogan has spent over 30 years handling personal injury matters across Northeastern Pennsylvania, developing the investigative approach these cases demand. With thousands of cases handled and millions recovered for clients across personal injury claims, we know how to identify every liable party and pursue the full scope of recoverable damages.
Our 24/7 availability isn’t a marketing claim. It means that when a worker is injured on a job site at 6 a.m., they can reach Attorney Rogan directly that morning. That matters because preservation letters protecting surveillance footage, equipment maintenance records, and OSHA investigation reports need to go out before a job site is cleaned up and modified. Early contact gives us the best chance to lock down the evidence that drives these cases.
Every construction accident case we handle receives a free initial consultation and personalized attention from Attorney Rogan, not a rotating staff. We also provide bilingual services throughout the representation for workers whose primary language is Spanish. Our firm serves clients throughout Scranton, Lackawanna County, and Northeastern Pennsylvania.
Steps to Take After a Construction Accident in Scranton
The actions you take in the hours and days after a construction accident directly affect your ability to recover compensation. These steps matter:
- Seek Medical Attention Immediately: Get treatment even if injuries seem minor. Tell the medical provider the injury is work-related and describe all symptoms, including those that develop over the following days.
- Report the Accident: Notify your supervisor or site manager as soon as possible so an official incident report is created. This documentation becomes part of the record.
- Document the Scene: Take photographs and video of the accident location, equipment, and safety conditions before anything is moved or repaired.
- Gather Witness Information: Collect contact information from anyone who saw the accident, including workers from other subcontractors on the site.
- Keep a Written Timeline: Record events, symptoms, and communications in your own words while details are still fresh.
- Preserve All Records: Keep medical records, incident reports, employment and wage documents, and all insurance correspondence organized and accessible.
- Contact a Construction Accident Attorney Before Giving Statements: Recorded statements to insurers can affect your claim. Consult with our construction accident attorneys in Scranton before agreeing to provide one.
As your case develops, maintain a detailed account of all medical visits, treatments, and how your injuries affect your daily life. These records support the full range of damages you may be able to pursue, including future care needs and lost earning capacity.
Frequently Asked Questions
Can I File a Lawsuit If I’m Already Receiving Workers’ Compensation?
In many cases, yes. If a third party other than your direct employer contributed to the accident, a separate personal injury lawsuit against that party may be available alongside your workers’ comp benefits. The two claims are independent of each other and can be pursued simultaneously.
What If I’m an Independent Contractor, Not an Employee?
Independent contractors in Pennsylvania are generally not covered by workers’ compensation. Your primary path to recovery is typically a personal injury claim against the hiring party, general contractor, or property owner who controlled the conditions that caused your injury.
What If the Accident Was Partly My Fault?
Pennsylvania follows modified comparative negligence. You may still recover damages as long as you’re found 50% or less responsible for the accident. Your compensation is reduced proportionally by your percentage of fault, not eliminated. Don’t assume partial fault ends your claim.
How Long Do I Have to File a Construction Accident Claim in Pennsylvania?
The statute of limitations for personal injury claims is two years from the date of the accident under 42 Pa.C.S. § 5524. For workers’ compensation, notice to the employer should be given within 120 days of the injury. Some circumstances can affect these deadlines. Contact us promptly to confirm the timelines that apply to your case.
How Can a Construction Accident Lawyer Help Me?
At Rogan Law, we evaluate both your workers’ compensation entitlements and any available third-party personal injury claims from the outset. We handle all communications with insurance companies and third parties on your behalf, work to identify every liable party before evidence changes, and pursue compensation for medical bills, lost wages, pain and suffering, and the full long-term impact of your injuries.
What Safety Laws Apply to Construction Sites in Pennsylvania?
OSHA sets federal safety standards covering fall protection, scaffolding, electrical safety, and equipment operation. OSHA investigation reports and citations issued after an accident can serve as important evidence in establishing liability. Pennsylvania also enforces its own workplace safety regulations, and violations of these standards often form the foundation of a negligence claim against a contractor or property owner.
Discuss Your Case with a Scranton Construction Accident Attorney
If you or a family member has been hurt on a Scranton-area job site, don’t wait to get legal advice. The evidence that supports your case and the deadlines that protect your rights both begin running from the date of the accident. Attorney Patrick Rogan offers free consultations and is available around the clock to evaluate your situation and explain your options under both workers’ compensation and personal injury law.
Ready to take the next step? Call (570) 906-8532 or contact us online to speak with a construction accident attorney in Scranton and start your case today.
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