Lackawanna County Construction Accident Lawyer

Yes — against third parties. Workers' compensation bars suits against your direct employer in almost all cases, but you retain the right to sue any negligent third party (e.g. a general contractor, a subcontractor on the same site, an equipment manufacturer, or a property owner).

Workers' compensation is generally your exclusive remedy against your direct employer, even when they were negligent. There is a narrow intentional-conduct exception. We still investigate fully — sometimes the 'employer' on paper is not the entity actually responsible.

OSHA citations and inspection reports are admissible as evidence of the relevant safety standard and the employer's or contractor's failure to meet it. Prior violations can also be used to show notice and a pattern of disregard for worker safety.

Pennsylvania law (Section 319 of the Workers' Compensation Act) gives the comp carrier a subrogation lien against the third-party recovery. We negotiate that lien — it is rarely paid in full — so that as much of the settlement as possible ends up with you.

Generally two years from the date of the injury for third-party claims. Wrongful death claims are two years from the date of death. Workers' comp claims have their own (much shorter) reporting deadlines.

Suit is ordinarily filed in the Lackawanna County Court of Common Pleas in Scranton, where venue is proper under Pa. R.C.P. 1006 if the crash or incident happened in Lackawanna County or a defendant regularly conducts business there. Cases valued below the arbitration threshold are first heard by a board of arbitrators before any appeal to a judge and jury. Sean Quinlan litigates in county courts across Pennsylvania from the firm's Camp Hill office.

The heaviest crash volume in Lackawanna County tracks I-81, I-476, and US-11, along with the local arterials feeding Scranton. Corridor matters: a high-speed limited-access crash, an intersection collision on a signalized arterial, and a rural two-lane roadway each generate different evidence — different reporting agencies, different camera availability, and different roadway-design questions. We investigate a Lackawanna County case around where it actually happened.

The first two weeks decide most cases. In a Lackawanna County matter, we identify every entity on the jobsite beyond your employer — general contractor, subcontractors, property owner, equipment suppliers — because workers' compensation bars a suit against the employer but not against third parties. We also handle the insurer's contact so you are not giving a recorded statement while you are still being treated.

Most Pennsylvania injury claims carry a two-year limitations period under 42 Pa. C.S. § 5524, and that deadline is the same in Lackawanna County as anywhere in the Commonwealth. Shorter deadlines apply when a government entity is involved: written notice within six months under 42 Pa. C.S. § 5522 for claims against a Lackawanna County municipality, borough, or PennDOT. Call before you assume you still have time.

No, unless your share of the fault exceeds that of everyone you are suing. Pennsylvania follows modified comparative negligence under 42 Pa. C.S. § 7102: you can recover as long as you are not more than 50% responsible, and your award is reduced by your percentage. A Lackawanna County jury decides those percentages, and insurers routinely assign more fault than the evidence supports as an opening position.

No. We handle intake by phone and video for Lackawanna County clients and travel to you when meeting in person matters. The consultation is free, the case is handled on a contingency fee, and there is no fee unless we recover money for you. Call (717) 724-7503.