A Newark construction accident lawyer from our law firm 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. Our Newark, New Jersey construction accident lawyers 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. Hard hats are required for every construction worker, but even with this protection, severe injuries can happen. Injured workers face significant risks on construction sites every day.
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. Falling debris is a common cause of life-altering injuries, even when workers are wearing hard hats.
- 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 electrocution after coming into contact with live power lines. Construction workers working at tall heights are also at higher risk of lightning strikes. Nerve damage is a possible severe consequence of electrical injuries.
- 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, such as cranes, dollies, and forklifts, can cause severe injury. Heavy equipment such as bulldozers and forklifts can lead to severe injuries if not properly maintained or operated. 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 site 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. However, 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 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 violates 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
Read more: How Do I Prove My Accident Was Work-Related?
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.
Our Newark workers’ compensation lawyers can assist injured workers with filing claims, handling insurance disputes, and securing the workers’ comp benefits they are entitled to after a workplace accident.
Personal Injury Claims
If you are not an employee and you sustain injuries at or near a construction site, you can pursue a personal injury claim as your primary option for recovery. With a personal injury claim, you could recover compensation for your:
- Emergency medical bills and continuing medical expenses
- Lost work income or lost wages
- 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 a third party or a malfunctioning mechanical device injures an employee, the employee can file a lawsuit against the responsible 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 a loved one dies in a construction accident in Newark, workers’ compensation provides death benefits. 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 experienced construction accident lawyers if you have any more questions.
How Can a Newark Construction Accident Lawyer Help Me If I Was Injured Due to Faulty Equipment?
In New Jersey, employers generally do not allow workers to sue them, but workers can sue third parties that create unsafe working 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 that 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 Legal 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, seek medical attention promptly—even if you do not think you have suffered serious injuries. Seeking immediate medical attention is crucial to document your injuries and support any future legal claims. 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 Accident 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 an experienced construction accident lawyer working for you. Brach Eichler Injury Lawyers has several decades of extensive experience with personal injury cases in Newark. As an experienced legal team, our attorneys work closely with clients to help injured workers seek fair compensation after construction site accidents. We have recovered hundreds of millions of dollars in settlements and verdicts for personal injury victims, many of whom have been injured in construction accidents. We have a firm grasp of New Jersey’s personal injury and workers’ compensation laws and will fight to recover damages and the maximum possible compensation.
Contact our law firm online for a free initial consultation or call (973) 364-8300 to speak to a Newark construction accident attorney.
Written by: Brach Eichler Injury Lawyers Last Updated : July 31, 2025We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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