Construction Accidents

A construction accident can cause serious or catastrophic injuries that disrupt the worker’s family and work life significantly. Workers’ compensation laws usually provide coverage for medical and wage losses, but may not compensate for all of an injured worker’s losses. In some cases, the injured worker may be able to pursue a legal action against a third party (a person or company other than the worker’s employer) to recover compensation for their injuries.

Unfortunately, construction accidents caused by improper safety plans, inadequate fencing, and negligent operation of construction vehicles are all too common. These accidents affect the public at large and can cause severe and traumatic injuries. At Injury Lawyers of NJ, we help injured construction workers and the public identify third parties who are legally liable and secure maximum compensation from those parties.

Construction accident lawyers Sheri Breen and Natalie Zammitti Shaw apply more than 50 years of combined personal injury experience to obtain the full compensation an injured construction worker deserves and offer every client extraordinary personal attention and support throughout the entire legal process.

Our successes include recovering $1.2 million for a construction worker who fell over 10 feet and sustained back injuries due to careless fall protection on a job site. In another case, we obtained a recovery of $640,000 for a tenant of a building, who was not made aware by the landlord of construction on the common area steps. No caution tape was utilized, and the plaintiff fell through a piece of plywood to the next floor, sustaining serious back and shoulder injuries.

Understanding Third-Party Liability in New Jersey Construction Accidents

While receiving workers’ compensation benefits generally precludes an injured worker from suing their own employer, the nature of construction sites and construction work creates a situation where third parties other than the employer may be responsible for the worker’s injuries.

Determining the identity of third parties who may be legally responsible and establishing their legal liability requires extensive factual and legal investigation and analysis. There are multiple parties who may be responsible for the incident, including:

• General contractor
• Subcontractors
• Project managers
• Product suppliers or manufacturers
• Construction site owners
• Architects or engineers
• Manufacturers of faulty or defective equipment
• Contractors (other than the worker’s employer) who are negligent or violate safety requirements either themselves or through their employees
• Drivers or owners of construction vehicles who injure a worker

Proving the maximum amount of compensation similarly requires an ability to compile extensive evidence that demonstrates the full value of the victim’s losses, which include:

• Pain and suffering
• Emotional distress, including post-traumatic stress disorder (PTSD)
• Lost wages
• Loss of future earnings

In addition, if a family lost a loved one in a construction accident, our lawyers can help with a wrongful death claim.

Our construction accident lawyers have the necessary experience and skills to prove all the prerequisites for recovery in New Jersey personal injury claims and secure compensation for construction accident clients through settlement or verdict.

A complicating factor in a construction accident case is that the New Jersey modified comparative negligence rule, which applies generally in personal injury cases in the state, may be raised as a defense by the third party claiming that the worker contributed to their own injuries. Comparative negligence issues in a construction accident case can be very complex and will be used by an insurer to try to reduce or deny compensation. Our construction accident lawyers know how to address and counter comparative negligence issues during settlement and at trial.

Injury Lawyers of NJ — Bridging the Gap From Victim to Victor For Those Injured in a Construction Accident

To build the best case for liability and compensation, our construction accident lawyers conduct an exhaustive investigation into all the circumstances and the nature and impact of the injured worker’s injuries, including their present and future medical condition.

We will:

1. Fully investigate the construction accident, obtain the details of any on-site supervisors, gather any available accident reports, surveillance video and photos, interview witnesses, and much more.
2. Consult with experts that are knowledgeable regarding construction safety protocols, medical injuries, and other issues, if needed to prove your case.
3. Submit a claim with the insurance company for the responsible third party, and, if necessary, file a lawsuit.
4. Negotiate a full and fair settlement.
5. Take your case to court if the third party and insurance company fail to negotiate a settlement in good faith.

In most construction accident cases, victory comes through a negotiated settlement, rather than in a courtroom verdict. However — unlike many construction accident lawyers who try not to take a case to trial — our attorneys at Injury Lawyers of NJ never hesitate to try a case to verdict when court proceedings are necessary to secure the full compensation the client deserves.

The remarkable proven success of our lawyers’ negotiation and litigation skills is one of the most notable distinctions that sets us apart from other law firms. Our reputation for taking cases to trial is a significant benefit to clients — even during the negotiation stage of a claim. Insurance company representatives and adverse parties know that our construction accident lawyers will go to court for victory if they do not obtain justice for the client in the settlement negotiation process.

In New Jersey, a two-year statute of limitations applies to construction accident claims. Generally, if you do not file a claim within two years of the date of the accident, you lose the ability to pursue a legal action. Contacting a lawyer as soon as possible after the accident is the best way to protect your legal interests and recover full compensation.

Schedule a Free Consultation With Our NJ Construction Accident Lawyers

If you suffered injuries from a construction accident, it is imperative that you contact an attorney as soon as possible to file a claim within New Jersey’s two-year statute of limitations. Our construction accident lawyers offer a free initial consultation to discuss your case. We provide compassionate personal attention and support to each client, addressing every question and concern thoroughly and communicating closely throughout the entire process. Our attorneys at Injury Lawyers of NJ are also licensed in the State of New York. For families who lose a loved one in a construction accident, our lawyers help with wrongful death claims.

If you retain us to represent you, we take the case on a contingent fee basis. You do not pay us any legal fees unless we recover compensation for you. We welcome you to use the online contact form to schedule a no-cost consultation to discuss your case.