If you have suffered injuries from a construction accident, contact the attorneys at Brach Eichler Injury Lawyers today. Construction is a dangerous industry, and construction workers face numerous risks in the course of work. Construction activity can also harm pedestrians and other individuals, especially when negligence is involved.

Given the nature of construction, these types of injuries are often severe and may cause life-changing permanent damage. Treatment and rehabilitative costs alone can be enormous, and injuries can put you out of work. The attorneys at Brach Eichler Injury Lawyers can help you explore options for financial compensation for your losses after a construction accident. You shouldn’t be left alone to shoulder the burden of an accident, and we can provide relief.

Contact us today or call (973) 364-8300 to discuss your construction accident case with a New Brunswick personal injury lawyer.

Types of Construction Accidents in New Brunswick

Construction is one of the most dangerous professions in New Jersey, and workers have a high injury rate compared to other professions. Construction sites also create conditions that endanger those nearby. Below are some of the most common types of accidents in the construction industry.

• Falls – According to the Bureau of Labor Statistics, falls are the number one cause of workplace injuries across all industries. Construction workers are particularly at risk of falling injuries as they work from heights and on sites with numerous trip and fall hazards. Even a fall from a minor height can cause serious injury, depending on how the victim lands.
• Collisions with Objects – Falling or moving objects can strike unsuspecting individuals, causing head injuries, back injuries, and other physical trauma.
• Caught-Between Accidents – Caught-between accidents occur when a person gets pulled and pressed between objects or materials. Construction workers can also get caught in machinery, which can crush and amputate fingers, toes, and limbs.
• Electrocution – Construction sites have dangerous electrical equipment and exposed wiring, both of which can cause electrocution. Construction workers at heights on scaffolding are at a higher risk of lightning strikes.
• Fires – Construction materials like paper, plastic, and wood are flammable, and substances like fuel and solvents can explode when exposed to heat. Explosions can cause burns and shrapnel injuries.

Who Is Liable for Construction Accident Injuries?

Construction activity involves multiple coordinated groups, so accident liability can fall among many entities.

Construction Company

As a general rule, construction companies are liable for employee wrongdoing. If a construction crew negligently fails to secure materials that later fall and hit a pedestrian, the injured party could file a claim against the company. Companies may also be directly responsible if their negligence contributed to the accident. For instance, companies can be guilty of negligent hiring practices if they don’t properly certify or train their employees.

Contractors and Subcontractors

Construction companies often hire specific tasks out to contractors and subcontractors. These entities can also bear liability if their activity creates a hazard that hurts someone. An attorney can help you assign liability to any contractors or subcontractors who bear fault.

Equipment Manufacturers

If you sustain injuries due to defective construction equipment, the manufacturer can be responsible for paying your injury costs. In New Jersey, manufacturers are automatically liable for defective product injuries, even if they were not negligent.

Property Owners

Property owners may also bear responsibility for construction accidents. For instance, if a landowner was renovating a building and failed to properly fence off the construction site, they could be financially liable if a pedestrian hurt themselves.

What Kind of Compensation Can I Recover After a Construction Accident?

Construction workers who sustain injuries on the job typically file a workers’ compensation claim to cover their medical bills, lost income, and other injury-related losses. Other parties injured in a construction accident can file a personal injury claim to compensate for their financial losses and emotional suffering.

Workers’ Compensation

New Jersey requires all employers to carry workers’ compensation insurance to pay for injured employees’ medical bills and lost work income. When construction workers get injured at work, they report the injury, and their employer will file a workers’ compensation claim. Workers’ comp will pay for:

• Necessary and reasonable medical expenses
• Temporary disability benefits equal to 70 percent of weekly average earnings
• Permanent partial disability benefits equal to the New Jersey injury and disability schedule.
• Permanent total disability equal to 70 percent of weekly average earnings for a total of 450 weeks
• Death benefits

Some construction companies may label workers as independent contractors to avoid workers’ compensation liability. However, New Jersey employs an “ABC” test to determine employment. If a worker satisfies specific conditions, they are an employee entitled to workers’ compensation protection, regardless of what the employer says. We can challenge employment status misclassifications like this to hold your employer accountable for their coverage obligations.

Personal Injury Claim

The other option for recovering compensation is to pursue a personal injury claim against the liable party. Typically, one files a personal injury claim through the liability coverage of the at-fault entity. A personal injury claim will pay for any financial losses you have suffered due to your injuries, including:

• Emergency medical care and continuing medical expenses
• Lost employment compensation (e.g., hourly pay/salary, bonuses, commissions, etc.)
• Difference between pre- and post-injury lifetime earning capacity
• Out-of-pocket injury expenses
• Pain and suffering
• Scarring and disfigurement
• Emotional anguish
• Quality of life reductions

Suing Your Employer for Negligence After a Construction Accident in New Jersey

If you are a construction worker who sustained injuries at work, you may wonder about suing your employer for negligence. Unfortunately, New Jersey’s workers’ compensation laws generally prohibit employees from suing their employers, even for negligence. This liability exclusion is a trade-off for the state’s no-fault workers’ compensation program.

The sole exception to this exclusion is if your employer committed an intentional wrong. If this is the case, you can file a lawsuit to recover compensation. However, the legal bar to proving intentional wrongdoing is difficult to satisfy. Brach Eichler Injury Lawyers can investigate your case for evidence of intentional wrongdoing and explore options for suing employers in construction accident cases.

Note, however, that employees can still file lawsuits against third parties that are not their employers. For example, if a defective crane injured you while on the job, you could file a product liability lawsuit against the manufacturer. Third-party claims can be an option for recovery if workers’ compensation benefits are insufficient to fully remunerate your losses.

Construction Accident FAQ

Below are some of the most common questions our clients have about construction accidents and construction injury claims.

What steps should I take after a construction accident in New Brunswick to ensure my case is strong?

The key to a strong construction accident claim is exhaustive documentation. Start by taking pictures and recordings of the accident scene and your injury. If you are a construction employee, notify your supervisor of the injury and get a copy of the accident report. You also need to see a doctor to receive a formal injury diagnosis. After that, you can contact a personal injury attorney to discuss the next steps of your construction accident claim.

How can a New Brunswick construction accident lawyer help me pursue a third-party liability claim if a subcontractor caused my injury?

Work injury liability exemptions do not apply to contractors and subcontractors, so you can pursue a personal injury claim against subcontractors without restriction. A construction accident attorney can help you seek a fuller range of compensation in a personal injury claim, including pain and suffering damages.

What types of damages can I recover for injuries sustained in a construction accident in New Brunswick?

Depending on the circumstances of your injury, you may be able to recover compensation for:

• Emergency medical bills and continuing medical expenses
• Lost work income
• Reduced earning potential from disability
• Out-of-pocket injury-related expenses
• Physical pain and conscious suffering
• Reductions in quality of life
• Emotional anguish

Brach Eichler Injury Lawyers can assess your case from every angle and identify multiple potential sources of compensation to maximize your recovery. By being as comprehensive as possible, we can secure a firm financial foundation for your recovery and rehabilitation.

Can undocumented construction workers receive workers’ compensation in New Jersey?

Yes, immigrant construction workers can receive workers’ compensation, even if they are undocumented. New Jersey relies heavily on immigrant labor in the construction industry, and some of these workers are undocumented. Regardless of federal laws on immigration, New Jersey’s workers’ compensation act applies to construction employees, no matter their immigration status. An attorney can manage your case with confidentiality and protect undocumented workers from employer retaliation for reporting labor violations.

Contact a New Brunswick Construction Accident Attorney

A construction accident can radically change one’s life, but options for support and financial relief are available. If you would like to discuss compensation options for a construction injury, contact Brach Eichler Injury Lawyers online or call (973) 364-8300 to speak with a New Brunswick personal injury attorney. We are available to talk 24/7, so call us anytime to discuss your case and learn more about your legal rights and options.