A construction site injury can happen in a matter of seconds, but its consequences can last for years. A fall from scaffolding, a tool failure, a trench collapse, or contact with hazardous materials can result in serious injuries that require extended medical treatment, keep a worker out of the job for months, and permanently alter what work they are able to do. Knowing your rights after a construction site injury — and acting to protect them quickly — is critical to ensuring you receive the compensation you may be owed.
Mandelbaum Barrett PC’s attorneys advise injured workers and their families on their legal options following serious workplace accidents. The firm’s workers’ compensation practice helps clients navigate the legal framework that governs benefits for injured workers, including what benefits are available, how to preserve claims, and when a third-party lawsuit may provide additional recovery beyond the workers’ compensation system.
Workers’ Compensation and Its Limits in New Jersey
New Jersey’s workers’ compensation system provides injured workers with medical coverage and wage replacement benefits regardless of fault. A worker injured on a construction site generally does not need to prove that the employer was negligent to receive workers’ compensation benefits — the injury arising out of and in the course of employment is typically sufficient. However, the workers’ compensation system also limits an injured worker’s ability to sue their direct employer, replacing the right to sue with the statutory benefits the system provides.
For many construction workers, workers’ compensation benefits from their direct employer represent only part of the potential recovery. Construction projects typically involve multiple parties — general contractors, subcontractors, property owners, equipment manufacturers, and others — and an injury caused by the negligence of a party other than the direct employer can support a third-party lawsuit that is not subject to workers’ compensation limitations. Identifying all potentially responsible parties is an important early step in evaluating the full scope of what an injured worker may be able to recover.
Common Causes of Serious Construction Site Injuries in New Jersey
New Jersey construction sites present a range of hazards that lead to serious injuries. Among the most common causes of severe construction injuries are falls from height — including falls from ladders, scaffolding, and open floor edges — which account for a disproportionate share of construction fatalities. Struck-by incidents, in which workers are hit by falling objects, swinging equipment, or moving vehicles, are another leading cause of serious injury. Electrical hazards, trench and excavation collapses, and exposure to hazardous materials also contribute significantly to the injury burden on construction sites.
According to OSHA, the four leading causes of construction worker fatalities nationally are falls, struck-by incidents, electrocutions, and caught-in or between accidents. Together these categories account for the majority of construction deaths each year, and each represents a category of cases in which employer or third-party negligence frequently plays a contributing role.
Steps to Take After a Construction Site Injury
The steps a worker takes in the days and weeks following a construction site injury can significantly affect both their medical recovery and their legal options. Workers should report the injury to their employer promptly and in writing, seek medical attention without delay, and preserve any evidence related to how the accident occurred. Photographs of the accident scene, contact information for witnesses, and copies of any incident reports are all potentially valuable. Workers should also be aware that the statute of limitations for workers’ compensation claims and third-party lawsuits in New Jersey are different, and that consulting with legal counsel early in the process allows for a full assessment of all available options before deadlines pass.
Contact Mandelbaum Barrett PC After a Construction Site Injury
If you have been seriously injured on a construction site, the legal team at Mandelbaum Barrett PC can help you understand your rights and evaluate all of your options for recovery under New Jersey law.
Reach out through our contact page to speak with our attorneys. We are here to help injured workers and their families secure the compensation they may be owed following a serious workplace accident.