Construction work is one of the most dangerous industries in New Jersey and across the country. Workers face daily risks, including falls, equipment accidents, and exposure to hazardous materials. When an accident happens on a construction site, the resulting injuries can be devastating, leading to mounting medical bills, lost wages, and long-term physical or emotional challenges.

If you or a loved one has been injured in a construction accident, understanding your options for compensation is extremely important. In New Jersey, several legal pathways exist to help injured workers recover financially. From workers' compensation benefits to third-party claims, knowing how to navigate these systems can make a significant difference in your recovery.

This article explores the compensation options available to construction workers injured in New Jersey, providing insight into relevant laws, recent case examples, and what steps you should take to protect your rights.

For those in need of legal help, call Brandon J. Broderick today to speak with one of our experienced New Jersey construction accident attorneys today.

Workers' Compensation in New Jersey

What Is Workers' Compensation?

In New Jersey, workers’ compensation is a no-fault insurance program that provides benefits to employees who are injured or become ill due to their job. This means that injured workers can receive compensation regardless of who was at fault for the accident. Nearly all NJ employers are required by law to carry workers' compensation insurance.

Benefits Available Through Workers' Compensation

Workers' compensation benefits typically include:

• Medical Treatment: Coverage for necessary medical care, including doctor visits, hospital stays, and rehabilitation.
• Temporary Disability Benefits: Lost income is usually covered if you have to miss work for more than seven days.
• Permanent Disability Benefits: Payments if your injury results in partial or total permanent disability.
• Death Benefits: Financial support for the dependents of a worker who dies as a result of a workplace accident.

Limitations of Workers' Compensation

While workers' compensation provides important benefits, it does not cover non-economic damages like pain and suffering. Additionally, it typically bars employees from suing their employer, even in cases of negligence.

Case Example

In a New Jersey case, a construction worker received workers’ compensation benefits after falling from faulty scaffolding. The employer’s insurance covered medical expenses and temporary disability benefits, allowing the worker to focus on recovery without bearing financial hardship.

Third-Party Claims

What Is a Third-Party Claim?

In some cases, a construction accident may involve negligence by a third party, such as a contractor, equipment manufacturer, or property owner. In these situations, injured workers may be able to file a third-party claim in addition to receiving workers' compensation benefits.

Common Third-Party Defendants

• General Contractors or Subcontractors: If their negligence contributed to unsafe conditions on the site.
• Equipment Manufacturers: If defective tools, machinery, or safety equipment caused the accident.
• Property Owners: If unsafe property conditions led to the injury.

Benefits of Third-Party Claims

Unlike workers' compensation, a third-party claim allows you to seek damages for pain and suffering, emotional distress, and other non-economic losses. Additionally, these claims may provide compensation for the full extent of your financial losses, including past and future wages.

An example could be a construction worker injured by a defective forklift filing a third-party claim against the equipment manufacturer. The worker successfully recovered damages for medical expenses, lost wages, and pain and suffering, highlighting the importance of exploring all avenues for compensation.

Product Liability Claims

When Does Product Liability Apply?

Product liability claims arise when defective equipment, tools, or materials used on a construction site cause an accident. Examples include faulty scaffolding, malfunctioning power tools, or defective safety gear.

Types of Defects

Product liability claims will fall into three categories usually, which includes:

• Design Defects: Flaws in a product’s design that make it unsafe and could cause injury.
• Manufacturing Defects: Errors that occur during the production process.
• Failure to Warn: Insufficient instructions or warnings about potential dangers associated with the product.

Compensation Through Product Liability Claims

Victims of defective products may recover damages for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.

Filing a Personal Injury Lawsuit

When Can You File a Personal Injury Lawsuit?

If your construction accident was caused by someone else’s negligence and is not covered under workers' compensation, you may be able to file a personal injury lawsuit. Examples include accidents caused by reckless drivers near a construction site or hazardous conditions created by a non-employer entity.

Damages Available in Personal Injury Lawsuits

A personal injury lawsuit allows you to recover both economic and non-economic damages, including:

• Medical expenses (current and future).
• Lost income and earning capacity.
• Pain and suffering.
• Emotional distress.

Steps to Take After a Construction Accident

To protect your rights and maximize your compensation, follow these steps:

1. Seek Medical Attention: Your health is the priority. When a victim gets medical care in a timely manner, this shows a record of your injuries.
2. Report the Accident: Notify your employer or supervisor immediately and ensure the incident is documented.
3. Preserve Evidence: Take photos of the accident scene, your injuries, and any equipment involved. Gather contact information for witnesses.
4. Consult an Attorney: An experienced attorney can help you navigate the complex legal process and determine the best course of action for your case.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey construction accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced construction accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.