Construction work ranks among the most dangerous jobs in America, and New Jersey construction sites see their fair share of serious accidents every year. If you’re a construction worker who has been injured on the job, or if you’re the family member of someone who has suffered a construction site injury in NJ, you need to know your rights. A New Jersey construction accident lawyer can help you get the compensation you deserve while you focus on your recovery.
Construction sites are filled with heavy machinery, dangerous tools, toxic materials, and working conditions that put workers at risk every single day. Even with safety protocols in place, accidents happen. When they do, the injuries are often severe and life-changing. Workers may face months or years of medical treatment, lost wages, and permanent disabilities that affect their ability to work and support their families.
Common Types of Construction Accidents in New Jersey
Construction accidents can happen in many different ways, but some types occur more frequently than others. Falls from heights represent one of the leading causes of construction injuries and deaths. Workers fall from scaffolding, ladders, roofs, and other elevated surfaces. These accidents often result in broken bones, spinal cord injuries, traumatic brain injuries, and sometimes death.
Struck-by accidents are another major category of construction site injuries. Workers get hit by falling objects, moving vehicles, or swinging equipment. A hard hat can only provide so much protection when heavy materials fall from significant heights. These accidents can cause head injuries, broken bones, internal injuries, and crush injuries.
Electrocution accidents happen when workers come into contact with power lines, faulty wiring, or electrical equipment. The construction industry has one of the highest rates of electrical deaths among all industries. Even non-fatal electrical injuries can cause severe burns, heart problems, and neurological damage that affects workers for the rest of their lives.
Caught-in or caught-between accidents occur when workers get trapped by heavy machinery, equipment, or structures. These accidents often involve excavation work, where workers can be buried in trenches or caught between moving parts of machinery. The injuries from these accidents are frequently catastrophic or fatal.
Chemical exposure represents another serious risk on construction sites. Workers may be exposed to asbestos, lead paint, toxic fumes, or other hazardous substances. Some chemical injuries show up immediately, while others develop over time and can lead to serious illnesses including cancer and respiratory diseases.
Equipment-related accidents happen when machinery malfunctions, lacks proper safety guards, or is operated by untrained workers. Cranes, forklifts, bulldozers, and other heavy equipment can cause severe injuries when something goes wrong. Poor maintenance or defective equipment often contributes to these accidents.
Your Rights as a Construction Worker in New Jersey
Construction workers in New Jersey have specific rights that protect them when they get injured on the job. The most basic right is to workers’ compensation benefits, which should cover your medical expenses and a portion of your lost wages while you recover from your injuries. Workers’ compensation is a no-fault system, which means you can receive benefits even if the accident was partly your fault.
However, workers’ compensation benefits often fall short of fully compensating injured workers for their losses. The system typically pays only two-thirds of your average weekly wage, up to a maximum amount set by state law. It doesn’t compensate you for pain and suffering, and it may not cover all of your medical expenses or lost earning capacity.
Construction workers may have additional rights beyond workers’ compensation. If your accident was caused by someone other than your employer, you may be able to file a third-party lawsuit. This could include claims against general contractors, subcontractors, equipment manufacturers, property owners, or other parties whose negligence contributed to your accident.
Third-party claims can provide compensation for damages that workers’ compensation doesn’t cover, including pain and suffering, full lost wages, and compensation for permanent disabilities. These claims often result in significantly higher compensation than workers’ compensation alone.
You also have the right to a safe workplace under federal and state safety regulations. The Occupational Safety and Health Administration (OSHA) sets standards for construction site safety, and employers must follow these rules. If your employer violated safety regulations and that violation contributed to your accident, it could strengthen your case for additional compensation.
The right to medical treatment is another important protection for injured construction workers. You have the right to receive prompt and appropriate medical care for your injuries. If your employer or their workers’ compensation insurance company denies necessary medical treatment, you have the right to challenge that decision.
Workers’ Compensation vs. Third-Party Claims
Many construction workers don’t realize they may be entitled to compensation beyond what workers’ compensation provides. Workers’ compensation is designed to provide quick benefits to injured workers, but it’s not designed to make workers whole again after serious accidents.
Workers’ compensation benefits include medical expense coverage, temporary disability benefits while you can’t work, permanent disability benefits if you have lasting impairments, and vocational rehabilitation if you need retraining for a different job. Death benefits are available to families of workers who die in construction accidents.
While workers’ compensation provides these benefits relatively quickly, the trade-off is that workers generally cannot sue their employers for additional damages. However, this limitation only applies to your direct employer. If other parties contributed to your accident, you may be able to pursue additional compensation through third-party lawsuits.
Third-party claims are particularly common in construction accidents because construction sites typically involve multiple contractors, subcontractors, and other parties. If a general contractor failed to maintain safe working conditions, if a subcontractor’s negligence caused your accident, or if defective equipment played a role in your injury, you may have grounds for a third-party claim.
Equipment manufacturers can also be held liable if defective products caused your accident. Construction equipment is subject to strict safety standards, and manufacturers can be held responsible when their products fail to meet those standards or when they fail to provide adequate warnings about dangers.
Property owners may also bear responsibility for construction accidents. If the property owner retained control over safety conditions at the construction site, or if dangerous conditions on the property contributed to your accident, you may be able to hold the property owner liable for your injuries.
Types of Compensation Available
The compensation available to injured construction workers depends on the specific circumstances of their accident and the types of claims they can pursue. Workers’ compensation provides several types of benefits, but third-party claims can provide additional compensation for damages that workers’ compensation doesn’t cover.
Medical benefits should cover all reasonable and necessary medical treatment related to your construction site injury. This includes emergency room treatment, surgery, hospitalization, doctor visits, physical therapy, prescription medications, and medical equipment. If your injury requires ongoing treatment, workers’ compensation should continue to cover these expenses.
Temporary disability benefits replace a portion of your lost wages while you’re unable to work due to your injuries. In New Jersey, these benefits typically equal two-thirds of your average weekly wage, subject to maximum and minimum amounts set by state law. You can receive temporary disability benefits as long as your doctor certifies that you’re unable to work due to your injury.
Permanent disability benefits are available if your injury results in lasting impairments that affect your ability to work or perform daily activities. New Jersey workers’ compensation law recognizes both partial and total permanent disabilities. The amount and duration of these benefits depend on the severity of your impairment and how it affects your earning capacity.
Vocational rehabilitation benefits may be available if your injury prevents you from returning to your previous job and you need retraining for different work. These benefits can include tuition for training programs, job placement assistance, and wage subsidies during retraining.
Death benefits are available to families of construction workers who die from job-related injuries. These benefits include burial expenses and ongoing payments to surviving spouses and dependent children.
Third-party claims can provide compensation for damages that workers’ compensation doesn’t cover. This includes full lost wages rather than the reduced amount provided by workers’ compensation, compensation for pain and suffering, loss of enjoyment of life, and other non-economic damages.
Future medical expenses and lost earning capacity are also recoverable in third-party claims. If your injury will require ongoing medical treatment or if it permanently reduces your ability to earn a living, a third-party claim can provide compensation for these future losses.
The Role of OSHA in Construction Site Safety
The Occupational Safety and Health Administration plays a crucial role in protecting construction workers from job-related injuries and illnesses. OSHA has specific standards for construction sites that address the most common hazards workers face.
Fall protection standards require employers to provide guardrails, safety nets, or personal fall arrest systems when workers are exposed to fall hazards. These requirements apply to work at heights of six feet or more in most situations. Employers must also ensure that workers are trained in the proper use of fall protection equipment.
Electrical safety standards address the risks of electrocution on construction sites. These standards require proper grounding of electrical equipment, protection of workers from overhead power lines, and safe installation and use of temporary electrical systems.
Excavation standards protect workers from cave-ins and other hazards associated with trenching and excavation work. Employers must inspect excavations daily, provide safe means of entry and exit, and implement protective systems to prevent cave-ins.
Scaffolding standards ensure that scaffolds are properly designed, erected, and maintained. Workers must be trained in scaffold safety, and scaffolds must be inspected regularly to identify and correct potential hazards.
Personal protective equipment standards require employers to provide and ensure the use of appropriate safety equipment, including hard hats, safety glasses, gloves, and fall protection gear. Workers must be trained in the proper use and maintenance of this equipment.
When employers violate OSHA standards and workers are injured as a result, it can strengthen their claims for compensation. Evidence of OSHA violations can be used to prove negligence in third-party lawsuits and may also be relevant in workers’ compensation cases.
Steps to Take After a Construction Accident
The actions you take immediately after a construction accident can have a significant impact on your ability to recover compensation for your injuries. Your first priority should always be getting medical attention for your injuries, even if they seem minor at first. Some serious injuries, including head injuries and internal injuries, may not produce immediate symptoms.
Report your accident to your supervisor or employer as soon as possible. New Jersey law requires injured workers to report workplace accidents within 90 days, but it’s better to report your accident immediately if you’re able to do so. Delayed reporting can sometimes complicate your workers’ compensation claim.
Seek immediate medical attention for your injuries. Even if you think your injuries are minor, it’s important to have them evaluated by a medical professional. Some injuries that seem minor initially can turn out to be more serious than they first appear. Getting prompt medical attention also creates a medical record that documents your injuries and their connection to your workplace accident.
Document the accident scene if you’re able to do so safely. Take photographs of the area where the accident occurred, any equipment involved, and your injuries. Get contact information for any witnesses who saw the accident happen. This evidence can be valuable if you need to pursue additional compensation beyond workers’ compensation.
Keep detailed records of all medical treatment you receive for your injuries. This includes doctor visits, hospital stays, physical therapy sessions, prescription medications, and any medical equipment you need. Also keep track of any time you miss from work due to your injuries.
Be careful about what you say to insurance representatives or other parties after your accident. Insurance companies may try to get you to make statements that could be used to reduce or deny your claim. It’s often best to consult with a construction accident attorney before giving detailed statements about your accident.
Don’t accept any settlement offers or sign any documents without first consulting with an attorney who has experience with construction site injury cases. Insurance companies often try to settle claims quickly for amounts that are far less than what injured workers are actually entitled to receive.
Why You Need a New Jersey Construction Accident Lawyer
Construction accident cases involve multiple areas of law and often require extensive investigation to identify all potential sources of compensation. An experienced New Jersey construction accident lawyer can help you get the full compensation you deserve while you focus on your recovery.
Workers’ compensation claims may seem straightforward, but insurance companies often try to minimize benefits or deny claims altogether. A construction accident lawyer can help ensure that you receive all the workers’ compensation benefits you’re entitled to, including proper medical treatment and fair disability benefits.
Identifying third-party liability requires a thorough investigation of the accident and the parties involved. Construction sites involve numerous contractors, subcontractors, equipment manufacturers, and other parties who may bear responsibility for accidents. An experienced attorney can identify all potential defendants and pursue maximum compensation from each responsible party.
Construction accident cases often involve complex technical issues related to safety regulations, equipment design, and industry standards. Attorneys who focus on construction accidents work with experts who can analyze these technical aspects and provide testimony to support your case.
Insurance companies have teams of lawyers and investigators working to minimize the amount they pay in claims. You need an experienced advocate on your side who knows how insurance companies operate and can protect your interests throughout the claims process.
Construction accident cases can be worth significant amounts of money, especially when they involve serious injuries or fatalities. The difference between handling a case yourself and having experienced legal representation can literally be hundreds of thousands of dollars in compensation.
Many construction accident attorneys work on a contingency fee basis, which means you don’t pay attorney fees unless your case is successful. This arrangement allows injured workers to access experienced legal representation without having to pay upfront costs at a time when they’re already facing financial hardship due to their injuries.
Statute of Limitations for Construction Accident Claims
Time limits for filing construction accident claims vary depending on the type of claim you’re pursuing. For workers’ compensation claims in New Jersey, you generally have two years from the date of your accident or from the date you became aware that your condition was related to your work.
Third-party personal injury claims have a two-year statute of limitations in New Jersey. This deadline runs from the date of your accident, and missing this deadline can prevent you from pursuing additional compensation beyond workers’ compensation.
Some types of claims may have different time limits. For example, if your claim involves exposure to toxic substances that caused illness over time, the statute of limitations may begin running from the date you discovered or should have discovered that your illness was work-related.
It’s important to consult with a construction accident attorney as soon as possible after your accident. Early legal consultation allows your attorney to begin investigating your case while evidence is still fresh and witnesses’ memories are clear. It also ensures that you don’t miss any important deadlines that could affect your right to compensation.
How Baker Williams Law Can Help
At Baker Williams Law, we have extensive experience representing construction workers and their families after serious workplace accidents. Our undefeated track record in personal injury and accident law means we know how to get results for our clients.
We understand that suffering a construction site injury can be one of the most challenging experiences in your life. You’re dealing with serious injuries, mounting medical bills, lost wages, and uncertainty about your future. We’re here to help you through this difficult time by handling the legal complexities so you can focus on your recovery.
Our team has in-depth knowledge of New Jersey construction accident law, workers’ compensation regulations, and OSHA safety standards. We work with medical experts, accident reconstruction specialists, and other professionals to build strong cases for our clients.
We investigate every aspect of your accident to identify all potential sources of compensation. This includes not only your workers’ compensation claim but also any third-party claims against contractors, equipment manufacturers, property owners, or other parties whose negligence contributed to your accident.
We handle all communication with insurance companies and their lawyers. Insurance companies often try to take advantage of injured workers who don’t have legal representation. We know their tactics and how to protect your interests throughout the claims process.
Our goal is to secure the maximum compensation available for your injuries, including medical expenses, lost wages, pain and suffering, and compensation for any permanent disabilities. We fight to ensure that you receive fair compensation that truly reflects the impact your injuries have had on your life.
We offer free consultations to discuss your construction accident case. During this consultation, we’ll review the details of your accident, explain your legal rights, and help you understand your options for pursuing compensation. There’s no obligation and no upfront cost to meet with us.
If we represent you, we work on a contingency fee basis. This means you don’t pay attorney fees unless we successfully recover compensation for your case. We believe that injured workers should have access to experienced legal representation regardless of their financial situation.
Contact Baker Williams Law Today
If you’ve been injured in a construction accident in New Jersey, don’t wait to get the legal help you need. The sooner you contact an experienced construction accident attorney, the better we can protect your rights and pursue the compensation you deserve.
Construction accident cases involve strict deadlines and complex legal issues that require immediate attention. Evidence can disappear, witnesses’ memories can fade, and important deadlines can pass if you delay too long in seeking legal representation.
At Baker Williams Law, we’re ready to put our experience and resources to work for you. We’ve helped countless construction workers and their families recover compensation after serious workplace accidents, and we’re committed to fighting for your rights.
Contact us today at https://bakerwilliamslaw.com/ to schedule your free consultation. We’ll review your case, explain your legal options, and help you take the first steps toward getting the compensation you need and deserve. Don’t let insurance companies take advantage of you during this difficult time. Let our experienced team fight for your rights while you focus on your recovery.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Each case is unique and must be evaluated on its own merits. If you need legal advice about a specific construction accident case, please consult with a qualified New Jersey construction accident lawyer.