Frequent Problems in Nonsubscriber Work Injury Cases

There is only one defense for employers to evade responsibility for a workers’ comp claim, and that is the “sole proximate cause” defense. What this defense argues is that the injured or harmed employee is wholly and completely responsible for his or her own pain and suffering due to his or her own carelessness, recklessness, and/or negligence. More about our “Workers Compensation Lawyers in San Antonio” here

The Texas Workers’ Compensation Act of 1993 had the intent of protecting businesses and giving them protection against expensive lawsuits from injured workers. Texas workmans’ comp law is in part created to punish nonsubscribers in order to persuade these employers to buy state-sanctioned insurance in the hope of reducing the amount of work-related injury lawsuits that were clogging up the Texas judicial system’s resources and further protect injured employees while offering more Texas employees coverage. The only defense left to nonsubscribers is the sole proximate cause defense. Find information on how to act after a “Work Accident Injury in San Antonio” here.

Since this is the only allowable defense for nonsubscriber employers, they use this defense in almost every case. In order for an employer to prove sole proximate cause, they will take whatever underhanded measures they can to show to the judge and jury that you were the cause of your own harms and injuries.

Though nonsubscriber employers took the risk to opt out of workers’ compensation insurance to save money and assets, you can almost guarantee that they will spend their profits and use their assets to hire aggressive and skilled defense teams to protect their businesses and corporate interests. Their defense teams will devote all of their energies to proving your carelessness in the workplace so they can deny or minimize the compensation that is rightfully yours for your harms and injuries.

Employers and their insurance carriers will attempt to bully you into accepting a minimal and far less than adequate settlement that will not cover your medical expenses and lost wages resulting from your accident. They know how to deceive and influence work accident victims by convincing them that the insurers, in fact, truly have the victim’s situation and interest at heart and that the proposed settlement is not only fair but the best one the victim could possibly get. The reality is, however, they are only concerned with saving money for the employers and their insurance carriers, with the intent of protecting their own assets at the price of your own well-being.

Texas law admits of only one other option for employers to get out of paying workplace injury claims, and that is to deny the existence of an employer-employee relationship with those injured in the workplace. If the injured worker is, in truth, not a “real” employee, then the employer in question cannot be expected to pay employer benefits to those who are not on the regular company payroll. Many employers will conceal and complicate the nature of the relationship with certain workers who are not regular employees. For example, many employers contract out work to vendors, builders, truckers, security personnel, etc., and classify these workers as contractors. State law does not compel nonsubscriber employees to provide the same safety standards to contract employees. It follows that by denying this as an employer-employee relationship, employers avoid responsibility for the harms and injuries contract workers receive in the workplace.

At Munley Law, we understand how a work injury can impact your health and your paycheck. Our Allentown, PA-based lawyers are here to protect your rights every step of the way.

Understanding Your Rights After a Construction Site Injury in Allentown
 

Construction sites are some of the most dangerous workplaces in Pennsylvania, and Allentown is no exception. From heavy machinery to high scaffolding and fast-paced work environments, the risk of injury on a construction site is constant. When an accident happens, it’s critical to understand your legal rights, especially regarding workers’ compensation and potential third-party claims.

Find more information on Workers’ Compensation here

At Munley Law Personal Injury Lawyers, we’ve represented countless injured construction workers throughout Allentown and the Lehigh Valley. We know that recovering from a worksite injury can be overwhelming, but understanding your rights can make all the difference in your financial recovery and long-term well-being.

Construction site injuries range from minor to life-threatening. Some of the most common injuries include:

Falls from scaffolding, ladders, or roofs
Crush injuries from collapsing structures or machinery
Electrocution from exposed wiring
Traumatic brain injuries from falling objects
Fractures and amputations from machinery
Back and neck injuries from overexertion or repetitive motion
Burns from welding equipment or chemicals

These injuries often lead to extended time off work, costly medical care, and in some cases, permanent disability. Pennsylvania workers’ compensation laws are designed to provide immediate support to injured workers, but the process isn’t always straightforward.

In Pennsylvania, you are generally entitled to workers’ compensation benefits if you’re injured on a construction site while working. These benefits are available regardless of who was at fault for the accident, and they typically cover:

Medical expenses related to your injury
Partial wage-loss benefits (usually two-thirds of your average weekly wage)
Specific loss benefits for permanent damage to a body part
Disability benefits if you can’t return to work

To receive these benefits, you must report your injury to your employer within 120 days—and preferably much sooner. The sooner you report the injury, the more likely you are to receive full benefits without delays or complications.

In most cases, you cannot sue your direct employer for a work-related injury. However, construction sites often involve multiple companies working together. This opens the door to third-party liability claims if someone other than your employer caused or contributed to your injury.

Examples of third parties on a construction site include:

General contractors or subcontractors
Property owners or developers
Equipment manufacturers or rental companies
Electricians, plumbers, or other independent specialists
Safety inspectors or engineering consultants

If one of these parties acted negligently, you may be able to sue them in addition to filing for workers’ compensation.

Let’s say you work for a subcontractor on a large commercial build in Allentown. A general contractor from another company fails to secure overhead materials properly, which fall and injure you. In this case, you can collect workers’ compensation through your employer and file a personal injury lawsuit against the general contractor.

This dual path allows you to recover more than just medical bills and wage loss—you can also seek compensation for:

Pain and suffering
Loss of enjoyment of life
Emotional distress
Punitive damages (in cases of gross negligence)

It’s common for injured construction workers to be unsure about which parties may be held accountable. That’s where an experienced legal team becomes essential. At Munley Law, we investigate every accident thoroughly to identify all sources of liability and pursue the maximum available compensation.

Sometimes, your injury may have been caused by faulty or dangerous equipment. In that case, a product liability claim may be appropriate. For example:

A defective power tool explodes in your hands
A harness fails during a fall
A ladder collapses due to poor design

These types of injuries may justify a lawsuit against the manufacturer or distributor of the equipment, even while you’re receiving workers’ comp benefits.

Another common construction site injury scenario involves unsafe working conditions. If an employer knowingly violates OSHA regulations or fails to provide adequate safety equipment, you may have a stronger case for additional compensation, especially if those violations are well-documented.

Even though Pennsylvania is a no-fault workers’ comp state, intentional misconduct or reckless behavior by an employer may create exceptions that allow for civil litigation.

Construction injuries are often serious, and navigating your rights can be complex. That’s why it’s important to take the following steps right after an injury:

Report the incident to your supervisor immediately
Seek medical treatment from an approved provider
Document the scene if possible (photos, witness names, conditions)
File a formal workers’ compensation claim
Contact an experienced construction accident attorney

Delays in any of these steps could hurt your case or reduce your benefits.

At Munley Law Personal Injury Lawyers, we help injured construction workers in Allentown get the justice and compensation they need. Our firm has the resources to take on large contractors, insurance companies, and manufacturers. We’ll handle all communication, file your claim, investigate liability, and represent you through every step of the process.

We work on a contingency basis—meaning you pay nothing unless we win your case. Whether you’re just starting a claim or your benefits were denied, we’re here to help you secure your future.

If you’ve been injured on a construction site in Allentown, don’t leave your health and livelihood in the hands of insurance adjusters or company lawyers. Contact Munley Law today for a free consultation. We’ll protect your rights and help you pursue every available form of compensation.