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New Jersey Construction Accident Attorneys
Construction sites are inherently dangerous places. Heavy machinery is being operated, objects are being hoisted, and work must be performed at elevations. Construction workers confront these dangers on a daily basis. When a New Jersey construction accident occurs, it often results in serious injury or even death to the worker. At this time, it is important to speak with a New Jersey Accident lawyer to discuss your rights and options.
According to the Occupational Safety & Health Administration, the leading causes of worker deaths on construction sites were falls, electrocution, being struck by an object, and “caught–in/between” accidents. These types of construction accidents are known as the “Fatal Four” and were responsible for approximately 57% of all construction-related deaths in 2010 alone.
A New Jersey construction accident may be due to safety violations on the job site, or because of the negligence of a contractor or subcontractor that caused or contributed to the accident. Some common violations leading to injury include:
- Improper scaffolding
- Inadequate fall protection
- Inadequate hazard communication
- Lack of respiratory protection
- Improper electrical wiring methods, components, and equipment
- Improper use of ladders
- Negligent operation of a truck or machinery
- Inadequate machine guards
Workers’ Compensation
When a construction worker sustains an injury in a work-related accident, the worker is entitled to receive workers’ compensation benefits. These benefits include:
- Medical Benefits
- Temporary Total Benefits
- Permanent Partial Benefits
- Permanent Total Benefits
- Death Benefits
The injured worker is entitled to receive these benefits regardless of who was at fault for the accident. In exchange, however, the worker is barred from suing his or her employer in a civil action for pain and suffering and other damages. This prohibition only applies to acts of negligence and does not preclude an action for an intentional wrong.
Third-Party Claim
In addition, the ban against bringing a civil action for negligence does not apply to what are called “third-parties.” A third-party is some person or company other than the worker’s employer or a co-employee of the worker.
When the negligence or carelessness of a third-party caused or contributed to the accident, the injured worker may be entitled to a civil recovery apart from workers’ compensation for pain and suffering, medical expenses, lost earnings, and other damages. Such a third-party recovery is subject to a certain lien by the workers’ compensation carrier for reimbursement of expenses it paid on behalf of the claim. Generally, the law is designed to prevent the injured worker from obtaining a “double recovery” for the damages sustained.
Injured in a New Jersey Construction Site Accident?
Since 1987, Mr. DiMartini has represented people injured in accidents throughout New Jersey and the New York City metropolitan area. He has a long record of success winning favorable settlements and awards for his injured clients. He knows the defenses the other side uses to try to defeat your claim. He fights to get his injured clients the maximum compensation they are entitled to under the law.
If you or a loved one has been injured in a New Jersey construction accident, we are here to fight for your rights. Personal injury law is all we do. We get results!
