New Jersey Construction Accident Lawyers

Construction Accident Lawyers in NJ

Construction zones have a reputation for being hazardous for a good reason: they are. In this way, Construction workers are at risk of being struck by objects or construction equipment, unguarded machinery, slip and falls, and falling from significant heights, along with a myriad of other hazards.

According to a 2020 report performed by the U.S. Bureau of Labor Statistics, 17 construction trade workers lost their lives to such hazards. So, this means 17 workers never saw their loved ones again, unaware that they were saying their last “goodbye” that morning before heading off to work. 

If you have been a victim or lost a family member to a New Jersey construction accident, know that you are not alone. With over $1.1 million in construction accident settlements for our clients, the law office of Varcadipane & Pinnisi, PC includes certified civil litigation trial attorneys, placing you in good hands if your case goes to trial.  

New Jersey Construction Accident Attorney Seeks Compensation from Hazards

In the most recent study performed by the Occupational Safety and Health Administration (OSHA), the construction industry is responsible for one in five worker deaths each year.

“The Construction Focus Four Training,” developed by OSHA, identifies the top four hazards as falls, caught-in or between objects, struck-by objects, and electrocution.

Below are the primary causes related to each hazard: 

• Falls: unprotected sides, edges, and holes; improperly constructed walking/working surfaces; improper use of access equipment
• Struck-by: rigging failure, loose or shifting materials, equipment malfunction, lack of overhead protection, vehicle and equipment strikes, flying objects
• Electrocution: contact with overhead power lines, contact with live circuits in panels, poorly maintained cords and tools, lightning strikes
• Caught in or between trench/excavation collapse, rotating equipment, unguarded parts, equipment rollovers, equipment maintenance

Although OSHA has put safety regulations into place to protect construction workers, work zones are dangerous, and workers are highly susceptible to injuries. 

Other causes of construction site accidents 

According to OSHA, there are many other causes of construction site accidents that are not as common. These incidents are less common but not less dangerous:

• Explosions: there are chemicals and fire hazards throughout construction sites, and if they are mishandled, they can spark and cause an explosion. Workers can suffer severe burns after a fire or explosion. 
• Faulty railings: construction workers often work on half-finished buildings, and some risks come with that. However, when a stairway or railing is not built correctly, it can lead to workers falling and sustaining catastrophic injury. 
• Structural collapses: while buildings and other structures should be stable, if they fall when workers are inside or nearby, it causes fatalities and devastating injuries. Crush injuries are common among survivors of these falls. 
• Toxic chemical exposure: construction workers must have respiratory equipment to prevent them from inhaling toxic chemicals. There is also other protective gear you will need. When an employer fails to provide the proper equipment and exposes you to toxic chemicals, you can suffer lung damage and chemical burns.  
• Equipment failures: all construction equipment must be working correctly, and if there is faulty equipment or poor maintenance, it can lead to injuries. Training workers to use the equipment properly can prevent accidents.  

Dangers at roadway construction sites

Construction exists to move all New Jersey industries forward, and while there are dangers at any construction site, one has unique dangers not found on others: roadway construction. The leading cause of worker fatalities on railroad construction sites is vehicles backing up or running over workers. The vehicles most often at fault are construction vehicles like dump trucks. While the risk is present in all construction zones, it is prevalent on railway New Jersey construction sites. 

Common construction site injuries 

With so many possible accidents at a construction site, workers will suffer plenty of injuries. You will require extensive medical treatment, and it can take years to recover to a comfortable position. Some examples include:

• Broken bones
• Back and neck injuries.
• Spinal cord injury 
• Traumatic brain injury 
• Amputations
• Toxic chemical exposure illnesses
• Disfigurement and scarring
• Injury to the knee, ankle, and foot
• Shoulder injuries
• Electrocution 
• Eye injuries 

The most tragic result of a construction site accident is the death of a worker, which is sadly far too familiar. The Bureau of Labor Statistics reported 2.9 million workplace injuries and illnesses in 2016. The most frustrating aspect for workers and New Jersey certified civil trial attorneys is these accidents and injuries are entirely preventable, and construction employers are unwilling to recognize the error of their ways.

Who Is Responsible for Construction Workers’ Injuries?

Normally if a construction worker is injured while on the job, they are eligible to receive workers’ compensation. Subsequently under the New Jersey Workers’ Compensation Law (N.J.S.A. 34:15-40), even if an employee files for workers’ compensation, they would still be able to file a claim against a third party. 

If the third party is found negligent, the amount received from the third party will reduce the workers’ compensation benefits. This is in place to ensure that a worker does not receive duplicate benefits. Additionally, it is always wise to consult with an NJ construction attorney to ensure you are being compensated fairly.

Employer Negligence in Construction Accidents

An employer can be found negligent if they failed to use reasonable care and an employee is injured as a result. Anytime an employer fails to meet OSHA standards, they put their employees in grave danger.  

Employers can be found negligent for the following reasons:

• Providing unsafe work conditions
• Poor instructions are given to employees
• Failing to provide proper training for employees (i.e., how to handle hazardous chemicals)
• Improper maintenance of construction equipment

Although an employer may be negligent, this is not usually a sufficient basis to sue your employer in New Jersey or New York. Above all courts usually find an employer responsible for a construction accident if it can be proven that they put their employees intentionally at risk. In addition, each case has its own set of circumstances, always consult with a seasoned attorney. 

Statute of limitations for construction accidents 

All construction accident claims have a statute of limitations or a timeline where victims can take legal action. Once the deadline passes, you have fewer legal options and may be unable to recover compensation. You cannot allow these deadlines to pass because you will lose your rights to compensation. New Jersey has a two-year statute of limitations for all personal injury accidents. However, you cannot wait until right before the deadline to file a claim. You must begin an insurance claim immediately and show the state you seek legal recourse. 

New Jersey Construction Accident Attorney. Aggressive Representation for Your Legal Dilemma

Time is of the essence once a construction accident occurs. So, If you have been injured in a construction accident, it is crucial to speak with an attorney to better understand your rights pertaining to your specific situation. The attorneys at Varcadipane & Pinnisi, PC can help you make an informed decision. Contact us today to set up your confidential free consultation.

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