A New Jersey construction worker was killed Monday in a tragic accident at an active construction site near Main Avenue and Homer Street in Clifton, New Jersey. According to reports, the worker was fatally crushed when a boom lift truck overturned as it was being delivered to the site. Clifton Police, firefighters, emergency responders, as well as representatives from OSHA responded, and the investigation remains ongoing.
This heartbreaking incident is a reminder of how dangerous construction sites and on-the-job hazards can be, especially if heavy machinery is being moved, unloaded, or operated. For any family facing a sudden loss like this, the days after the accident are often filled with grief, confusion, and unanswered questions. In moments like these, understanding your rights under New Jersey law can make an important difference.
Personal injury law firm, Davis, Saperstein & Salomon, P.C., based in Teaneck, New Jersey, extends its heartfelt condolences to the family affected by this tragedy. For more than 40 years, the firm has stood beside injured victims and grieving families throughout New Jersey. With over 40,000 families helped and more than $1 billion recovered in verdicts and settlements, our attorneys understand how devastating a construction accident or wrongful death can be and how difficult it is to move forward after the sudden loss of a loved one.
Why OSHA and Construction Site Investigations Matter
After a fatal construction accident, one of the first steps is to determine exactly what happened and why. That is where OSHA investigations can become important. In a case involving a boom lift overturning or accident at a construction site, investigators may look at whether the equipment was being unloaded properly, whether ground conditions were safe, and whether workers involved had proper training and were following the requiredsafety procedures.
Construction accidents will also often have more than one company or party that contributed to negligence. Depending on the facts, liability may extend beyond the worker’s direct employer to a general contractor, subcontractor, property owner, equipment company, truck operator, or another third party that could have played a role in the dangerous condition that caused the fatal accident.
This is why these cases need careful legal review and investigation from an experienced New Jersey construction accident or NJ wrongful death attorney. A full investigation can help preserve evidence, identify every responsible party, and make sure the family understands every possible claim that’s available to recover the compensation deserved.
Wrongful Death and Survival Claims Under New Jersey Law
When a fatal construction accident is caused by negligence, New Jersey law may allow both a wrongful death claim and a survival claim. Under the New Jersey Wrongful Death Act, N.J.S.A. 2A:31-1 et seq., families may seek damages for the financial and practical losses caused by the death. These damages are generally based on what’s called pecuniary losses, meaning they compensate for the financial loss of care, guidance, and services the loved one would have provided, rather than just the emotional loss alone.
Under N.J.S.A. 2A:31-5, that can include:
- Loss of companionship
- Funeral and burial expenses
- Loss of the loved one’s income and financial support
- Loss of household services, care, guidance, and assistance that the loved one provided
- Related medical bills
- Conscious pain and suffering (pursued under the Survivor’s Act when applicable)
In addition, there may also be a separate claim under the Survivor’s Act, N.J.S.A. 2A:15-3, which allows recovery for the pain and suffering the deceased experienced before death. In other words, the wrongful death claim focuses on the family’s losses, while the survival claim focuses on the harm suffered by the person who died. In serious New Jersey construction accident cases, both may be important to pursuing the full compensation allowed by law. A legal claim can’t undo the pain of losing someone, but NJ law does recognize that surviving families should not be left to carry those burdens alone when negligence caused the death.
New Jersey Workers’ Compensation and Death Claims
The worker was on the job when the fatal accident occurred, so his family may also be entitled to workers’ compensation death benefits in New Jersey. Those benefits can help ease some of the immediate financial pressure after a tragedy by providing support for dependents and loved ones helping to cover things such as funeral costs. A workers’ compensation death benefit claim is different from a wrongful death claim because it is a no-fault system, which means benefits may still be available even before the full investigation is finished or anyone is held accountable.
In a fatal construction accident case, workers’ compensation may be only part of the picture. If someone other than the employer contributed to what happened, the family may also have a separate third-party claim. That can be especially important on construction sites, where multiple contractors, vendors, equipment companies, and supervisors may all be involved.
In these complex cases, it’s vital to have an attorney who understands what claims are available for recovery and who has had experience protecting injured workers and their families. Steven H. Cohen, Esq., a Partner and Chairman of the Workers’ Compensation Section at Davis, Saperstein & Salomon, P.C., has spent decades fighting for workers across New Jersey. He is widely respected for his deep knowledge of workers’ compensation law, his leadership in the field, and the genuine care he brings to every case. Steve also wrote the firm’s guide, Getting the Benefits You Deserve: Everything You Need to Know About Your Workers’ Compensation Claim, to help injured workers better understand their rights and the benefits that may be available to them.
How an Attorney Investigates Every Possible Source of Recovery
After a fatal construction accident, the real work is in finding out exactly what happened, who was involved, and where the family may be able to recover compensation. These cases are often more complicated than they first appear, especially on construction sites where multiple contractors, vendors, property owners, and equipment companies may all play a role.
Founding Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein, Esq. has spent more than four decades investigating all avenues of compensation in complex injury and wrongful death matters. His background reflects the kind of leadership and trial experience all families deserve in a New Jersey wrongful death case. He is a Civil Trial Lawyer certified by the Supreme Court of New Jersey, a distinction held by less than two percent of all of New Jersey’s attorneys. Marc has also served in major leadership roles, including as President of the New Jersey Association for Justice, and was also recognized with NJAJ’s highest honor, the Gold Medal for Distinguished Service, in 2022. He has lectured on topics including wrongful death and survival actions, and construction and safety liability. His experience and leadership make a critical difference in the outcome of these cases, where families need both a compassionate and powerful New Jersey lawyer to pursue every available path to recovery.
A construction site or wrongful death claim can include investigating:
- Reviewing OSHA findings
- Examining site safety records
- Identifying contractors and subcontractors
- Preserving photographs and video evidence
- Speaking with witnesses
- Reviewing equipment inspections
- Determining if negligent unloading procedures, poor supervision, or mechanical failure played a role
When a fatal construction accident may involve a workers’ compensation claim, a wrongful death case, and possible third-party liability, having the right legal team makes a real difference. A thorough and compassionate NJ wrongful death attorney will take on the legal burden, investigate every possible source of recovery, and build the case carefully so the family can focus on grieving and healing.
Moving forward After a New Jersey Wrongful Death or Workers’ Compensation Accident
For families searching for a New Jersey wrongful death lawyer, New Jersey workers compensation attorney, Bergen County wrongful death lawyer, construction site attorney, or Clifton wrongful death lawyer, it is important to work with a firm that understands both the legal issues and the human side of these cases.
From its Teaneck office, Davis, Saperstein & Salomon, P.C. represents families throughout New Jersey in wrongful death, construction accident, and workers’ compensation matters. The firm knows that no amount of compensation can replace a loved one, but it also knows how important it is for families to have experienced legal support during one of the hardest times in their lives.
Clients seeking experienced personal injury lawyers near Teaneck, Newark, Colonia, Pennington, Jersey City, Hackensack, Princeton, Bergen County, Morris County, Passaic County, Essex County, Union County, or anywhere in the New Jersey or New York City area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, confidential, and no-obligation, consultations or second opinions, and has offices throughout New Jersey and New York City. We take cases on a contingency basis, meaning clients pay nothing unless the firm wins their case. Contact us today to get started.
If you have been injured at work and would like a copy of the Workers’ Compensation Guide, you can click the link or call 201-907-5000 to request a copy free of charge.
