Construction Accident Lawyer in New Jersey

New Jersey Construction Accident Attorney

Construction work is physically demanding and inherently dangerous, and workers take on that risk every day to earn a living. When safety protocols are ignored, equipment fails, or employers cut corners, the consequences can be catastrophic and life-changing. If you or a family member was seriously injured on a construction site, you may have more than one legal avenue for compensation, and you deserve an attorney who will pursue every one of them. At the Law Office of David H. Kaplan, we represent injured construction workers throughout New Jersey and fight to recover everything they are entitled to under the law.

Common Causes of Construction Accidents

Construction accidents rarely happen by chance. Most are the result of preventable safety failures. Common causes include:

• Falls from scaffolding, ladders, roofs, or unguarded elevations

• Crane collapses and rigging failures

• Being struck by falling objects or swinging equipment

• Electrocutions from exposed wiring or unguarded power lines

• Trench and excavation collapses

• Heavy machinery and forklift accidents

• Nail gun, saw, and power tool injuries

• Exposure to toxic chemicals or hazardous materials

• Collapses of floors, walls, or structures

• Accidents caused by negligent coworkers or subcontractors

OSHA and Construction Site Safety in New Jersey

Federal OSHA regulations establish strict safety standards for construction sites, covering fall protection, scaffolding, electrical safety, excavation, and more. New Jersey also enforces its own Public Employees Occupational Safety and Health (PEOSH) program for public sector workers. When employers, contractors, or site owners violate these standards and a worker is injured as a result, those violations can serve as powerful evidence of negligence in a legal claim.

Workers’ Compensation vs. Third-Party Claims

Construction accident victims in New Jersey often have more than one avenue for compensation, and understanding the difference is critical.

Workers’ Compensation

If you were injured while working at a construction site, you are generally entitled to workers’ compensation benefits regardless of fault. Workers’ comp covers your medical expenses, a portion of your lost wages, and compensation for permanent disability. However, workers’ compensation does not compensate you for pain and suffering.

Third-Party Personal Injury Claims

Construction sites typically involve multiple parties: general contractors, subcontractors, property owners, equipment manufacturers, and more. If a party other than your direct employer was responsible for your injury, you may be able to bring a separate personal injury lawsuit against that third party. Unlike workers’ compensation, a personal injury claim can include compensation for pain and suffering, emotional distress, and the full extent of your economic losses.

In many construction accident cases, pursuing both a workers’ compensation claim and a third-party lawsuit at the same time is not only possible but advisable. An attorney can evaluate all potential sources of recovery and pursue the maximum compensation available to you.

Common Construction Accident Injuries

Construction accidents frequently cause catastrophic injuries, including:

• Traumatic brain injury (TBI)

• Spinal cord injuries and paralysis

• Broken bones and crush injuries

• Amputations and loss of limb

• Severe burns

• Eye injuries and vision loss

• Internal injuries

• Wrongful death

What Compensation Can You Recover?

Depending on the circumstances of your accident and the claims available to you, compensation may include:

• Medical expenses, including future treatment and rehabilitation

• Lost wages and loss of earning capacity

• Pain and suffering

• Permanent disability or disfigurement

• Emotional distress

• Loss of enjoyment of life

• Death benefits for surviving family members

What Is the Statute of Limitations for Construction Accident Claims in New Jersey?

For personal injury claims, you generally have two years from the date of the accident to file a lawsuit. For workers’ compensation claims, you generally must file a claim petition within two years of the accident or the last payment of compensation. Claims involving government-owned property or public contractors may require a notice of tort claim within 90 days. Do not delay. Evidence from construction sites disappears quickly.

Frequently Asked Questions

Can I sue my employer for a construction accident in New Jersey?

Generally, workers’ compensation is your exclusive remedy against your direct employer, meaning you cannot sue your employer in civil court for pain and suffering. However, if a party other than your direct employer, such as a general contractor, property owner, or equipment manufacturer, contributed to your accident, you may be able to sue that party directly.

What if I was an independent contractor on the job site?

Independent contractors are not always covered by workers’ compensation, but they may still have personal injury claims against negligent parties on the job site. The classification of workers in construction is complex, and some workers labeled as independent contractors may actually be employees entitled to workers’ comp benefits. An attorney can evaluate your situation.

What if multiple contractors were involved? Who is liable?

Multiple parties can share liability for a construction accident. General contractors have broad responsibility for overall site safety, and subcontractors may be liable for unsafe work in their specific area. Equipment manufacturers may be liable for defective products. An attorney will investigate all responsible parties to maximize your recovery.

What should I do immediately after a construction accident?

Report the injury to your supervisor as soon as possible, seek medical attention immediately, document the scene with photographs if you are able, identify any witnesses, and contact an attorney before speaking to any insurance company. The sooner an attorney is involved, the better positioned you are to preserve evidence and protect your rights.