Construction sites involve dangerous conditions and heavy equipment. Consequently, workers who suffer construction injuries may need to take weeks or months away from work to recover. In the most severe situations, construction accidents lead to catastrophic injuries that make it impossible for victims to ever return to their jobs.
These severe construction accident injuries create enormous financial stress for victims and their families. Even those who receive disability payments sometimes struggle because benefits only cover a portion of their lost income.
The path you take to seek compensation for your construction accident injuries will differ based on whether you suffered injuries on-the-job or you were injured while visiting a construction site. An experienced Newark construction accident lawyer can review the specifics of your accident and injuries and advise you on the best course of action for your particular situation.
Connect with Console & Associates, P.C. online or at (862) 300-4519 for a free case evaluation with a Newark construction accident lawyer to learn how we can help you get the compensation you deserve for your construction accident injuries.
The United States Bureau of Labor and Statistics reports that New Jersey’s private construction sector is the industry with the most workplace fatalities each year. New Jersey’s construction industry also reports tens of thousands of severe injuries that require time away from work and hospitalization. However, construction workers are not the only people at risk of having construction accidents. Visitors to construction sites and bystanders sometimes also suffer injuries in construction accidents.
The Occupational Health and Safety Administration warns that the following four types of construction accidents cause about 60 percent of all workplace injuries:
Examples of injuries that often give rise to a construction accident claim include:
If you live or work in Newark and have suffered injuries on the job in a construction accident, you may need to file a workers’ compensation claim to receive compensation for your medical expenses and lost wages. Your employer is legally required to carry workers’ compensation insurance that provides benefits to employees who suffer on-the-job injuries or illnesses.
Fault does not play a role in collecting workers’ compensation benefits. You can file a claim to receive benefits if you were injured while you performed your job duties, even if you made a mistake that caused your injuries. If your employer’s workers’ compensation insurance provider approves your claim, you will likely receive compensation for medical treatment costs related to your injuries. Workers’ compensation also pays injured construction workers a portion of their lost income from missing work, typically two-thirds of their average weekly wage.
Injured construction workers get compensation from workers’ compensation, but benefits do not pay their full salary and have a maximum payout. This can leave construction accident victims and their families without all the household income they need to pay their monthly bills, buy food, and provide for other daily needs.
You do not always need the help of a construction accident attorney to file a workers’ compensation claim, but it’s in your best interests to consult with an attorney. A personal injury lawyer can identify potential ways you can seek additional compensation for your injuries.
The workers’ compensation insurance system protects businesses from lawsuits when on-the-job injuries occur, so you typically cannot sue your employer after a construction accident. However, some special circumstances serve as exceptions.
Examples of situations where you might have grounds to bring a lawsuit against your employer after a construction accident include:
New Jersey law requires all employers to purchase workers’ compensation insurance unless they are approved for self-insurance. Even employers who come from other states must have workers’ comp. insurance if they perform work in New Jersey. Failure to comply with the law typically gives injured workers grounds to sue their employer after a construction accident.
New Jersey’s Workers’ Compensation Statute prohibits your employer from firing you or discriminating against you in any way if you file a workers’ compensation claim. The same is true if you attempt to file a claim or testify in a workers’ compensation claim. Retaliation is often grounds for a lawsuit against your employer.
If you suffer injuries in the workplace because of a construction accident, you must notify your employer of your injuries within 90 days so that you can file a claim. The insurance provider will investigate the claim and make a decision. If they approve the claim, they will pay benefits. Unfortunately, some providers deny claims for questionable reasons, delay benefits, and engage in other bad faith actions. This could also result from your employer’s actions, which opens them to liability in a civil lawsuit.
Sometimes injured construction workers can also seek compensation for their injuries from a third party, even if they collect workers’ comp. benefits from their employer’s insurer. Construction accident victims who are not on the job when they sustain injuries might also seek compensation from one or more parties after a construction accident. Examples of parties your attorney might advise you to name in a lawsuit include:
New Jersey law requires property owners to maintain a safe environment for visitors. This applies to construction sites, which are already dangerous in their own right. Courts sometimes hold property owners financially liable for construction accidents when their negligence led to the accident.
Owners have a legal duty to warn visitors of dangers they know about or should know about on their properties. Property owners who invite contractors onto their property to do construction work and fail to warn them of potentially hazardous conditions open themselves to financial liability if an accident happens.
In many situations, landowners and developers are the same individuals or business entities. In other situations, property owners give their rights to a real estate company or individual to develop their land. If a construction accident happens and leads to injuries, the developer and the owner could share liability for damages.
Construction workers use machinery, tools, and equipment to do their jobs, whether they are working on roads, skyscrapers, or homes. Defective machinery or tools can sometimes lead to dangerous or fatal construction accidents. Workers and visitors alike risk severe and fatal injuries when a defective piece of equipment causes an accident, often making manufacturers liable for damages. Wholesalers and retailers can also be liable if they knowingly sell defective equipment, machinery, or tools.
On some construction sites, workers use toxic substances to do their job. Companies that make toxic and/or hazardous substances that lead to explosions, burns, and other injuries could be liable for damages depending on the circumstances. Much like equipment manufacturers, companies that resell or distribute hazardous substances might be liable for damages in a construction accident caused by a dangerous substance.
Drivers do not often cause accidents on commercial or residential construction sites, but it does happen occasionally. Construction accidents that involve motor vehicles more commonly occur at the sites of road construction. Careless drivers who do not safely navigate construction zones sometimes strike road crew members, equipment, and other machinery. Drivers in cars, trucks, and other motor vehicles are often liable for damages when they cause an accident in a road construction area.
The examples above are common parties whom you might name as defendants in your construction accident injury lawsuit. An experienced Newark construction accident attorney can investigate your accident, uncover relevant facts, and reveal the parties you should name in your construction accident claim.
An injured construction worker can file a workers’ compensation claim to receive compensation for medical expenses and lost wages after suffering construction accident injuries. These benefits do not compensate workers for pain and suffering and other non-economic losses associated with their injuries. Whether you are a construction worker or not, consult with an attorney to learn about your legal options.
If you bring a lawsuit against a property owner, business, or another party, you can receive compensation for your injuries if you reach a settlement agreement or a court rules in your favor.
Construction accident victims commonly receive compensation for some or all of the following damages related to their injuries:
Unfortunately, some construction accident victims do not survive their injuries. If a family member has died due to a Newark construction accident, you can seek compensation for your loss. New Jersey law permits eligible survivors to apply for workers’ compensation death benefits if their loved one died while they were working. Depending on the situation, family survivors might also bring a wrongful death lawsuit against additional parties.
Damages in a New Jersey wrongful death lawsuit can include many of those listed above, in addition to funeral costs, burial expenses, and compensation for damage to relationships such as loss of parental guidance for minor children and loss of companionship for surviving spouses. Your Newark construction accident lawyer can answer questions about workers’ comp. death benefits and wrongful death lawsuits, so you can make an informed decision about how to proceed.
Construction accidents often result in life-threatening injuries that devastate victims and their families. The dangerous equipment and structures that dominate construction sites require a dedication to safety that is not always present. If you have sustained injuries in a Newark construction accident, you deserve to receive compensation for your financial losses and pain and suffering and to get the treatment you need.
Contact the compassionate and skilled legal team at Console & Associates, P.C. online or at (862) 300-4519 to discuss the accident that led to your injuries and to learn more about how we can help. At Console & Associates, P.C., we understand the struggles our clients face after serious injuries. We accept new clients on a contingency fee basis, deducting our attorney’s fees from any compensation we secure for your construction accident injuries.
Console and Associates, P.C.
494 Broad Street, #208B
Newark, NJ 07102