New Jersey Construction Worker Accident Attorneys
Construction jobs generally come with a very high risk of accidents and serious injuries. Workers often must use powerful machinery or work near hazards like power lines and roadways. It’s no surprise that the intense physical labor required in construction carries with it a high incidence of injury.
Construction site injuries can be serious or fatal. An injury at a construction site could mean costly medical bills, extensive treatment, and an extended time out of work. In more serious cases, the worker could be out of work for months on end—or even permanently.
If you or someone you know was injured in a construction accident, you need to speak to a New Jersey accident attorney as soon as possible. You deserve compensation for your injuries and losses. The attorneys at O’Connor, Parsons, Lane & Noble are experienced New Jersey construction accident attorneys who will guide you through the legal process and achieve the best possible outcome.
Common Causes of Injuries in New Jersey Construction Accidents
Construction is a very physical job. Repeated hard physical tasks create a lot of wear and tear on workers’ bodies, especially the joints and back, making minor injuries more serious. Common construction injury causes include:
- Being struck by vehicles;
- Burns from fire, electricity, or chemical exposure;
- Exposure to toxic chemicals;
- Inadequate safety equipment;
- Falling objects;
- Inadequate training; and
- Malfunctioning equipment.
Serious construction accidents can be fatal. According to the Occupational Safety and Health Administration, there are four top causes of construction fatalities:
- Falls—slipping off ladders or scaffolding, off buildings or machines, or through floors;
- Struck-by accidents—getting caught between moving and fixed objects;
- Electrocutions—being electrocuted by electrical hazards, i.e., exposed wires or overhead power lines; and
- Caught-In or Caught-Between Accidents—getting caught in a collapsed trench and being crushed or buried.
Construction accident injuries can leave workers with chronic pain, long-term health conditions, paralysis, or amputated limbs.
Most employers in the construction industry in New Jersey will have a workers’ compensation insurance policy. Workers' compensation insurance provides certain benefits to employees injured while they are working, regardless of who was responsible for the accident. In exchange, the worker gives up their right to sue their employer. Benefits include:
- Medical benefits—all medical treatments related to the injury, including any prescriptions or hospitalizations;
- Temporary total disability—partial wages for absences of more than seven days;
- Permanent partial benefits—for partial permanent disability, including if the worker has to take a lower-paying job; and
- Permanent total benefits—for total permanent disability.
If a construction worker dies because of an accident, their dependents can also collect death benefits through workers’ compensation insurance. Their dependents can recover 70% of the workers’ weekly wages.
Who Is Liable in a Construction Accident?
Employees in New Jersey cannot sue their employers for negligence if compensation is available through their employer’s workers’ compensation insurance policy. The only time this option might be possible is if the employer’s negligence was intentional or egregious. However, in some cases, there might be negligent third parties who are partially to blame for a construction accident.
For example, if tools or machines did not work properly and contributed to an accident, the injured worker could pursue a products liability claim against the manufacturer or seller. Another example of a negligent third party could be the property owner or general contractor if there were hazardous conditions present at the construction site which contributed to the accident. Safety at construction worksites is very important but not always managed properly. Your construction site accident lawyer will do the leg-work to investigate the facts of your case and determine who to sue for negligence if appropriate.
How Much Time Do I Have to File a Lawsuit?
When you are injured in a construction accident, you must get immediate medical attention and alert your manager right away. They should initiate the process for you to make a claim through your employer’s workers’ compensation insurance. If the insurance disputes or dismisses your claim, you can appeal it with the New Jersey Division of Workers' Compensation. You must do so within two years of the date of your injuries or of the last compensation payment for your medical treatments. The Division recommends hiring an attorney to help you through this process and represent you at your hearing.
Injured workers with third-party claims in New Jersey construction accidents must file their lawsuits within two years of the injury under the New Jersey statute of limitations. You should speak to an attorney sooner rather than later. You stand a better chance of receiving fair compensation for your injuries if you do not wait to act.
What Compensation Can I Receive from a Construction Accident Lawsuit?
Workers’ compensation insurance policies limit what damages an injured worker can recover after a construction accident. In a third-party lawsuit, injured construction workers are eligible for some compensation not available from workers’ compensation insurance. Injured construction workers can receive additional compensation for the following damages:
- All related medical treatments, including hospitalizations, prescriptions, physical therapy, and costs of hiring healthcare personnel or making accommodations to the person’s house or car;
- Lost wages and future lost income;
- Loss of enjoyment of life;
- Physical pain and suffering; and
- Emotional or mental trauma.
If the person died because of their injuries, their family members can receive wrongful death damages, including loss of support and funeral expenses. Additionally, if their employer’s negligent conduct was deliberate or especially egregious, they may be able to pursue punitive damages.
Do I Need a New Jersey Construction Accident Lawyer?
You would be wise to have a construction site accident attorney help you with your legal claim if you hope to receive fair compensation for your losses. If you do not have the proper experience, you can jeopardize your chances by trying to deal directly with insurance companies yourself. These companies are well-versed in dealing with such claims. Their job is to pay out as little money as possible to make your claim go away. They will have attorneys whose job is specifically to make sure of this, and you need your own legal counsel to make sure you do not get taken advantage of.
Construction accident lawyers in NJ can help you to go up against the insurance company. Your attorney will investigate the facts of your case and help identify the negligent parties to sue. They will gather evidence, collect witness statements, and handle all the necessary paperwork and filings. They will work hard to negotiate a fair settlement for your damages or craft a litigation strategy if they must take your case to trial.
O’Connor, Parsons, Lane & Noble Are Construction Accident Lawyers for New Jersey
O’Connor, Parsons, Lane & Noble specialize in personal injury litigation. We understand that construction accident injuries can often be tragically life-changing. We will help you navigate your workers’ compensation claims as well as file a lawsuit against any eligible parties. We can help you get the compensation you deserve for your injuries and suffering. Please contact us today to discuss your construction accident claim.
The client was terminated in retaliation for reporting her firm’s improper accounting practices.
Discuss Your Case with Our Construction Accident Attorneys Today
At O’Connor, Parsons, Lane & Noble, we believe in the importance of workplace safety. We will help you explore the best possible options for your case, possibly including financial compensation. If you have been injured on a construction site, we understand why you are seeking justice — and we can help you achieve it. Contact the attorneys of O’Connor, Parsons, Lane & Noble today to discuss construction work accidents and potential negotiations. It is important to contact an attorney early to ensure the best possible outcome. Contact us online or call us at (908) 928-9200 or 1-800-586-5817.