Employee vs. Independent Contractor

In many construction cases, there is often an issue involving whether a worker is an "employee" or whether they are an "independent contractor."  The reason this is important is that if they are injured on the job, an employee's injury will be covered by workers' compensation whereas an independent contractor's injury will not.  Therefore, determining what category you fall under can be daunting.  Oftentimes the general contractor on a construction project will argue that an injured employee is actually an independent contractor; thus, the general contractor is not responsible for any injuries.

Over the years Pennsylvania Courts have struggled with the concept of defining an employee versus an independent contractor.  In 2010, the Pennsylvania Legislature enacted the Construction Workplace Misclassification Act (CWMA), which, in part, attempted to clarify who is and is not an independent contractor (in the construction industry) for the purposes of workers’ compensation coverage.  Section 3(a) of the CWMA provides: “For purposes of workers’ compensation . . . an individual who performs services in the construction industry for remuneration is an independent contractor only if: (1) the individual has a written contract to perform such services; (2) the individual is free from control or direction over performance of such services both under the contract of service and in fact; and (3) as to such services, the individual is customarily engaged in an independently established trade, occupation, profession or business.” 43 P.S. §933.3(a).

To the extent an individual does not meet such definition, the individual will be deemed an employee and the general contractor/employer will be responsible for maintaining and providing workers’ compensation coverage for such individual.  Further, if the worker is to be a valid independent contractor, the written contract under the law should be signed by the worker before the injury takes place.

The Deadliest Jobs in America

Click through to see an infographic on the deadliest jobs in America.  Some of surprising findings (all in year 2010)....

--219 workers died in Pennsylvania due to work related incidents.

--39% of work related deaths are transportation related.

--8% were women, 92% involved men.

--65 years and older workers are twice as likely to die at work than any other age group.

--8 million worksites, 133 million workers, only 2,200 OSHA inspectors.

--Most construction fatalities are caused by falls.

The 5 Most Common Building Site and Construction Accidents

Many of our Pennsylvania workers' compensation clients are construction workers. In my years as a workers' compensation lawyer, I've seen just about every type of work injury there is to get on a construction or building site. This article explores some of the more common construction accidents in the workplace.

Ladders.

Ladders always carry a danger. When ladders are used to move between different levels on a construction site injury can be caused in a number of ways. One of the more serious injuries we have seen was when someone had failed to secure a ladder to the next level. As the user ascended the ladder it came away from the scaffolding causing him to fall over 30 feet to the floor, shattering his heel in the process.

Other injuries using ladders occur when someone is carrying equipment which is too heavy, causing them to fall away from the ladder, or when there is insufficient ladder protruding above the next level causing the user to miss their footing with nothing to hold onto.Falling Debris.

Another common cause of accidents is debris falling from a height landing on workers on lower levels or working on the ground levels. Depending on the item that is dropped (from wooden planks to brickwork) and the height it is falling these accidents can cause severe injuries.Falling From Heights.

Due the nature of a construction site many workers are working at several stories high. Roofers particularly are at risk from falling from a great height. If the fall is as a result of poorly constructed scaffolding or a defective roof you may be able to make a claim for compensation. This could also be the case if you have not been provided with the correct safety equipment or the right level and amount of training.

Machinery.

If you are using power tools on a construction site these can lead to injury either through defects in the machinery itself, inadequate training or failure to provide the correct safety equipment.

Trips and Slips.

Due to the amount of equipment on a construction site it is quite common for workers to slip or trip over discarded equipment or debris and suffer injury. This can be particularly hazourdous if the trip or slip leads the victim to fall into holes on the site. Trips and slips are a common hazard on a building site, and whilst each employee must take all necessary action to prevent injury, if the employer has failed to take the necessary steps you will be able to make a claim for compensation.Summary.

A construction site is a dangerous place to work, but your employer must do all that they can to keep you safe. If they fail to discharge their duty to protect you and you suffer injury, you can make a claim for compensation for your pain and suffering, loss of earnings and any other expenses.

Thanks to Nick Jervis for this information. You can read more about being Injured At Work? Find out more about Work Accidents generally and read our Free Work Accident Claims Guide. Nick Jervis is a solicitor (non-practising) and a consultant to Work Accident Solicitors who specialise in Work Accident Claims.

Worker who lost leg in construction accident receives $13M

A construction worker whose leg had to be amputated after it was crushed by falling beams recovered a $13 million settlement.

In 2005, Timothy McGuire was standing near an 80-foot I-beam on the Harrah's casino construction site in Chester when an aerial boom operator hit the beam, causing a chain reaction of falling beams. They landed on McGuire's right leg, crushing it. After 16 surgeries, his leg ultimately had to be amputated above-the-knee.

McGuire and his wife blamed general contractor T.N. Ward and subcontractors Samuel Grossi & Sons and E&R Erectors, arguing that they failed to ensure workers' safety. The plaintiffs also alleged the beams were improperly stored. Lawsuits against Harrah's Entertainment and Chester Downs were dismissed after the other parties agreed to the settlement. The case was filed in Philadelphia County.

To see the full report on this case, go to VerdictSearch.com.

At C&C Law, we have handled many construction site accidents in both Pennsylvania and New York. See more information on the website relating to construction site accidents here and here.