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Workers’ Compensation

Delaware County Construction Accident Workers’ Compensation Lawyer

Construction sites are among the most dangerous workplaces in Pennsylvania. When you are hurt on a Delaware County job site — from the refineries and chemical plants of Marcus Hook and Chester to the residential build-out across the Main Line — you have rights under both workers’ compensation law and Pennsylvania personal injury law. Lerner Steinberg & Associates has fought for injured construction workers across southeastern Pennsylvania for over 34 years.

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34+ Years Experience
Workers’ Comp + Personal Injury
No Fee Unless We Win
Available 24/7

⚠ Time-Sensitive — Pennsylvania Law Limits Your Window to File

Delaware County construction accident victims have 120 days to report the injury and 3 years to file a claim — and only 2 years to bring a third-party lawsuit.

34+ years representing injured Pennsylvania workers. We pursue workers’ comp and third-party claims together. No fee unless we win.

Workers’ Compensation for Delaware County Construction Workers

Pennsylvania workers’ compensation covers virtually all construction workers injured on the job, regardless of fault. If you were hurt while working on a Delaware County construction site — whether from a fall, a tool accident, a structural collapse, or any other cause — your employer’s workers’ compensation insurance is required to cover your medical treatment and replace a portion of your lost wages.

Workers’ comp benefits for injured construction workers include payment of all reasonable and necessary medical treatment related to the injury, wage loss benefits equal to approximately two-thirds of your average weekly wage, specific loss benefits for permanent impairment of a body part, and death benefits for surviving family members in fatal accidents.

Workers’ comp covers you even if the accident was partially your fault. Do not let your employer or their insurer tell you otherwise. Report your injury and contact us immediately.

Construction Across Delaware County: Refineries, Highways, and the Main Line

Delaware County concentrates some of the most hazardous construction and industrial work in southeastern Pennsylvania. The Marcus Hook industrial complex and the refinery operations in Marcus Hook and Trainer rely on constant maintenance, turnaround, and build-out work around volatile processes and high-pressure systems. The I-95 spine and the Route 1 and Baltimore Pike corridors keep heavy-highway and infrastructure crews working alongside live traffic. New residential and commercial development continues across Radnor, Haverford, Springfield, and Media, while warehouse and distribution construction lines the county’s freight corridors. And Philadelphia International Airport, which sits on the Delaware County border, keeps ground crews, baggage handlers, and maintenance workers exposed to the kind of struck-by and equipment hazards that produce serious injuries.

Every one of those settings puts workers at height, around heavy equipment, and alongside multiple contractors and subcontractors — exactly the conditions that produce the most serious injuries and the clearest third-party liability.

Delaware County’s medical landscape changed in 2025, when Crozer-Chester Medical Center — the county’s only Level I trauma center and burn unit — closed. Seriously injured construction workers are now transported out of the county to trauma centers such as Penn Presbyterian Medical Center in Philadelphia, Lankenau Medical Center in Wynnewood, or Christiana Hospital in Delaware. That can mean longer transport times, which makes prompt treatment and careful medical documentation more important than ever to both your recovery and your claim.

When a claim is disputed, Delaware County workers’ compensation cases are heard before Workers’ Compensation Judges in the state Bureau of Workers’ Compensation hearing offices that serve the county. We know how these judges and the defense firms representing the insurance carriers operate, and we prepare every disputed claim for that forum.

Third-Party Claims — Going Beyond Workers’ Compensation

Workers’ compensation does not cover pain and suffering. But many Delaware County construction accidents involve negligent third parties — contractors, subcontractors, property owners, equipment manufacturers, or other companies on the job site who are not your direct employer. When a third party’s negligence contributed to your injury, you can pursue a separate personal injury lawsuit against them in addition to your workers’ comp claim.

This dual-track approach is one of the most important and underutilized rights available to injured construction workers. Our attorneys evaluate every construction accident for third-party liability so no source of compensation is left on the table.

Common Third-Party Defendants in Delaware County Construction Accidents

  • General contractors who failed to maintain a safe job site
  • Subcontractors whose employees caused the accident
  • Property owners who had control over dangerous conditions
  • Equipment manufacturers whose defective products caused injury
  • Architects or engineers whose design errors created hazards
  • Municipalities responsible for unsafe road or utility conditions

Common Construction Accidents We Handle in Delaware County

Falls from Heights

Scaffolding collapses, ladder accidents, roof falls, and unprotected floor openings — the leading cause of construction fatalities in Pennsylvania.

Struck-By Accidents

Falling tools, swinging equipment, or vehicles on active Delaware County job sites. Often involve third-party liability against equipment operators or site managers.

Caught-In/Between

Machinery entrapment, trench collapses, and cave-ins. Frequently involve OSHA violations that strengthen both workers’ comp and personal injury claims.

Electrocution

Contact with live wires, faulty equipment, or improper grounding on residential, commercial, and industrial sites throughout the county.

Tool & Equipment Accidents

Defective power tools, improperly maintained heavy equipment, and inadequate safety guards — may support product liability claims against manufacturers.

Refinery & Industrial Hazards

Burns, explosions, falls, and chemical exposure during turnaround and maintenance work at Marcus Hook and Chester industrial sites — often serious and well-documented.

How OSHA Violations Strengthen Your Claim

When a Delaware County construction accident involves a violation of OSHA safety standards — failure to provide fall protection, inadequate training, missing guardrails, improper scaffolding — those violations are powerful evidence of negligence in both your workers’ compensation case and any third-party personal injury claim. Our attorneys investigate OSHA compliance on every construction accident case and use violations to maximize your recovery.

Independent Contractors and Misclassification

Some construction employers attempt to classify workers as independent contractors to avoid paying workers’ compensation coverage. Under Pennsylvania law, the classification of a worker as an independent contractor does not automatically mean you are excluded from workers’ comp. Our attorneys evaluate the true nature of the employment relationship and challenge improper classifications that deprive injured workers of benefits they are legally entitled to.

Statute of Limitations for Delaware County Construction Accident Claims

Pennsylvania law sets strict deadlines, and missing any one of them can permanently end your right to compensation. There are three separate clocks every injured Delaware County construction worker needs to know:

  • 120 days to report your injury. You must notify your employer within 120 days of the accident. If you report within the first 21 days, wage-loss benefits can be paid from the date of injury; reporting later can delay when benefits begin. Miss the 120-day window entirely and the insurer can deny your claim outright.
  • 3 years to file a Claim Petition. If your employer or their insurer denies, disputes, or stops your benefits, you have three years from the date of injury to file a formal Claim Petition with the Pennsylvania Bureau of Workers’ Compensation. For occupational diseases such as silica or asbestos exposure, the period runs from when you knew or should have known the condition was work-related.
  • 2 years for a third-party lawsuit. If a negligent third party contributed to your injury, you have two years from the date of the accident to bring a separate personal injury lawsuit against them.

These deadlines are not technicalities — missing any one of them can eliminate your right to compensation no matter how serious your injuries are. You can review the Commonwealth’s official workers’ compensation information through the Pennsylvania Department of Labor & Industry, then contact us as soon as possible after any workplace injury in Delaware County.

Why Choose Lerner Steinberg & Associates?

With over 34 years of experience representing injured workers and accident victims throughout southeastern Pennsylvania, Mike Lerner and Ben Steinberg handle construction accident cases personally — you work directly with an attorney, never a paralegal. We pursue every available avenue of compensation — workers’ comp, third-party personal injury, and product liability — so injured construction workers can recover the full compensation they are owed. All cases are handled on a contingency fee basis — no fee unless we win.

Frequently Asked Questions

Can I sue someone other than my employer after a Delaware County construction accident?
Yes. While workers’ compensation bars a lawsuit directly against your employer, it does not prevent you from suing negligent third parties — general contractors, subcontractors, property owners, equipment manufacturers, or other companies whose negligence contributed to your injury. These third-party claims allow you to recover pain and suffering, which workers’ comp does not cover. Our attorneys evaluate every construction accident for third-party liability.
What benefits am I entitled to after a construction accident in Pennsylvania?
Pennsylvania workers’ compensation covers all reasonable and necessary medical treatment related to your injury, wage loss benefits equal to approximately two-thirds of your average weekly wage, specific loss benefits for permanent impairment of a body part or limb, and death benefits for surviving family members in fatal accidents. These benefits apply regardless of how the accident occurred or who was at fault.
What if my employer says I was an independent contractor and not covered by workers’ comp?
Employer classification of a worker as an independent contractor does not automatically exclude them from workers’ compensation coverage in Pennsylvania. The law looks at the actual nature of the work relationship — how much control the employer exercised, whether the work was integral to the business, and other factors. Many workers classified as independent contractors are actually employees entitled to full coverage. Do not accept an employer’s classification without consulting an attorney.
How long do I have to report a construction injury in Pennsylvania?
You must report a work injury to your employer within 120 days of the accident to preserve your right to workers’ compensation benefits. Reporting within the first 21 days allows benefits to be paid from the date of injury. To file a Claim Petition, you generally have three years from the date of injury. Report your injury in writing as soon as possible and contact an attorney before speaking to your employer’s insurance company.
Can I receive workers’ comp and sue a third party at the same time?
Yes, though the two claims interact. If you recover money from a third-party lawsuit, Pennsylvania workers’ compensation law gives the insurer a right to be reimbursed for part of what they paid you — called a subrogation lien. However, the combined recovery from both claims typically far exceeds what workers’ comp alone would provide, especially once pain and suffering damages are included. We handle both claims together to maximize your total recovery.
Where will my Delaware County workers’ compensation case be heard?
Disputed Delaware County workers’ compensation claims are decided by Workers’ Compensation Judges in the Pennsylvania Bureau of Workers’ Compensation hearing offices that serve the county. If you disagree with a judge’s decision, you can appeal to the Workers’ Compensation Appeal Board. We prepare and present your case at every stage of that process.

Free Consultation

Hurt on a Delaware County job site? Call us — we will review your claim, identify every source of compensation, and tell you where you stand. No fee unless we win.

(215) 714-1500Schedule Online →

Key Deadlines

120 days to report your injury to your employer
3 years to file a Claim Petition
2 years to file a third-party lawsuit
21 days to report for benefits from the injury date

Construction Injuries We Handle

  • Falls from heights
  • Struck-by accidents
  • Caught-in and crush injuries
  • Electrocution
  • Tool and equipment accidents
  • Refinery and industrial hazards
  • Trench and structural collapse