Construction Accident & Injury Attorneys

SMB is the nation’s most experienced and successful law firm in the representation of construction accident victims.

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From decades of handling construction cases, SMB understands the inherent dangers involved in an industry that represents about seven percent of the U.S. workforce yet accounts for more than 20 percent of all workplace fatalities. To cite just two examples: roofing accidents kill about 100 workers annually while scaffolding accidents account for another 60 fatal incidents each year.

The injury statistics are just as startling—over 200,000 construction workers are injured on the job on an annual basis.

Construction workers built this great country, yet they are exposed to some of the most dangerous working conditions. We are proud to have represented hundreds of construction workers and their families.

Robert J. Mongeluzzi

Over the last 30+ years, SMB has represented hundreds of workers in construction accident cases. We have handled dozens of cases in each of the most common categories of job accidents:

Unmatched Results

Led by firm partner Robert Mongeluzzi, SMB has prosecuted more accident cases involving the construction industry than any other plaintiffs’ firm in the U.S. and has secured more multimillion-dollar verdicts and settlements in those cases, including:

  • $227,000,000 record-setting settlement for Salvation Army thrift store collapse
  • $101,000,000 settlement (largest for any construction case in U.S. history) for four workmen killed and 30 injured in 2003 collapse of the Tropicana Casino parking garage in Atlantic City, NJ
  • $75,000,000 verdict (largest ever awarded to an individual U.S. construction worker) for a road construction flagman run over by a drunk driver
  • $36,000,000 settlement for property damage victims in Montgomery County apartment complex caused by construction adjacent to apartment buildings
  • $24,100,000 settlement for construction worker, who broke through a drop ceiling tile and fell more than 30 feet, suffering a debilitating brain injury during the construction of the Conshohocken Rowing Center
  • $17,000,000 record-setting settlement for family of worker killed by overloaded crane hook
  • $16,500,000 settlement for millwright severely injured while working on plant repair project in Lehigh County
  • $16,300,000 settlement for ironworker whose leg was amputated in worksite accident
  • $14,000,000 settlement for roofer who suffered traumatic brain injury at worksite
  • $12,700,000 settlement for seven workers injured in scaffold collapse during construction of Kimmel Center
  • $12,000,000 settlement for roofer paralyzed by 40-foot fall
  • $10,000,000 for worker paralyzed in fall from pallet rack
  • $8,500,000 settlement for worker who suffered brain injury and spastic paraplegia from scaffold accident at worksite
  • $8,500,000 settlement for roofer paralyzed after backing off a roof
  • $6,100,000 settlement for demolition worker injured in fall caused by joist collapse
  • $5,900,000 settlement for a worker who fell through hole at worksite
  • $5,500,000 settlement for construction worker who fell 40 feet off tipped-over scaffold
  • $3,850,000 settlement for family of mine worker killed when crane operator lost control of massive piece of steel.
  • $2,735,732 verdict for carpenter whose ankle was shattered when a scaffolding platform board gave way
  • $1,950,000 settlement for plumber injured at construction site for Ritz Carlton hotel
  • $1,400,000 settlement with USX for mechanic injured in fall from catwalk
  • $1,120,000 settlement for carpenter injured in 24-foot fall from scaffold

Unmatched Experience

Simply put—we know construction. We also understand the safety measures necessary to protect the men and women working to build our homes, office buildings and bridges—and the management mistakes and shortcuts that lead to tragic accidents.

Many of our friends and family members are involved and invested in the industry. And SMB brings its extensive knowledge of safety codes and modern technology to every construction case it handles. We exhaustively search safety records, take comprehensive depositions, and have pioneered the use of video technology and computer animation to illustrate how each accident happened and its impact on our clients.

In these complex cases, SMB relies upon both its experience and the wisdom developed by leading construction safety experts to determine what went wrong. We want to know:

  • Were all OSHA regulations and contractual safety requirements met?
  • Were best practice safety measures such as perimeter cables and safety nets used?
  • Were all workers properly trained?
  • Did the general contractor fulfill its contractual obligations to provide for worker safety?
  • If the case involves a roofing accident:
    • Was the edge clearly marked by warning flags?
    • Was a safety monitor posted to warn roofers they were nearing the edge?
    • Were roofers appropriately tied off?
    • Were all openings properly covered or barricaded?
  • If the case involves a scaffolding accident:
    • Was the scaffold properly installed and secured to the building?
    • Was it erected with secured, adequately load-bearing planks, and equipped with guardrail fall protections?
    • Was it inspected before each shift?

To answer such questions, SMB thoroughly reviews all relevant information, including:

  • Job safety or job hazard analyses
  • Contracts between owners, general contractors, and subcontractors
  • Daily reports, OSHA records, and accident investigation

Unmatched Commitment

Bob Mongeluzzi wrote the Construction Accident Litigation chapter in Tort Litigation, the American Association for Justice’s most ambitious publication ever. He has also spent decades teaching other lawyers around the country how to handle construction cases.

SMB casts a wide net to identify potential defendants in every construction accident case. Property owners, general contractors, subcontractors, construction managers, construction companies, and equipment manufacturers may all be liable for construction accidents. SMB will work tirelessly to help you get all the compensation to which you may be entitled—including payments for pain and suffering, emotional trauma, past, and future medical expenses, lost income, and future earnings.

If you have been injured, or a family member has been injured or killed, as a result of a construction accident, SMB is committed to obtaining all the results you need and deserve.


1. What should I do if I have been in a construction accident?

Contact SMB immediately. To best protect your legal rights, you or your family should contact the construction attorneys at SMB. Our aggressive, emergency response construction team will fly in the country’s best construction experts, demand access to the site, document and preserve all evidence, interview witnesses, take photographs of the scene, and perform a thorough investigation into the cause of the accident to determine the responsible parties. Since construction sites are ever-changing, time is important as sometimes evidence could be moved, altered, or even destroyed, so contacting SMB as early as possible is crucial to your case. SMB will put all our effort toward protecting your legal rights so you can put all your efforts toward healing. Also, immediately after the incident, it is helpful to ask co-workers or union representatives to take pictures and video of the scene.

2. Who can I sue if I was injured while working at a construction site?

In every case, SMB identifies as many potentially responsible parties it can. In general, property owners, property managers, general contractors, subcontractors, plant managers, maintenance firms, installers, and equipment and materials manufacturers may all be responsible in workplace accidents. If equipment is involved, dealers, sellers, rental companies, and public utilities may be liable depending on the facts of a particular case. SMB carefully looks at all potential defendants in a thorough investigation.

3. Can I file a lawsuit if I was a subcontractor at the site?

Yes. As provided in many construction contracts, contractors typically promise to provide all proper safety measures at the worksite. If the general contractor failed to fulfill its contractual obligation to provide for worker safety, any breach of that duty can open the door to liability.

4. Why do I need a construction accident attorney?

Not all attorneys are the same. If you need someone to build a brick wall on your property; you call a mason, not an electrician. Both could be considered construction workers, but each has experience in different areas.

The same is true if you need a construction accident attorney. You need attorneys who handle construction accident cases every day. You need attorneys with record-setting results in construction accident case recoveries. You need attorneys that have a deep understanding of the safety measures required on construction sites to keep your loved ones protected. You need attorneys that understand daily construction reports, OSHA reports and accident reports. You need attorneys that have stood up to the construction industry and made positive safety changes for decades. You need the law firm, SMB, that the Philadelphia Inquirer called: One of the nation’s most dominant personal injury firms” and Law Dragon Magazine called the “King of Construction Accidents.”

5. What damages can I recover in a construction accident?

The law permits you to recover damages for your excruciating pain, loss of life’s pleasures, scarring and disfigurement, and emotional trauma. You can also recover damages for past and future medical expenses, past and future lost income and, potentially, punitive damages (money to punish a party for its bad conduct).

6. How long does a construction accident lawsuit take to resolve?

When a case is filed in Philadelphia County or New Jersey the entire process takes 2 ½ to 3 years. Many cases, however, settle earlier.

7. If I’m injured while working on a construction site, can I get more than just workers’ compensation?

Yes. SMB would bring a third-party lawsuit on your behalf, meaning SMB will sue the companies responsible for your safety who are not your employer. When injured at work, a worker automatically gets workers’ compensation benefits, including certain wages and paid medical bills. A third-party lawsuit is separate from a workers’ compensation claim and it can result in a much greater recovery when compared to workers’ compensation benefits.

For example, general contractors have overall site safety responsibility and may be held accountable for your injuries. Also, when you work on a construction site, there are typically other contractors, workers, or vendors also performing work. These individuals have a duty to act in a safe and reasonable manner to you. If you are injured because of unsafe working conditions caused by someone else, you may have a claim for money damages against them based on their negligence.

8. What is the difference between a third-party action and Worker’s Compensation benefits?

In general, a worker who was injured while working on their job is entitled to Workers’ Compensation benefits. Your employer is required to carry Workers’ Compensation insurance, and that can cover medical bills, a portion of lost wages, and partial or permanent disability if you are injured on the job. Workers’ Compensation does not pay for other damages, such as pain and suffering or punitive damages.

A “third-party action” is a lawsuit against someone other than your employer. Grounds for a lawsuit against someone else could be for: (1) manufacturing defects; (2) failure to provide safe conditions; and/or (3) premises liability (dangerous conditions on the worksite). In a third-party action, an injured worker can make claims for money for pain and suffering, emotional trauma, past and future medical expenses, lost income and future earnings, and punitive damages.

9. If I file a lawsuit, can they fire me from my job?

In general, an employer cannot legally fire you from making a workers’ compensation claim or reporting a workplace injury. It is a violation of public policy, and retaliation, if your employer fires you for reporting wrongdoing (whistleblowing) it would be considered a wrongful termination.

10. What if OSHA cited my employer?

An OSHA violation may be used as evidence in a third-party lawsuit. It can be used to show that an entity that manages and/or is in charge of safety did not properly supervise or monitor your employer for OSHA compliance.

11. What do I do if I am contacted by OSHA?

Contact your attorneys at SMB. We will contact OSHA and represent you during the OSHA investigative process. It is generally better to consult an attorney before voluntarily giving a statement to OSHA so you can have a full understanding of the process before you participate.

12. Who is responsible for making sure that the construction site where I work is safe?

Generally, at large commercial projects the general contractor is responsible for overall site safety. Other contractors also share joint safety responsibility. OHSA and the construction industry require a joint safety effort so everyone is looking out for worker safety. Safety responsibility should never be left solely to the worker.

13. How can I learn more about my injury claim?

Contact the construction attorneys at SMB TODAY. We will provide you with a free, confidential case evaluation. You can complete our online contact form or call our office at (215) 496-8282. We are committed to obtaining all the results you, or your loved one, need and deserve.

Ready for a free confidential case evaluation?

Contact us TODAY. Timing is critical for your case.