FAQ: What to do After a New Jersey Construction Accident
It seems that no matter where you go in New Jersey, you’re going to stumble upon a construction site. Our state is home to many ongoing construction projects, whether they be expanding highways, constructing new buildings or maintaining existing structures. As such, it’s not surprising that about 1 in 5 workplace fatalities are construction-related. It goes without saying that the construction industry is inherently dangerous, however it’s important to know what your options are if you’re injured on a New Jersey construction site. Learn more below.
Who Can File a Construction Injury Lawsuit?
The good news is that anyone who is currently working at, visiting or even injured while passing by a job site is able to file a claim. Depending on the situation, lawsuits may be able to be filed against the property owner, general contractor, subcontractor, construction manager or developer.
Who is Responsible Following a Construction Site Injury?
Determining who is responsible for a construction accident depends on the situation. Construction workers deserve to be working in a safe environment and it’s up to the property owners and crew leaders to ensure this is so. When this duty of care owed to the workers is breached, anyone from the crew leader, property owner and construction manager may be held liable.
It’s also important to remember that if a worker is injured by either themselves or another co-worker, they are still entitled to pursue a workers’ compensation claim. Workers’ compensation is a no-fault system, meaning that unless the worker was intoxicated or injured outside the scope of their employment, they will be able to recoup some of their lost wages through a workers’ comp claim.
What Should I Do Following a Construction Site Injury?
As with any accident, the most important thing to do following a construction accident is to seek medical attention. Not only is this an important step in getting better but it’s an important piece of evidence to use both in filing a workers’ compensation claim or personal injury claim. The injuries a construction worker can sustain are often catastrophic and the sooner you’re checked out, the better your recovery will be.
In addition to medical care, it’s also important to consult with a personal injury or workers’ compensation lawyer who can help you determine the best course of action.
Who Regulates Construction Site Safety?
The Occupational Safety and Health Administration, or OSHA, is responsible for enforcing safety rules and regulations on construction sites. These standards cover common worksite hazards such as respiratory safety, falling tools and equipment, trench collapses, trusses, electrical systems, scaffolding and fall protection.
How Long Do I Have to File a Personal Injury Claim?
It is important to keep time limits in mind when evaluating your legal options following a construction accident. In New Jersey, you have up to two years from the date the incident occurred to file a personal injury claim. While this may seem like a long time, this window can easily be missed when you’re dealing with an unexpected injury. An experienced personal injury lawyer will be able to help you file a claim within this statute of limitations to ensure you don’t miss out on your opportunity for compensation.
What Damages Can I Recover From a Construction Accident?
Construction accidents often lead to catastrophic injuries, meaning that many workers will be unable to return to work while experiencing hefty medical bills and their associated costs. You can recover damages through a lawsuit including wrongful death, loss of consortium of spouse, medical costs, economic losses, loss of enjoyment of life, disability and impairment, and physical or emotional damages.
What is the Difference Between Workers’ Compensation Benefits and a Personal Injury Lawsuit?
Even if your employer has workers’ compensation coverage, there is often a limit to the benefits that you can receive. These benefits will often only cover medical bills and wages short-term. Severe construction site injuries can also exceed the maximum compensation limits allowed through a workers’ compensation claim.
Can I File a Construction Accident Lawsuit After Receiving Workers’ Compensation Benefits?
If you exceed the compensation available through workers’ compensation and you still have ongoing costs, it is possible to file a construction accident lawsuit.
Do I Really Need a Construction Accident Lawsuit?
The intricacies of a construction injury can be complex. You need the experience and skills of a knowledgeable attorney to get your case resolved so you can get the compensation you deserve.
Contact a Red Bank Personal Injury Lawyer to Discuss Your Construction Accident Case in New Jersey
Were you or a loved one injured due to a construction accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured in Edison, Old Bridge Township, New Brunswick, Middlesex and throughout Monmouth County, Ocean County and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 25 Reckless Place, Red Bank, NJ 07701 as well as offices in Hazlet and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.