Wilkes-Barre Construction Accident Lawyers
Serving Wilkes-Barre, Scranton, Hazleton and all of Luzerne & Lackawanna Counties, plus Harrisburg. Free consultation — no fee unless we win.
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Construction Accident Lawyers Serving Wilkes-Barre, Scranton & Northeastern Pennsylvania
Construction sites in Wilkes-Barre, Scranton and across Luzerne County are hazardous places: the warehouse builds along I-81 in Pittston and Hazle Township, road work on Route 309 and the Cross Valley Expressway, and renovation jobs in older downtown buildings all put workers around cranes, heavy machinery, exposed wiring and heights. If you were injured on one of these sites, you may be facing medical bills, lost income and an uncertain future. A construction accident lawyer who knows the local contractors, courts and insurers can protect your claim from the start.
From our office on South River Street in Wilkes-Barre, our construction injury attorneys represent workers hurt on job sites throughout the Wyoming Valley, the Scranton area and Harrisburg. We know federal OSHA regulations, Pennsylvania's safety laws and the third-party liability rules that let an injured worker recover more than workers' comp pays, and we pursue every dollar of lost wages, medical expenses and pain and suffering our clients are owed.
Construction Accident Statistics & Risks
The construction industry in Pennsylvania, unfortunately, remains one of the most dangerous sectors for workers. Data from the Bureau of Labor Statistics (BLS) underscores the risks workers face on construction sites across the Commonwealth:
- The Bureau of Labor Statistics (BLS) reported Pennsylvania's construction sector had a nonfatal injury/illness rate of 2.6 per 100 full-time workers in 2023, notably higher than the U.S. average.
- In 2023, Pennsylvania saw 169 fatal work injuries, with construction significantly contributing, often due to preventable OSHA safety standard violations.
- Construction-related accidents tragically caused 35 deaths in Pennsylvania during 2022, impacting families across the state.
- Nationally, about 1 in 10 construction workers are injured annually, and construction accidents account for roughly 20% of all worker fatalities.
Injured construction workers and their families need someone to investigate the site, preserve evidence and pursue every available claim before the contractor's insurer shapes the story.
Common Types of Construction Accidents & Hazards
Construction site accidents happen in many ways, on the big logistics-park projects along I-81 and on small residential jobs alike. Certain types of incidents, frequently stemming from OSHA violations, general negligence, or inadequate safety protocols, are tragically common. Understanding these scenarios matters for prevention and for building a strong claim.
Falls from Heights
Falls are the primary cause of construction fatalities and severe injuries. OSHA data reveals falls contribute to about 42% of construction worker deaths nationally. Common scenarios include defective scaffolding, unsafe ladders, unprotected roof edges, unguarded platforms and falls from cranes and heavy machinery. We investigate who controlled the fall protection and pursue every liable party.
Struck-by Accidents: A Major Hazard on Pennsylvania Construction Sites
Struck-by incidents are the second leading cause of construction injuries. These occur when workers are hit by falling tools or materials (on any site), swinging loads from cranes, construction vehicles like forklifts or dump trucks in busy work zones, collapsing structures, or flying debris from power tools. Negligence of a third party often plays a critical role in these preventable incidents.
Caught-in/Between Accidents: Severe Risks for Pennsylvania Construction Workers
Caught-in or -between accidents pose severe risks on construction sites. Workers can be crushed or compressed in trench collapses (a known hazard in excavation work), pulled into unguarded machinery, caught between heavy equipment and fixed objects (common in busy work zones), trapped in structural collapses, or entangled in moving machine parts lacking proper safety guards, often due to blatant OSHA violations.
Electrocution Dangers & Electrical Hazards on Pennsylvania Construction Sites
Electrocution is a critical hazard on construction sites, leading to severe injuries or fatalities. Causes include contact with overhead power lines, exposed wiring, defective electrical tools, working with electricity in wet conditions and failure to follow lockout/tagout procedures. We know how to prove fault in these electrical injury claims.
Other Frequent Construction Site Accidents
Explosions and Fires
Toxic Exposure
Scaffold Failures
Equipment Malfunctions
Transportation Accidents
Repetitive Motion Injuries
Heat Stress
Hearing Damage
Injuries That Result from Construction Accidents
Construction accidents frequently result in catastrophic injuries. These injuries can permanently alter lives, necessitating extensive medical treatment, long-term care, and substantial financial support. An experienced construction accident lawyer helps victims and their families pursue full compensation for these life-changing injuries.
Traumatic Brain Injuries (TBI) from Construction Site Accidents
- Cognitive deficits (thinking, reasoning)
- Memory loss and amnesia
- Personality and mood changes
- Speech and language difficulties
- Motor skill impairment, physical disability
- Loss of consciousness, concussion
- Coma or vegetative state
- Permanent brain damage requiring lifelong care
Spinal Cord Injuries & Paralysis from PA Construction Falls and Accidents
- Partial or complete paralysis (quadriplegia, paraplegia)
- Loss of sensation below injury site
- Impaired bladder and bowel control
- Chronic neuropathic pain
- Respiratory complications
- Requirement for lifelong medical care and assistive devices. A catastrophic injury claim must account for these lifelong needs.
Severe Broken Bones & Complex Fractures in PA Construction Incidents
- Compound fractures (bone pierces skin)
- Comminuted (shattered) fractures
- Multiple fractures requiring surgery
- Pelvic or hip fractures leading to mobility issues
- Skull fractures often associated with TBI
- Delayed healing or non-union
Amputations & Loss of Limbs: Life-Altering Construction Injuries
- Traumatic amputation of fingers, hands, arms
- Loss of toes, feet, or legs due to crushing or machinery
- Necessity for costly prosthetic devices and rehabilitation
- Significant permanent disability and disfigurement
- Substantial loss of future earning capacity
- Psychological trauma and phantom limb pain
Burn Injuries: Thermal, Chemical, Electrical Burns on Construction Sites
- Severe thermal burns from fires or explosions
- Corrosive chemical burns from hazardous materials
- High-voltage electrical burns causing deep tissue damage
- Inhalation injuries and respiratory damage
- Permanent scarring, disfigurement, and contractures
- Multiple surgeries, including skin grafts
Other Serious Injuries Sustained in Pennsylvania Construction Accidents
- Internal organ damage from blunt force trauma
- Eye injuries leading to partial or complete vision loss
- Hearing loss due to excessive noise exposure
- Severe crush injuries affecting limbs or torso
- Illness from toxic substance exposure (e.g., asbestos, solvents)
- Post-Traumatic Stress Disorder (PTSD) and anxiety
- Chronic pain syndromes
Legal Options & Compensation for Injured Construction Workers
If a construction accident has left you or a family member injured, understanding your options is the first step. Whether the site was in Wilkes-Barre, Pittston, Hazleton, Scranton or Harrisburg, a construction accident lawyer can guide you through workers' compensation benefits and any third-party liability claim.
Pennsylvania Workers' Compensation Claims for Construction Injuries
Pennsylvania's Workers' Compensation Act offers vital benefits to employees injured on construction sites, irrespective of fault. For many injured construction workers, this is the first step towards financial recovery. Our workers' compensation lawyers handle these claims.
What Workers' Compensation Typically Covers for Construction Accidents:
- All reasonable and necessary medical expenses related to the construction injury
- Wage loss benefits (typically two-thirds of your average weekly wage, up to the state maximum)
- Specific loss benefits for permanent disfigurement or loss of use of a body part
- Death benefits for dependents if the construction accident is fatal
- Vocational rehabilitation services if you cannot return to your former job
Key Facts About Pennsylvania Workers' Comp for Construction Site Injuries:
- You must report your construction injury to your employer within 120 days in Pennsylvania. Prompt reporting is crucial.
- The statute of limitations for filing a workers' compensation claim is generally 3 years from the injury date.
- The maximum weekly compensation rate in PA for 2025 is $1,347.00.
- Accepting workers' comp benefits generally prevents suing your direct employer for negligence.
- It's a no-fault system: you only need to prove the injury occurred during your construction employment.
While essential, workers' compensation benefits often do not cover the full spectrum of losses from a serious construction accident, such as full compensation for pain and suffering, emotional distress, or complete lost earning potential. This is where a third-party personal injury claim, pursued by your construction accident attorney, may be vital.
Third-Party Liability Claims: Recovering Full Damages
Identifying liable third parties is a crucial step. Unlike workers' comp, a third-party lawsuit allows an injured construction worker to seek full damages, including pain and suffering, from negligent parties other than their direct employer or co-workers. This can include general contractors, subcontractors, property owners, architects, engineers, or equipment manufacturers whose negligence contributed to the injury.
Examples of Potentially Negligent Third Parties in Construction Site Accidents:
- Property Owners:
Failing to ensure a safe construction site. - General Contractors:
Negligent oversight of site safety or OSHA compliance. - Subcontractors:
Creating hazardous conditions that injure other workers. - Equipment Manufacturers/Suppliers:
Supplying defective machinery or tools that cause injury. - Engineers/Architects:
Flawed designs leading to structural failures or hazards. - Material Suppliers:
Providing faulty construction materials.
Benefits of Filing a Third-Party Construction Accident Lawsuit:
- Compensation is not limited by workers' comp caps.
- Recovery for non-economic damages like pain and suffering, and emotional distress.
- Potential for punitive damages if gross negligence or recklessness is proven.
- Full recovery of past and future lost wages and diminished earning capacity.
- Damages for loss of enjoyment of life.
- Compensation for disfigurement and permanent impairment.
In Pennsylvania, while there's no fixed cap on punitive damages in construction accident lawsuits, they must be reasonable and proportional to the actual harm and the defendant's egregious conduct. We evaluate the potential for punitive damages in every case.
Combining Workers' Comp & Third-Party Claims
Injured construction workers often can, and should, pursue both workers' compensation benefits and third-party negligence claims at the same time:
- Workers' compensation provides immediate medical coverage and wage replacement
- Third-party claims allow for additional compensation not covered by workers' comp
- A portion of third-party settlements may need to be reimbursed to the workers' comp insurer through subrogation
- An experienced construction accident attorney can coordinate these claims to maximize recovery
Wrongful Death Claims After a Fatal Construction Accident
If a construction accident results in a worker's death, surviving family members may file a wrongful death lawsuit against negligent third parties. Our wrongful death attorneys help families in Luzerne, Lackawanna and Dauphin Counties seek compensation for:
- Funeral and burial expenses
- Medical costs incurred before death
- Lost financial support and benefits the deceased would have provided
- Loss of companionship, guidance, and consortium
- Pain and suffering experienced by the deceased before death
- Punitive damages in cases of extreme negligence
Pennsylvania Construction Safety Regulations & Identifying OSHA Violations
A thorough understanding of federal OSHA standards and Pennsylvania-specific safety regulations is critical for establishing negligence and liability in construction accident claims. Violations of these vital safety rules by general contractors, subcontractors, or site owners often form the basis of a strong personal injury case. Our construction accident lawyers are adept at identifying such violations.
Key Federal OSHA Regulations for Pennsylvania Construction Sites
The Occupational Safety and Health Administration (OSHA) sets forth extensive safety standards applicable to all construction sites in Pennsylvania, aiming to prevent common construction accidents and protect worker safety:
- Fall protection requirements for workers at heights of 6 feet or more
- Proper scaffolding construction and inspection protocols
- Trench and excavation safety measures
- Requirements for personal protective equipment (PPE)
- Electrical safety standards
- Machine guarding requirements
- Hazard communication standards for chemicals
- Training and certification requirements
Pennsylvania State-Specific Construction Safety Laws & Codes
- Pennsylvania's Uniform Construction Code (UCC) establishes the building standards that apply on every site
- The Pennsylvania General Safety Law protects public sector employees with workplace safety rules
- Pennsylvania Fire and Panic Law addresses fire safety in buildings
- The Universal Accessibility Law ensures buildings are accessible to individuals with disabilities
Violations of these state and federal regulations often serve as powerful evidence of negligence in Pennsylvania construction accident cases, strengthening your claim for compensation.
Statute of Limitations for Construction Accident Claims
Acting quickly after a construction site injury is crucial. Pennsylvania law imposes strict deadlines, known as statutes of limitations, for filing construction accident claims. Missing these critical deadlines almost invariably means losing your right to seek any compensation. We make sure every claim is filed on time.
Personal Injury Claims (Third-Party Lawsuits)
2 Years
from injury date
For most third-party personal injury lawsuits arising from construction accidents, the claim must generally be filed within two years of the date the injury occurred.
Workers' Compensation Claim Filing Deadlines
120 Days
to notify employer
3 Years to file claim
Notify your employer of a construction injury, ideally in writing, within 120 days (though sooner is always better). The formal workers' compensation claim petition itself typically must be filed within three years of the injury date.
Product Liability Claims (Defective Equipment)
2 Years
from injury date
If a defective product (e.g., faulty machinery, a defective tool, or inadequate safety gear) caused or contributed to the construction accident, the product liability claim generally must be filed within two years of the injury.
Wrongful Death Claim Deadlines
2 Years
from date of death
For fatal construction accidents, surviving family members, such as a spouse or children, typically have two years from the date of the worker's death to file a wrongful death claim against negligent parties.
Failing to meet these critical deadlines usually results in forfeiting your right to any compensation. While very rare exceptions (such as the discovery rule for certain latent injuries or specific circumstances involving minors) may exist, it is absolutely vital to consult with a knowledgeable PA construction accident lawyer immediately after an incident to protect your legal rights and ensure no deadlines are missed.
Why Choose PA Attorney Source for Your Construction Accident Case
When you or a loved one is injured on a construction site in Wilkes-Barre, Scranton, Hazleton or Harrisburg, choosing the right legal team is one of the most important decisions you'll make. PA Attorney Source is a Wilkes-Barre firm whose construction accident lawyers work in the Luzerne, Lackawanna and Dauphin County courts and know the contractors and insurers on the other side.
Our Approach to Construction Accident Cases
Immediate & Thorough Investigation
Our construction accident lawyers quickly send investigators and experts (engineers, safety professionals) to document the site, gather evidence, interview witnesses, and document all potential OSHA violations and safety lapses.
Thorough Case Development
We collaborate closely with leading construction safety experts, engineers, vocational specialists, and medical professionals to build a robust, evidence-backed claim. We meticulously identify all negligent parties (general contractors, subcontractors, property owners, equipment manufacturers) and precisely calculate the full, fair value of your damages, including future needs.
Aggressive Pursuit of Maximum Compensation
We aggressively explore all avenues for recovery, including comprehensive PA workers' compensation benefits, robust third-party negligence lawsuits against all liable entities, and claims for defective or unsafe construction equipment.
Experienced Negotiation & Trial Advocacy
Our attorneys are formidable negotiators and seasoned trial lawyers, fully prepared to fight relentlessly for your rights in court if a fair and just settlement isn't offered.
Dedicated Client Support
We manage every legal detail of your case with diligence and care, allowing you to focus on your physical and emotional healing. You'll receive regular, clear updates and direct answers from your dedicated PA construction injury attorney throughout the entire process.
Our "No Win, No Fee" Guarantee for Pennsylvania Construction Accident Cases
Our PA construction accident lawyers operate on a contingency fee basis. This means you pay absolutely no upfront attorney fees, and we only get paid if we win your case and secure financial compensation for your injuries. This contingency fee arrangement ensures access to quality legal representation for all injured construction workers and their families in Pennsylvania, regardless of their financial situation.
Schedule Your Free Consultation with a Construction Accident Lawyer Today
Were you or a loved one injured in a construction accident in Wilkes-Barre, Scranton, Hazleton or Harrisburg? Don't wait to protect your rights. Contact our construction accident lawyers today for a free, no-obligation case evaluation. We'll listen to your story, explain your legal rights in plain language, and discuss how we can help you secure the maximum possible compensation for your injuries and losses.
Why Act Now
The Pennsylvania statute of limitations for filing construction accident claims is extremely strict. Delaying action can unfortunately mean losing your legal right to recover any compensation. It is vital to contact a knowledgeable PA construction injury attorney immediately to preserve your claim.
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For personal injury cases
The information provided on this page regarding Pennsylvania construction accidents and related legal matters is intended for general informational purposes only and should not be construed as legal advice for any specific situation. Every construction injury case in PA is unique, with outcomes dependent on its specific facts, circumstances, and the application of current Pennsylvania laws. This information does not create an attorney-client relationship. For legal advice tailored to your individual situation, please consult directly with an experienced PA construction accident lawyer from our firm. Please remember that past results achieved in other cases do not guarantee similar future outcomes for your case.
Construction Accident FAQs for Pennsylvania Workers
The questions injured construction workers and their families ask most, answered under Pennsylvania workers' compensation and personal injury law.
Often, yes — and it is usually where the real recovery is. Workers' compensation is the exclusive remedy against your own employer, and it pays only medical bills and partial wages, never pain and suffering. But on a construction site most of the companies around you are not your employer: the general contractor, other subcontractors, the property owner, and the maker of the scaffold, lift or tool that failed can all be sued in a third-party lawsuit for your full damages. We pursue both claims together and account for the comp insurer's repayment right.
The general contractor that controls site safety, other subcontractors whose crews created the hazard, the property owner or developer, and the manufacturers of defective machinery, tools or safety gear — the product claims don't even require proving carelessness. Each of these companies carries its own liability insurance. Sorting out who controlled what on a multi-employer site is the core of a construction case, and it is exactly what our investigation is built to establish before evidence disappears.
Yes. An OSHA citation for the condition that hurt you — missing fall protection, an unshored trench, a guard removed from a saw — is powerful evidence of negligence in a civil lawsuit, and the inspection file often contains photos, measurements and statements taken within days of the accident. We request that file and match it against the site's own safety plan. A citation is not required, though: many sites are never inspected, and we prove unsafe conditions through our own engineers and safety experts.
Several clocks run at once. You must notify your employer of a work injury within 120 days (sooner is far better), and a workers' compensation claim petition must generally be filed within three years. Third-party lawsuits and defective-equipment claims must be filed within two years of the injury under 42 Pa. C.S. § 5524, and wrongful death claims within two years of the death. The practical deadline is shorter than any of these — a construction site changes within days, so the investigation has to start immediately.
Retaliating against a worker for exercising these rights is unlawful — Pennsylvania courts recognize a wrongful-discharge claim when an employee is fired for filing for workers' compensation. A third-party lawsuit is not against your employer at all, so it does not put your job on the line the way many workers fear. If pressure or threats follow your claim, document them and tell us; that conduct can become part of the case. We deal with the insurers and the site's lawyers so you don't have to.
Workers' compensation pays medical treatment and a portion of your wages — nothing for the human losses. A third-party lawsuit recovers the rest: your full lost earnings and future earning capacity, pain and suffering, the loss of life's pleasures, disfigurement, and a spouse's loss of consortium. In serious injury cases that difference is usually the majority of the claim's value. No honest lawyer can quote a number before reviewing your medical records and the wage picture; that analysis is part of the free consultation.
Your classification changes which doors are open, not whether you have a case. Misclassifying construction workers as independent contractors is common, and the label on your paycheck is not the end of the analysis — what matters is who controlled the work. A true independent contractor may sue the negligent parties directly without workers' comp limits; a subcontractor's employee keeps comp through that subcontractor plus third-party claims against the general contractor and others. We untangle the site's contract chain as step one.
Get medical care and report the injury to your employer in writing — that starts the 120-day notice clock in your favor. If you can, have someone photograph the scene, the equipment and your injuries before the site changes, and write down the names of coworkers who saw what happened. Do not give a recorded statement to any insurance company before speaking with a lawyer. Scaffolds come down and trenches get filled within days; the earlier we can send investigators, the stronger the case.
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Areas We Serve
Our office is in Wilkes-Barre. We represent injured people across the Wyoming Valley and Scranton area, and in Harrisburg and Dauphin County:
Luzerne County
- Wilkes-Barre
- Hazleton
- Kingston
- Pittston
- Nanticoke · Plymouth · Mountain Top
- All Luzerne County Locations
Lackawanna County
- Scranton
- Dunmore · Carbondale · Clarks Summit · Dickson City
- All Lackawanna County Locations
Dauphin County
- Harrisburg
- Hershey · Middletown · Colonial Park
- All Dauphin County Locations
Reviewed by
Joseph J. Mashinski, Esq.
— Managing Attorney, PA Attorney Source. Pennsylvania attorney since 2005 (PA ID 201414), Penn State Dickinson Law. Joseph reviews every case inquiry that comes to the firm.