Construction Accident Lawyers in New Jersey
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Learn About Your Rights as the Victim of a Construction Site Accident
If you or a loved one has suffered an injury as a result of someone else's negligence, poor management, or defective machinery, you may be entitled to financial reimbursement in addition to workers' compensation benefits. The New Jersey on-the-job injury attorneys at Lependorf & Silverstein, P.C., are experienced at handling these cases, and will protect your rights and fight for the compensation you and your family deserve.
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- $695,000 Settlement - Bergen County Construction Accident
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An injured worker generally has two options when it comes to recovering damages in a construction accident case: workers' compensation and a personal injury or tort claim. It is important to know the following distinctions between the two:
- Workers' compensation operates on a strict liability system, meaning employees may receive benefits even if the employer was not at fault for their injuries. In exchange, employees are barred from suing the employer unless his or her conduct was "wanton and reckless." In personal injury claims, the claimant must prove the liability of the other party in order to receive compensation.
- The damages available through workers' compensation are quite limited due to certain statutory restrictions compared to the damages that can be recovered in a successful personal injury claim.
- Workers' compensation claims can only be filed with the employer, whereas personal injury tort actions can be brought against any party that had some liability in the accident.
You may sue a negligent "third party" such as a subcontractor, property owner, or the manufacturer and distributor of defective construction equipment depending on the circumstances.
An attorney can help you attain the optimal compensation amount available according to the specific circumstances surrounding your construction accident case.
Construction companies are responsible for upholding the safety regulations established by the Occupational Safety and Health Administration (OSHA) in order to protect employees from dangerous work environments. Negligent employers, contractors, or equipment manufacturers who fail to adhere to safety regulations contribute to hazardous and potentially fatal accidents. Dangerous code violations include:
- Inadequate training for employees on how to properly use machinery
- Failure to ensure a clean and sanitary work site
- Inadequate guard rails and other safety equipment
- Poor construction of scaffolding or temporary stairs
- Inadequate shields on exposed electrical wires
- Failure to alert workers about hazards with warning signs, etc.
If you believe that you or a loved one has suffered an injury on a New Jersey construction site due to someone else's negligence, whether an employer, coworker, or third party, you are entitled to seek compensation for your losses.
Q: What types of accidents are common in the construction industry?
A: According to OSHA, the leading causes of construction worker deaths, also known as the "Fatal Four," are falls, struck by object, electrocution, and caught-in/between objects. Other construction injures come from malfunctioning equipment, explosions, fires, exposure to toxic chemicals, and improper operation of machinery. When construction accidents happen, victims are likely to suffer from:
- Traumatic brain injury
- Back injury
- Broken bones
- Spinal cord injury
- Loss of hearing
- Loss of sight
Construction workers who have been injured should report immediately to a physician to have their injuries identified and treated, and should document all medical treatment.
Q: What damages may I recover after a construction accident?
A: While workers’ compensation benefits provide coverage for economic damages, such as medical expenses and lost wages, they do not cover non-economic damages, like pain and suffering. You may only receive compensation for all losses if you have a valid claim against a third party. Just be sure to file your claim before the deadline. In New Jersey, the statute of limitations for most injury cases is two years. However, the deadline for your case may vary depending on the circumstances.
Q: If I was a bystander injured while visiting or passing by a construction site, who can I sue?
A: You may have a viable lawsuit against the property owner or any of the contractors whose negligent actions led to your injury. You’ll likely need the help of a resourceful New Jersey construction accident attorney to determine whether the incident was reasonably foreseeable.
- Nail guns are used every day on construction sites. Unfortunately, what makes them efficient can also make them dangerous. The nails they drive are projectiles that can fly as fast as 1,400 feet per second. They are responsible for an estimated 37,000 emergency room visits annually, and 68% involve construction workers, according to the Centers for Disease Control and Prevention (CDC). The effects of nail gun injury can range from temporary inability to work to permanent incapacity or death. Nail gun injuries can result from a variety of causes, from equipment malfunction to co-worker inattention, or employer negligence in job site supervision and safety protocols.
- Compressed gas tanks are commonplace on construction sites. The gas is pressurized at up to 3,000 pounds per square inch. It is also highly flammable. Errors in storing or handling compressed gas tanks can lead to devastating accidents and serious injuries to workers, including burns, concussions, and broken bones, which can leading to disability and even death.
- Forklifts are a necessity on many construction sites. They also can be a hazard operating in congested areas with a mix of trucks, heavy equipment, and people. You have a right to expect safe conditions on the site whether you’re a worker, visitor, or a passerby.
- Roof/ceiling collapses can be deadly. Before they are solid structures that will last for decades, buildings are works in progress with partially built structural components susceptible to a variety of hazards, including roof collapses. Roof collapses may be the responsibility of different parties depending on the cause of the collapse, which could be due to one or a combination of factors.
- Welding is perhaps the most dangerous job in the construction industry. Welders are regularly exposed to injuries from toxic chemicals, electricity, and burns. These can lead to chronic conditions including permanent eye damage and Parkinson’s-like symptoms. The Occupational Health and Safety Administration (OSHA) estimates there are 500,000 welders nationwide, and at least four of every 1,000 will suffer a fatal job injury.
If you or a loved one has experienced any of these construction-site accidents, speak to a law firm you can depend on. At Lependorf & Silverstein, P.C., we have helped countless victims recuperate their losses and get on with their lives.
At Lependorf & Silverstein, P.C., our NJ injury lawyers provide an open line of communication to our clients, applying a holistic method to fit each client's specific situation and needs. Our construction accident attorneys are passionate about helping construction workers and their families receive the financial reimbursement they need for injuries caused by another's negligence while on a job site. Contact us at (609) 240-0040 for a free consultation about your case.
- Construction Accident Blogs
- Construction Site Safety - How Your Employer is Required to Keep You Safe
- Worker Safety Series - Construction
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