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