Construction Accident Lawyers in Newark

A Newark construction accident lawyer can help you recover compensation after you suffer injuries on a construction site. Whether you are a construction employee hurt on the job or someone else who was hurt on-site, Brach Eichler Injury Lawyers can help you file a claim to recover compensation for your losses.

Construction-related injuries are typically very severe, requiring intensive medical care and rehabilitation. A construction accident claim can help you cover your medical bills and replace any lost income if you cannot work. Depending on the circumstances of your employment and your accident, you may also be able to recover compensation for the pain and emotional suffering you have experienced due to your injuries. We will investigate your accident from all angles to identify the liable parties and possible avenues for compensation.

Contact us online or call (973) 364-8300 today to speak to a personal injury attorney in Newark.

Types of Construction Accidents in Newark

Construction sites are populated with dangerous machinery and treacherous conditions. Employers take steps to reduce the risk of accidents, but they still occur. Common types of construction accidents in Newark include:

• Falls. Falls are among the most common types of injuries on construction sites. According to a Bureau of Labor Statistics report, falls cause nearly 40 percent of construction site fatalities. Even from a short height, a bad fall can cause debilitating injuries, like spinal cord damage.
• Collisions with objects. There is always a risk of collisions with moving or falling objects on a construction site. Tools and machinery can fall from great heights or strike someone while moving across the site. Debris from construction procedures, like rubble, can cause injuries.
• Caught-between accidents. Construction workers are also at risk of being compressed or crushed between construction machinery or materials. Crushing injuries can cause amputations. Workers may also become buried underneath debris, such as a cave-in underground.
• Electrocution. Construction sites have high-voltage equipment and power lines. It is not uncommon for individuals to suffer electrocutions after coming into contact with live power lines. Construction workers working at tall heights are also at higher risk of lightning strikes.
• Fires and explosions. Construction materials like wood, paper, plastics, and fuel are highly flammable and can catch fire and explode. The concussive force and shrapnel from explosions are highly deadly.
• Defective equipment. Defective construction equipment like cranes, dollies, and forklifts can cause severe injury. Improper safety gear, like defective helmets, goggles, or respiratory filters, may also provide inadequate protection from hazards.
• Chemical exposure. Construction sites contain a range of hazardous chemicals, like lead, asbestos, solvents, propellants, and carcinogens. Exposure can cause acute and chronic injuries/diseases. 

What Kinds of Injuries Do Construction Accidents Cause?

Construction as an industry is known for being dangerous, and accidents frequently cause permanent and debilitating damage. Common injuries from construction accidents can include:

• Overexertion
• Muscle strains
• Broken bones
• Bruises and soft-tissue injury
• Concussions and TBIs
• Cuts and lacerations
• Burns and abrasions
• Spinal cord injuries
• Blunt-force trauma
• Organ damage and internal injuries
• Amputations and crushing injuries
• Hearing and vision loss
• Respiratory issues

Who Is Liable for Construction Accidents in Newark?

As a general rule, the construction company and any contractors are liable for injuries their employees suffer at work. For injured non-employees, those same parties may be liable. Construction sites have strict safety standards regarding fencing, moving equipment, and securing materials. Crews that violate these standards can open up the company to lawsuits through vicarious liability. For instance, crews might drop materials or tools that can fall and strike workers and pedestrian passersby. Alternatively, construction companies can be liable for unsafe business practices, like inadequate training or hiring procedures.

Other liable parties could include subcontractors, the owner of the construction site, and any other third party that creates unsafe conditions. Construction projects involve several entities working together, and liability could extend to all parties involved in planning, building, and inspections. In these cases, you can go after each liable party individually for your losses.

Unless the injured worker is an employee and covered by their employer’s workers’ compensation insurance, establishing liability requires showing the construction crew or company was negligent. An entity is negligent insofar as they have a duty of care and violate that duty of care through action or inaction. We can rely on several types of evidence to prove causal and legal responsibility in construction accident cases, such as:

• Construction accident reports
• Photos and video recordings
• Eyewitness statements
• Expert testimony
• Building site safety inspection reports
• Employee training history
• Construction equipment maintenance logs
• Records of past employee injuries
• Past OSHA violations

Compensation I Can Recover in a Construction Accident Claim

There are a handful of options for compensation in construction accident claims, depending on whether you are a construction employee or not.

Workers’ Compensation

Construction workers who sustain injuries on the job can receive workers’ compensation benefits. All New Jersey employers must carry workers’ compensation insurance to cover injuries sustained on the job. Workers’ compensation will pay for an injured employee’s:

• Lost income up to 70 percent of average weekly earnings
• All necessary and reasonable medical treatment
• Benefits for permanent partial or total disability
• Death benefit

Workers’ comp will pay for missing salary until you recover or reach maximum medical improvement. Permanent disability benefits will continue for 450 weeks, after which the recipient must show they are still disabled.

Personal Injury Claims

If you are a non-employee injured at or near a construction site, the main option for recovery is a personal injury claim. With a personal injury claim, you could recover compensation for your:

• Emergency medical bills and continuing medical expenses
• Lost work income
• Diminished lifetime earning capacity
• Out-of-pocket injury expenses
• Pain and suffering
• Emotional anguish
• Scarring and disfigurement
• Loss of life enjoyment

Employees generally cannot sue their employers in New Jersey, even if they were negligent. So, a personal injury lawsuit is typically not available to construction employees with workplace injuries. However, there is one instance where an employee can sue their employer: if their injuries were the result of an intentional wrong. In this case, you could file a personal injury claim to recover compensation for a wider range of losses.

If the employee was injured by a third party or a mechanical device that malfunctioned, they could file suit against the third party or the device’s manufacturer.

What Can I Do If My Loved One Was Killed in a Construction Accident?

If your loved one was killed in a construction accident, one option is to file a wrongful death claim. With a wrongful death claim, you can recover money for the deceased’s medical costs, lost work income, and any direct financial losses. Note that New Jersey’s wrongful death law does not allow survivors to recover money for emotional distress and anguish. However, if a loved one witnessed the death, they may be able to file a claim for infliction of emotional distress.

If your loved one was an employee killed in a construction accident, workers’ compensation will pay a death benefit. The death benefit is equal to 70 percent of the deceased’s average weekly income and will be paid for 450 weeks. Workers’ compensation death benefits also cover funeral and burial expenses.

Newark Construction Accident FAQs

Below are some of the most common questions we receive about construction accident injury claims in New Jersey. Contact our office if you have any more questions.

How Can a Newark Construction Accident Lawyer Help Me If I Was Injured Due to Faulty Equipment?

Workers in New Jersey are generally not permitted to sue their employers, but they can sue third parties that create unsafe work conditions. If you sustained injuries from faulty equipment while at a construction job, you may be able to sue the manufacturer in a product liability lawsuit. The benefit of a product liability claim is you will be able to recover money for a larger range of losses than workers’ compensation insurance.

What Steps Should I Take Right After a Construction Accident in Newark to Protect My Rights?

If you are in a construction accident, the immediate concern is checking yourself for injuries and documenting the scene. Take pictures of your injuries and the accident scene, and obtain eyewitness contact information. If the injury happened at work, notify your supervisor as soon as possible, and they will make an accident report. Next, see a doctor and get a formal diagnosis. You will need medical documentation when filing a claim for compensation. You should then contact a personal injury attorney. They can provide general legal guidance and initiate the formal insurance claim or lawsuit process.

What Types of Compensation Can I Pursue for Injuries from a Construction Accident?

Depending on your circumstances and injuries, you can recover compensation for your medical bills, lost work income, and out-of-pocket injury expenses. You may also be able to recover compensation for pain and suffering.

Legal Representation for Construction Accidents Injury Claims in Newark

Construction accidents introduce several complex questions about employer liability, safety practices, and multiple litigants — all of which are difficult to untangle without a professional working for you. Brach Eichler Injury Lawyers has several decades of experience with personal injury cases in Newark. We have recovered hundreds of millions of dollars in settlements and verdicts, many of which have been for construction accidents. We have a firm grasp of New Jersey’s personal injury and workers’ compensation laws and will fight to recover the maximum possible compensation.

Contact our firm online or call (973) 364-8300 to speak to a construction accident attorney in Newark.