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New Jersey Construction Accidents & Injuries

Common Liable Parties in a New Jersey Construction Accident

new jersey construction worker using crutchesnew jersey construction worker using crutchesGenerally, you cannot file a personal injury lawsuit against your employer after an injury if they have workers’ comp insurance in New Jersey. In exchange for giving up the right to sue, workers’ compensation benefits will cover all your medical bills and a portion of your missed wages.

However, you may be able to file a third-party lawsuit against someone other than your employer if you and your construction accident attorney can demonstrate how the third party was negligent.

Some parties that may be liable for a New Jersey construction accident include the following:

  • The construction site owner — Many construction accidents result from the construction site owner’s negligence. This is when the owner can be held liable for an accident. If the owner knew about a hazard at the site and did nothing to address it, they may be responsible for an accident. These hazards include uncleaned spills, faulty railings or stairways, and other environmental dangers.
  • Contractors — Contractors must maintain a safe working environment in line with regulations set by the Occupational Safety and Health Administration (OSHA). They are also required to warn workers of any known hazards. If the contractor fails in either of these duties, they could be held responsible for a construction accident.
  • Other construction workers — Sadly, many construction accidents are caused by careless workers. For example, being injured by someone driving a construction vehicle on the job site qualifies as a workplace injury. You could file a lawsuit against the driver of the vehicle for compensation.
  • Equipment manufacturers — If a piece of machinery or equipment malfunctions at a construction site, the manufacturer may be liable if you can show the equipment had a defect.
  • Architects and engineers — Architects and engineers must make sure any structures they design are safe and structurally sound. If these requirements are not met and an accident occurs, the architect or engineer who designed the structure can be held liable.
  • Passers-by — Construction workers can be injured by passers-by who aren’t being careful. This risk is especially prevalent among road construction crews, as anyone driving nearby could crash into the construction site and hit a worker if the driver is not paying attention.

Are you ready to discuss your case? Contact us now to set up a free consultation.

Common New Jersey Workplace Violations in the Construction Industry

OSHA takes workplace safety violations and their resulting injuries very seriously. They keep detailed statistics to monitor ongoing trends. According to OSHA’s list of commonly used statistics, five of the most common safety violations in one recent year specifically involved the construction industry. Those violations were:

  • Fall protection systems violations
  • Ladder safety violations
  • Scaffolding safety violations
  • Fall protection training violations
  • Eye and face protection violations

Workers’ compensation benefits will cover all medical expenses related to the accident that your doctor has authorized. These benefits will continue until you either make a full recovery or your doctor decides that further treatment will not improve your condition.

injured construction workerinjured construction worker

If you miss more than seven days of work after an accident, you are entitled to wage-replacement benefits backdated to the day of the accident. These benefits are calculated using your average weekly wages before the accident. You will receive 70 percent of your average weekly wages in wage-replacement benefits, up to a maximum amount set by state law. In order to obtain maximum compensation, you should hire a New Jersey construction accident attorney.

Sometimes a workplace injury results in a worker sustaining a permanent partial disability. These benefits begin once any temporary disability has healed.

The duration and amount of these benefits are based on the extent of your disability and what parts of your body were injured.

If a construction accident leaves you permanently disabled, you are eligible for permanent total disability benefits. These benefits are based on your average weekly wages and last up to 450 weeks. You can seek to have these benefits extended after 450 weeks. However, your doctor will need to certify that you are still totally and permanently disabled.

Contact Our New Jersey Construction Accident Lawyers Today

If you’ve been hurt on the job and are worried about how you will pay your bills after a construction accident, you can rely on the New Jersey construction accident lawyers at Davis, Saperstein & Salomon, P.C. to guide you. We can develop a strong case with the input from our outstanding team of experts, working to secure the benefits you deserve. You should not have to worry about your finances after a construction accident. Our experienced attorneys are here to make sure the New Jersey workers’ comp system works for you instead of against you.

We have convenient locations throughout New Jersey and can meet at your home or remotely. Contact us today for a free case review with a skilled construction accident attorney in New Jersey.