A construction accident can leave you facing emergency treatment, time away from work, and uncertainty about how your family will manage financially. You may also be receiving conflicting information from your employer, a workers’ compensation carrier, and other companies involved in the project.
If you were injured while working at a construction site in Deptford Township, Gloucester County, the first question is not simply whether the accident happened at work. It is who controlled the work, equipment, property, or dangerous condition that caused it. The answer may determine whether you have a workers’ compensation claim, a separate case against another company, or both. Deptford Township is located in Gloucester County, New Jersey. (deptford-nj.org)
Fulginiti Law represents people with serious injuries arising from construction accidents. Our role is to investigate the project, identify the companies involved, and determine which legal options may apply to your circumstances.
Fulginiti Law represents people with serious injuries arising from construction accidents. Our role is to investigate the project, identify the companies involved, and determine which legal options may apply to your circumstances.
How Construction Accident Claims Work in New Jersey
A construction injury can create two different types of claims. Although they arise from the same accident, they serve different purposes.Workers’ Compensation Benefits
New Jersey workers’ compensation is generally a no-fault system. An employee usually does not need to prove that the employer caused the accident to pursue benefits for a work-related injury. Depending on the circumstances, available benefits may include authorized medical treatment, temporary wage-replacement benefits, and compensation for a permanent disability. Workers’ compensation generally replaces an ordinary negligence lawsuit against the injured person’s employer. Narrow exceptions may apply, but unsafe conduct by an employer does not automatically permit a separate civil lawsuit against that employer. (nj.gov)Claims Against Another Company or Third Party
Receiving workers’ compensation does not necessarily prevent an injured worker from bringing a civil claim against someone other than the employer. New Jersey law preserves claims against third parties whose conduct caused or contributed to a work injury. Potential third parties may include another contractor, a property owner, an equipment company, or another business participating in the project. (lis.njleg.state.nj.us) A successful third-party claim may provide compensation unavailable through workers’ compensation, including damages for pain, suffering, and the broader effect of the injury on the person’s life. The workers’ compensation carrier may have statutory reimbursement rights against part of a third-party recovery, so the two matters must be coordinated carefully.What to Do After a Construction Accident
Your health comes first. Once immediate medical needs are addressed, a few practical steps can help protect both your workers’ compensation rights and any potential claim against another company.- Report the accident promptly. Tell your supervisor, foreperson, employer, or another person in authority what happened. Identify the date, location, task you were performing, and body parts affected. If possible, keep a copy of any written report.
- Request appropriate medical care. In New Jersey, the employer or workers’ compensation carrier generally selects the authorized provider for a work injury. Emergency situations and an improper refusal to provide treatment may require a different approach. The New Jersey Division of Workers’ Compensation’s injured-worker guidance explains the basic treatment and benefit process. (nj.gov)
- Describe your symptoms accurately. Tell medical providers how the accident happened and identify every area that hurts. Do not minimize symptoms, but do not guess about a diagnosis or the long-term outcome.
- Preserve what you safely can. Photographs, witness names, accident paperwork, damaged personal items, and communications about the incident may become important. Do not return to a dangerous site or take equipment or property that does not belong to you.
- Be careful with insurance communications. Provide truthful information, but do not speculate about fault or agree to a recorded statement for another company’s insurer without understanding why it is being requested.
- Get advice before important evidence disappears. Construction sites change quickly. Equipment is moved, temporary structures are removed, and different contractors finish their work and leave. Early investigation can make it easier to determine what happened.
Who May Be Responsible for a Construction-Site Injury?
A construction project can involve an owner, developer, general contractor, construction manager, subcontractors, equipment suppliers, maintenance companies, engineers, and other businesses. A job title or contract label alone does not establish liability. Responsibility depends on what each company actually did, what it controlled, and how its conduct relates to the accident. Depending on the facts, an investigation may focus on:- A general contractor or construction manager that controlled the relevant work, coordinated site operations, made safety decisions, or knew about a dangerous condition and had the ability to address it.
- A subcontractor whose employees created a hazard, operated equipment unsafely, left materials unsecured, or interfered with another crew’s work.
- A property owner or manager that retained control over the area, created or knew about a property hazard, or assumed responsibility for particular site conditions.
- An equipment owner, rental company, or maintenance provider that supplied unsafe machinery or failed to perform required repairs or inspections.
- A manufacturer or distributor if a defective machine, tool, ladder, scaffold component, safety device, or warning contributed to the injury.
- A driver or transportation company involved in a collision, backing incident, loading accident, or material-delivery injury.
Construction Accidents That Can Lead to Serious Injuries
Construction injuries occur in many ways, including:- Falls from ladders, roofs, lifts, or scaffolding
- Crane, excavator, and forklift accidents
- Workers struck by tools, materials, vehicles, or suspended loads
- Trench, wall, scaffold, or structural collapses
- Caught-between and crushing incidents
- Electrical accidents, explosions, and construction burn injuries
- Defective tools, machinery, fall-protection systems, or safety equipment
Important Evidence After an Accident
An injured person is not expected to investigate an active construction project alone. The most useful immediate information is often limited to:- Photographs or videos taken lawfully at the time of the accident
- Names and contact information for witnesses and nearby crews
- Accident reports, medical paperwork, and work-status notes
- The names of contractors, equipment owners, and supervisors at the site
- Text messages, emails, schedules, or other communications related to the work or hazard
Compensation That May Be Available
The available compensation depends on whether the matter involves workers’ compensation, a third-party claim, or both. Workers’ compensation benefits may include:- Necessary and reasonable authorized medical treatment
- Temporary disability benefits for qualifying time away from work
- Permanent partial or permanent total disability benefits
- Death benefits for qualifying dependents after a fatal work injury
- Past and future medical expenses
- Lost income and reduced earning capacity
- Physical pain and emotional suffering
- Disability, disfigurement, and loss of normal activities
- Future rehabilitation, assistance, or long-term care
- Wrongful-death and related losses when a worker dies
How a Construction Accident Lawyer Can Help
The central task in a construction case is determining how the project operated before the accident—not simply who was present afterward. A lawyer can:- Identify the companies responsible for the work area, equipment, and safety decisions
- Review contracts and compare written responsibilities with what occurred at the site
- Coordinate the workers’ compensation matter with any third-party claim
- Preserve evidence and seek records held by contractors, owners, and insurers
- Consult qualified experts when technical or medical issues require analysis
- Document lost income, future treatment, and the long-term effect of the injury
- Negotiate with insurers and prepare the case for court when necessary
Deadlines for New Jersey Construction Injury Claims
An injured worker should notify the employer as soon as possible; New Jersey’s workers’ compensation guidance states that notice of an accidental injury should be given no later than 90 days after the accident. A formal workers’ compensation Claim Petition is generally subject to a two-year period measured from the accident or, in some cases, the last payment of compensation. A New Jersey personal-injury lawsuit is also generally subject to a two-year limitations period, although the date the period begins and possible exceptions are fact-specific. (nj.gov) If a state agency, municipality, county, public authority, or public employee may be involved, the New Jersey Tort Claims Act can require a notice of claim within 90 days. Claims involving public entities should therefore be reviewed promptly. (nj.gov)Frequently Asked Questions
Can I receive workers’ compensation and still bring a third-party claim?
Potentially, yes. Workers’ compensation addresses the employer’s obligation to provide statutory benefits. A separate claim may be available if another company or person caused or contributed to the accident. Because the workers’ compensation carrier may have reimbursement rights, the claims should be handled together.Can I sue my employer for an unsafe construction site?
Usually, an employee cannot bring an ordinary negligence lawsuit against the employer for a covered work injury. Workers’ compensation is generally the exclusive remedy against the employer, subject to narrow exceptions. That does not prevent an investigation into whether a different contractor, owner, equipment company, or project participant may be liable.What if someone says I was partly responsible?
Workers’ compensation is generally no-fault. In a civil claim against a third party, New Jersey applies modified comparative negligence. An injured person’s damages may be reduced by the percentage of fault assigned to that person, and recovery is barred if the person’s fault is greater than the fault of the defendant or defendants from whom recovery is sought. (lis.njleg.state.nj.us)Who chooses my doctor for a New Jersey workers’ compensation injury?
The employer or workers’ compensation carrier generally has the right to select the authorized treating provider. Exceptions may apply in an emergency or when necessary treatment is improperly refused. If you are being denied treatment, directed to return to work before you believe you can safely do so, or having difficulty reaching the carrier, seek individualized legal advice promptly. (nj.gov)Other areas where we handle Construction Accident:
- Middletown Construction Accident
- Pottstown Construction Accident
- Bensalem Construction Accidents
- Chester Construction Accidents
- Abington Construction Accidents
- Lower Merion Construction Accident
- East Norriton Construction Accident
- West Chester Construction Accident
- Cherry Hill Construction Accidents
- Willingboro Construction Accident
- Glassboro Construction Accident
- Lansdale Construction Accident
- Camden Construction Accidents
- Coatesville Construction Accidents
- Voorhees Construction Accident
- Upper Darby Construction Accident
- Doylestown Construction Accident
- Pennsauken Construction Accident
- Norristown Construction Accident
- Haverford Construction Accident
- Mount Laurel Construction Accident
- Levittown Construction Accident
- Gloucester Construction Accident
- Media Construction Accident
- King of Prussia Construction Accident
