Construction Accident Lawyers in Roseland

A Roseland construction accident lawyer can help you seek the compensation you need after being injured on a New Jersey construction site. Depending on the circumstances of the incident, injured construction workers may be able to file a workers’ compensation claim, a third-party injury lawsuit, or both, and an experienced lawyer can help determine which option applies to your case.

Contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with one of our skilled construction injury attorneys about your case. Our firm has secured more than $535 million for our injured clients through trial verdicts and negotiated settlements, and we’re prepared to put our experience to work for you.

Common Types of Construction Accidents

According to the Occupational Safety and Health Administration (OSHA), the following four types of accidents lead to the highest number of fatal injuries on construction sites:

• Fall Accidents: Construction workers who work at heights are at risk of falls, and employers should take steps to minimize the risk, including providing personal fall arrest equipment, installing perimeter protection, and making sure workers properly use ladders and scaffolding.
• Struck-By Accidents: Construction sites are often busy, with various workers and vehicles moving around the same area. This can lead to incidents where construction or passenger vehicles strike workers, particularly roadside workers.
• Caught-In/Between Accidents: Construction workers should avoid entering unprotected trenches when performing excavation work because of the risk of a trench collapse, which can leave them trapped.
• Electrocution Accidents: Before beginning work on a construction site, workers should identify live utilities and take steps to avoid coming in contact with them, such as disabling them or using spotters to maintain distance.

Injuries Suffered by Roseland Construction Workers

Roseland construction workers face numerous risks on their job sites, which can lead to serious injuries. Some of the most common and severe injuries experienced by construction workers include:

• Traumatic brain injuries (TBIs) caused by blows to the head or penetrating injuries that can result in permanent physical and cognitive disability
• Spinal cord injuries (SCIs) that can leave victims with chronic pain, numbness or tingling in the extremities, or partial or complete paralysis, depending on the severity
• Crushing injuries caused by caught-in/between or struck-by accidents, often causing permanent damage to the limbs
• Fractured bones that may require surgery and leave victims with permanent loss of mobility
• Soft tissue injuries affecting the muscles, ligaments, and tendons from traumatic single-event accidents and repetitive motions
• Electrocution injuries caused by contact with live wires, charged metal objects, and faulty hand tools

Seeking Compensation After a Roseland Construction Accident

Injured construction workers can seek compensation in two ways, depending on how their injuries occurred. These ways of seeking compensation are filing a workers’ compensation claim and filing a third-party personal injury lawsuit.

Workers’ Compensation Claims

If you are an employee, New Jersey’s workers’ compensation system will likely cover your injuries. Workers’ compensation is no-fault insurance that most employers must provide for their workers. It provides injured employees with medical expenses and wage loss benefits for injuries suffered while on the job.

Employees who are out of work for more than seven days are eligible to receive temporary total disability (TTD) wage loss benefits. These benefits cover up to 70 percent of their pre-injury average weekly wages up to the maximum rate set for the year.

While workers’ comp benefits thousands of employees every year, it also has drawbacks. For example, you cannot seek compensation for pain and suffering through a workers’ comp claim. If you accept workers’ compensation benefits, you cannot sue your employer for your injuries.

Third-Party Personal Injury Lawsuits

If you are an independent contractor or if a third party contributed to your injuries on a construction site, you can seek compensation through a personal injury lawsuit. Since workers’ comp only covers employees, independent contractors typically don’t have access to the system unless they have been misclassified. However, this also means they can file lawsuits against their employers for injuries they sustained on the job.

Even if you are an employee, you can file personal injury lawsuits against third parties who contribute to your injuries. For example, if a contractor on a job site caused your injuries by negligently operating machinery, you could file a lawsuit against them.

Workers’ compensation claims and third-party personal injury lawsuits aren’t mutually exclusive, and depending on the circumstances of the accident, you may be able to file both. An experienced construction accident attorney can help you determine the best course of action for your case.

Steps to Take After a Construction Accident in Roseland, NJ

After sustaining an injury in a Roseland construction accident, it’s vital that you take the following steps to protect your right to seek the compensation you need:

• Report the Injury: You must report the injury to your employer as soon as possible (typically within 90 days) after a work-related injury to qualify for workers’ compensation benefits. This deadline is in addition to the deadline for filing your workers’ compensation claim with the Division of Workers’ Compensation.
• Seek Medical Attention: Always keep the appointments recommended by your physician until you fully recover or your doctor says you are not expected to recover further. This will show the insurance company that you took your injuries seriously and will make calculating your future medical expenses easier.
• Document the Incident: Photograph your visible injuries and the dangerous job site condition or defective product that caused them, and write down what you remember about the incident.
• Avoid Talking to Insurers: Insurance companies will try to use your words against you to deny or devalue your claim. You should avoid providing a recorded statement until after consulting a lawyer.

Deadline for Filing a Construction Accident Lawsuit

Under NJ Revised Statutes Section 2A:14-2, injured construction workers have two years to file third-party personal injury lawsuits against those at fault. Additionally, there is a two-year time limit for filing workers’ compensation claims if your injuries weren’t caused by a third party, like a contractor.

You must file your lawsuit or claim within this period or risk losing your right to seek compensation for your injuries. An experienced construction accident attorney can file your claim or lawsuit within the deadline for you.

Frequently Asked Questions

Below, we’ve answered some of the most frequently asked questions about construction accidents in Roseland, NJ.

Who can be held responsible for a construction accident in Roseland?

You cannot sue your employer for a construction accident in Roseland unless you are an independent contractor. If you are an employee and you got injured on the job, you can file a workers’ compensation claim instead.

However, you can hold various third parties liable for your losses through personal injury lawsuits. For example, you may be able to hold independent contractors, machinery or safety equipment manufacturers, or passenger vehicle drivers liable for your losses if they contributed to the accident.

It’s essential that you work with a construction accident attorney who can identify all the at-fault parties in your case and collect the evidence necessary for holding them liable.

How can I ensure my rights are protected after a construction accident in Roseland?

The best way to protect your rights after a construction accident in Roseland, NJ, is to hire a personal injuryattorney. Your attorney will handle all aspects of your case so you can focus on recovering from your injuries. Some of the tasks your attorney will perform on your behalf are:

• Investigating the incident to identify the at-fault parties and collect evidence
• Calculating your losses by adding up your expenses and estimating your future costs
• Filing your workers’ compensation claim or personal injury lawsuits within the time limit
• Negotiating with insurance companies for a fair settlement that covers all of your losses
• Representing you in court and seeking the maximum compensation available if the insurance companies refuse to offer a fair settlement

What if my construction accident in Roseland was caused by faulty equipment?

If your construction accident in Roseland was caused by faulty equipment, you can file a defective product lawsuit against the manufacturer. Defective product cases rely on the legal theory of strict liability. Under this theory, manufacturers can be liable for defects in the design and manufacturing of their product. They can also be liable for failing to include warnings about any potential harm. Under strict liability, the injured party does not need to prove negligence. The existence of the defect and the fact that it caused an injury are enough to hold the manufacturer liable.

However, you must still present evidence of the defect and its connection to your injury. For example, scaffolding may be defective if it collapses under the approved weight when constructed correctly. A hand tool may be defective if it electrocutes the user. Earplugs may be defective if they don’t protect the wearer’s ears from construction site noise.

Contact Our Construction Accident Lawyers in Roseland

If you were injured on a construction site in Roseland, New Jersey, contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with an experienced construction accident lawyer. We’ll review your case to determine if you have a workers’ compensation claim and/or third-party injury lawsuit. We’ll explain the next steps to take to seek the compensation you need.