A construction accident can leave you facing serious injuries, missed work, and questions about who will pay for your care. If you were injured at a construction site in Willingboro or elsewhere in Burlington County, your immediate priorities are getting appropriate medical treatment, reporting the accident, and protecting information about what happened.
The legal picture may involve more than a workers’ compensation claim. A property owner, general contractor, subcontractor, equipment company, or another project participant may have controlled the work or dangerous condition that caused the accident. Determining whether another company may be responsible requires a careful investigation—not assumptions based only on job titles or who issued your paycheck.
Fulginiti Law represents people with serious construction accident claims. The firm can investigate the companies involved, determine how the accident occurred, and identify the legal claims that may be available.
How Construction Accident Claims Work in New Jersey
An injured construction worker may have a workers’ compensation claim, a claim against a third party, or both.
Workers’ Compensation Benefits
New Jersey workers’ compensation is generally a no-fault system. An eligible employee does not ordinarily have to prove that the employer caused the accident to seek benefits. Depending on the injury, those benefits may include authorized medical treatment, temporary wage-replacement benefits, and compensation for a permanent disability. Death benefits may be available to qualifying dependents after a fatal workplace accident.
Workers’ compensation usually replaces a negligence lawsuit against the injured person’s employer or co-worker, although New Jersey law recognizes a narrow exception for an intentional wrong. The New Jersey Department of Labor provides additional information through its official injured-worker protections page. (nj.gov)
Claims Against Other Companies
Receiving workers’ compensation does not automatically prevent an injured worker from pursuing a claim against a responsible third party. New Jersey law specifically recognizes that a claim against another person or company may proceed even when the worker is entitled to compensation benefits from the employer. Any recovery must be coordinated with the workers’ compensation carrier’s statutory reimbursement rights. (nj.gov)
A third-party claim can potentially address losses that workers’ compensation does not cover, including pain and suffering and the full effect of reduced future earning capacity. Liability still must be established based on the specific companies, contracts, work assignments, equipment, and conditions involved.
What to Do After a Construction Accident
The steps you take now can protect both your health and your ability to understand what caused the accident.
- Get medical help. Call 911 when the injury may be life-threatening or involves severe bleeding, loss of consciousness, a fall from height, an electrical shock, a crush injury, or another emergency. Describe every symptom and follow the advice of your medical professionals.
- Report the injury immediately. Tell your supervisor or employer what happened, even if someone at the site already saw the accident. When possible, provide written notice and keep a copy. New Jersey law generally requires the employer to have knowledge or receive notice within 90 days, and waiting beyond 14 days can affect when benefits begin. (nj.gov)
- Ask where to receive authorized treatment. In New Jersey, the employer or workers’ compensation carrier generally has the right to select the treating medical provider. Different rules may apply in an emergency or when appropriate treatment is improperly refused. Do not delay emergency care while waiting for authorization. (nj.gov)
- Record what you remember. If you can do so safely, preserve photographs or videos that you already have. Write down the names of witnesses, the companies working nearby, the equipment involved, and anything said about the hazard or accident.
- Be cautious with statements and documents. An insurer or another company may request a recorded statement, medical authorization, or release. Do not guess about details or sign documents you do not understand. Consider obtaining legal advice before accepting a settlement or giving a statement to another company’s insurer.
- Speak with a lawyer while evidence is still available. Construction sites change quickly. Equipment is moved, temporary structures are removed, and workers leave for other projects. Early investigation may help preserve information that would otherwise be lost.
Why Another Company May Be Responsible
Construction projects often bring several independent businesses together at one location. The fact that a company did not directly employ you does not necessarily mean it had no responsibility for the condition that caused your injury.
Depending on the evidence, potentially responsible parties may include:
- A general contractor or construction manager that controlled relevant work, site access, coordination, equipment, or safety decisions.
- Another subcontractor whose employees created a dangerous condition, operated equipment carelessly, or failed to complete work safely.
- A property owner or property manager that retained control over the premises or knew about a dangerous property condition.
- An equipment manufacturer, distributor, rental company, or maintenance provider when defective machinery, missing warnings, or improper repairs contributed to the accident.
- A delivery, trucking, or utility company whose vehicle, load, equipment, or work caused the injury.
No owner, contractor, or equipment company is automatically liable merely because an accident happened. The investigation must determine who controlled the relevant work, who created or knew about the hazard, what each company agreed to do, and whether its conduct contributed to the injury.
Construction Accidents and Serious Injuries
Construction injuries can result from many different events, including:
- Falls from ladders, roofs, lifts, or scaffolding
- Workers being struck by tools, materials, vehicles, or suspended loads
- Crane, forklift, excavator, and other heavy-equipment accidents
- Electrical shocks, arc flashes, fires, and explosions
- Trench collapses, structural failures, and caught-between accidents
- Malfunctioning saws, nail guns, hoists, harnesses, or other defective machinery and tools
These events may cause brain or spinal injuries, fractures, burns, internal injuries, crush injuries, permanent scarring, or amputation injuries. Some workers need repeated surgeries, rehabilitation, assistive equipment, or help with daily activities. Others may be unable to return to construction work or any employment.
Evidence That Can Help Explain What Happened
You are not expected to investigate an active construction site yourself. A few practical items can nevertheless help your lawyer begin the investigation:
- The accident or incident report and any written notice sent to your employer
- Medical records, work restrictions, bills, and discharge instructions
- Photographs, videos, or messages already in your possession
- Witness names and the names or logos of companies present at the site
- Information identifying the equipment, tool, vehicle, or material involved
A lawyer may seek additional records, including construction contracts, site photographs, surveillance video, inspection records, work schedules, equipment-maintenance documents, and communications among project participants. Government findings or safety citations may be relevant, but they do not by themselves establish civil liability.
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:
- Reasonable and necessary authorized medical treatment
- Temporary disability benefits when an eligible worker cannot work
- Permanent partial or permanent total disability benefits
- Dependency and death benefits in qualifying fatal-accident cases
A successful third-party claim may include compensation for:
- 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
- Certain losses suffered by qualifying family members
The same loss cannot be recovered twice. Workers’ compensation payments, insurance benefits, and third-party proceeds must be properly coordinated.
Important New Jersey Deadlines
New Jersey generally requires a personal injury lawsuit to be filed within two years after the claim accrues, although exceptions and different rules may apply. A formal workers’ compensation claim petition generally must be filed within two years of the injury or the last payment of compensation, whichever is later; authorized medical treatment may count as compensation. (lis.njleg.state.nj.us)
A much shorter deadline may apply if a New Jersey public entity or public employee is potentially responsible. The New Jersey Tort Claims Act generally requires notice within 90 days after a claim accrues. Courts may allow late notice in limited circumstances, but a person should not assume that an exception will apply. (lis.njleg.state.nj.us)
Because the correct deadline depends on the defendants and facts, prompt review is important even if the accident occurred less than two years ago.
How Fulginiti Law Can Investigate a Construction Accident
A construction case often turns on information held by companies other than the injured worker’s employer. Fulginiti Law can:
- Identify the owners, contractors, subcontractors, and equipment companies involved
- Examine which company controlled the work, property, equipment, or dangerous condition
- Send appropriate preservation notices for physical and electronic evidence
- Obtain contracts, records, photographs, video, and witness testimony
- Consult qualified experts when technical or medical issues require analysis
- Coordinate a third-party case with workers’ compensation benefits and reimbursement claims
- Document lost earnings, future care, disability, and the injury’s effect on daily life
- Communicate with insurers and, when appropriate, prepare the case for trial
Fulginiti Law states that it has recovered more than $76 million in construction accident cases, including a $22 million result and multiple multimillion-dollar recoveries. Each case is different, and prior results do not guarantee a similar outcome. (fulginiti-law.com)
Frequently Asked Questions
Can I receive workers’ compensation and also sue another company?
Possibly. Workers’ compensation may provide benefits through your employer, while a separate claim may be available against a responsible company that did not employ you. Examples can include another contractor, a property owner, or an equipment company. The claims must be coordinated because the workers’ compensation carrier may have reimbursement rights from a third-party recovery. (nj.gov)
Can I sue my employer after a construction accident?
Usually, an eligible employee’s remedy against the employer is through workers’ compensation rather than a negligence lawsuit. New Jersey recognizes a narrow intentional-wrong exception, but unsafe conduct or a safety violation does not automatically satisfy that standard. Claims against separate companies may still be available. (nj.gov)
What if someone says I caused part of the accident?
Workers’ compensation is generally available without proving fault. In a third-party negligence case, New Jersey uses comparative negligence. A person may recover if their negligence was not greater than the negligence attributed to the defendant or defendants, but the award is reduced by the injured person’s percentage of fault. (nj.gov)
What if I do not know which contractor was responsible?
That is common. Injured workers may know who employed them but not who owned the site, supplied the equipment, managed safety, or directed other trades. A lawyer can review contracts, reports, photographs, company records, and witness accounts to determine which businesses may have contributed to the accident.
Other areas where we handle Construction Accident:
- Media Construction Accidents
- Pennsauken Construction Accidents
- Bensalem Construction Accidents
- Chester Construction Accidents
- Abington Construction Accidents
- Levittown Construction Accidents
- Doylestown Construction Accidents
- Voorhees Construction Accidents
- Cherry Hill Construction Accidents
- West Chester Construction Accidents
- East Norriton Construction Accidents
- King of Prussia Construction Accidents
- Camden Construction Accidents
- Coatesville Construction Accidents
- Upper Darby Construction Accidents
- Pottstown Construction Accidents
- Deptford Construction Accidents
- Norristown Construction Accidents
- Mount Laurel Construction Accidents
- Gloucester Construction Accidents
- Middletown Construction Accidents
- Lansdale Construction Accidents
- Glassboro Construction Accidents
- Lower Merion Construction Accidents
- Haverford Construction Accidents
Contact a Willingboro Construction Accident Lawyer
If you or a family member was seriously injured at a construction site in Willingboro or Burlington County, Fulginiti Law can review what happened and investigate whether a contractor, property owner, equipment company, or another project participant may be responsible.
Call 215-602-4204 or contact Fulginiti Law to request a free consultation. (fulginiti-law.com)
