Labor and Construction Accident Lawyers in New Jersey
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While safety is at a premium on construction sites and other workplaces in New York and New Jersey, accident injuries still occur. When they do, you could be out of work for an uncertain amount of time. Recovering can be inhibited by stressful concerns such as how you will pay for medical bills, pay your mortgage or rent, and care for your family’s needs.
Our New Jersey construction accident attorneys have more than two decades of experience successfully filing claims on behalf of our clients. In addition, we have represented clients from many different kinds of construction roles, from civil engineers to heavy machine operators to specialty trade contractors. We have obtained hundreds of millions of dollars in settlements and verdicts for these clients. Contact us today!
Labor Laws
State labor laws aim to correct workplace hazards through regulation and safety programs. In New York, the Division of Safety and Health is one of five divisions within the Worker Protection Bureau. In New Jersey, the Division of Public Safety and Occupational Safety and Health enforces workplace safety regulations and laws. Public entities, private contractors, labor organizations and trade associations all promote workplace safety and accident prevention.
For example, New York Labor Laws Sections 200, 240 and 241 provide specific protections such as:
- Section 200 – In all places, machinery and equipment are subject to placement and operation in a well-lit space to ensure the safety and well-being of the operators. The law requires “reasonable and adequate” protection of all employees and others who will be on the property. If a situation is too dangerous – including unsanitary conditions, fire threat, toxic exposure risk, or has hazardous exits – the commissioner may post signs and prohibit further work or occupancy until correction of the dangerous condition is complete.
- Section 240 – Contractors and their agents in building construction, demolition, repair, cleaning, painting and other type of work that involves scaffolding, ladders, hangers, pulleys, braces, ropes or other devices to properly complete the work must give careful attention to properly protect the devices that will be more than 20 feet from the ground or swung from an overhead support with a rail – They must be able to bear four times more than the safe maximum weight and must be secured from swaying from the building. Lack of due care may result in liability for the worker’s injury.
- Section 241 – Strict guidelines spell out floor and elevator requirements when constructing or demolishing a building or excavating land, setting forth “reasonable and adequate” protection and safety for workers and others lawfully on the property. For demolitions, contractors will need to determine if asbestos is present. Consequently, a licensed asbestos contractor may need to perform an asbestos remediation.
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Workplace safety amounts to more than a hard hat, protective eyewear, ear protection, gloves and work boots. While these five elements are must-haves on every construction site, along with Occupational Safety And Health Administration (OSHA) training, accidents resulting from faulty machinery, fatigue, substance abuse, improper training or even bad weather can happen. And sometimes workers’ compensation may not cover all of your expenses.
Contact our team for assistance if you or a loved one has suffered injuries from:
- Asbestos or other toxic chemical exposure,
- Operating a crane and other heavy equipment,
- Boiler operations,
- Explosives,
- Scaffolding or ladder falls,
- Truck transportation,
- Pipeline work or
- Warehousing or storage accidents.
This is just a short list of types of construction site accidents. Any on-the-job injury can be catastrophic for you and your family. We recommend that you seek experienced legal help right away after a Hoboken construction site accident.
Common Construction Accident Injuries
Construction sites are among the most dangerous workplaces in New Jersey. When safety protocols are ignored or equipment is defective, workers can suffer devastating, life-altering injuries. A qualified New Jersey construction accident lawyer can help victims recover compensation for injuries such as:
- Traumatic Brain Injuries (TBIs): Caused by falling objects, slips, or scaffold collapses. TBIs can result in long-term cognitive impairment, memory loss, and emotional changes.
- Spinal Cord Injuries and Paralysis: Common in falls from heights or heavy machinery accidents.
- Amputations: These life-altering injuries may result from crushing accidents or unguarded equipment.
- Burns and Electrocution: Often caused by faulty wiring, exposed cables, or chemical fires.
- Illnesses from Toxic Exposure: Prolonged exposure to hazardous substances like asbestos, silica dust, or toxic fumes can lead to respiratory issues, cancer, and other chronic conditions.
Whether the injury is catastrophic or slowly progressing over time, an experienced construction accident lawyer can help workers understand their legal options and secure medical and financial support.
Steps to Take After a Construction Accident
If you’ve been injured in a construction accident in New Jersey, taking the right steps immediately can significantly impact your physical recovery and the success of your legal claim:
- Seek Medical Attention: Your health is the top priority. Prompt care also creates a record linking your injuries to the accident.
- Report the Injury: Notify your supervisor or employer as soon as possible. Failing to report promptly could jeopardize your claim.
- Document the Scene: If you’re able, take photos of the accident site, equipment involved, and visible injuries. Get contact information from witnesses.
- Keep Records: Save all medical bills, receipts, accident reports, and written communication related to your injury.
- Contact a New Jersey Construction Accident Lawyer: A lawyer can help preserve evidence, file claims, and protect your rights—especially if a third party (not your employer) is responsible.
Damages in New Jersey Construction Accidents
In New Jersey, all employers are required to have workers’ compensation coverage. Workers’ compensation provides injured employees with medical benefits and up to 70% of their wages while they are out of work, no matter who was at fault.
However, an injured employee who receives workers’ compensation benefits can’t sue their employer for damages unless the employer’s intentional act caused the injury. But, even if you can’t pursue a legal claim against your employer, you might still be able to recover damages from a third party who caused your injury.
Construction accidents can be caused by the negligence or conduct of a third party, such as non-employees who were on a site, an equipment manufacturer, or a negligent driver. Hoboken construction accidents can be costly. The amount of damages that you will be able to recover will depend on the special circumstances surrounding your case.
However, injured plaintiffs are generally entitled to recover certain economic damages, including:
- Ambulance costs,
- Hospital visit costs,
- Doctor’s costs,
- Medication costs,
- Costs of treatment,
- Property damage, and
- Lost wages.
In addition to these economic damages, you might also be able to recover noneconomic damages. Noneconomic damages are designed to compensate you for intangible losses. They are often difficult to assign a dollar amount to, and they differ from person to person.
Some examples of noneconomic damages you might be able to recover from Hoboken construction accidents include:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Loss of consortium, and
- Temporary or permanent disfigurement.
These are just some examples of noneconomic damages that you may be able to recover. While the value of these emotional and psychological losses can be hard to quantify on your own, an experienced New Jersey construction site injury attorney will know how to calculate these damages. This way, you will be able to maximize your recovery of damages from your Hoboken construction accident.
Challenges with Insurance Companies
Dealing with insurance companies after a construction accident can be incredibly frustrating. Insurers often attempt to:
- Minimize or deny valid claims
- Dispute the severity of injuries
- Shift blame onto the worker
- Delay payments or offer lowball settlements
A seasoned New Jersey construction accident lawyer knows how to counter these tactics. They will communicate with insurers on your behalf, present compelling evidence, and negotiate aggressively to ensure you receive fair compensation for your medical costs, lost income, and pain and suffering.
Contact Our New Jersey Construction Accident Lawyers for a Free Consultation.
At Glugeth & Pierguidi, P.C., we have offices in both New Jersey and New York and we serve clients in both states. We understand the laws and we understand your need for compensation to get back on track as soon as possible. Getting the amount of compensation you need following a severe injury often requires intervention from an experienced Hoboken construction site injury attorney.
Call us for a free consultation to discuss your legal options with attorneys who will aggressively fight for you. In New Jersey, call 201-699-5070; in New York, call 212-256-9255 or send us an email to initiate your free consultation. We are here for you any time, day or night.
New Jersey Construction Accident FAQs
1. What should I do if I’ve been injured in a construction accident in New Jersey?
Immediately seek medical attention, report the injury to your employer, document the scene if possible, and contact a construction accident lawyer to discuss your rights and legal options.
2. Can I sue someone other than my employer for a construction site injury?
Yes. While workers’ compensation typically bars lawsuits against employers, you may be able to file a third-party lawsuit against contractors, equipment manufacturers, or property owners whose negligence caused your injury.
3. What compensation can I recover after a construction accident?
You may be entitled to workers’ comp benefits for medical care and lost wages. If a third party is liable, you may also recover compensation for pain and suffering, future lost earnings, and other damages through a personal injury claim.
4. How long do I have to file a construction accident claim in New Jersey?
The statute of limitations for most personal injury claims in New Jersey is two years from the date of the accident. However, workers’ compensation claims must be reported promptly, and some exceptions may apply. Speak with a lawyer as soon as possible.
5. What if the insurance company denies my claim?
Insurance companies often look for ways to deny or undervalue claims. A New Jersey construction accident lawyer can review the denial, gather supporting evidence, and fight to reverse the decision through appeal or litigation if necessary.
