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Construction Accident FAQ

Construction is one of the most dangerous industries to work in. If you’ve been injured on the job as a construction worker, you may find yourself with many questions about your rights and options following your accident.

Who Is Liable for My Construction Accident Injuries?

Every construction accident is different. The particular circumstances of your construction accident will affect who may be liable for the injuries and damages you suffered in the accident and what kind of claim you can file. For example, if you are a construction worker injured on the job, you may likely have to file a workers’ compensation claim against your employer. However, under certain circumstances you may be entitled to file a civil lawsuit against another party, such as a premises liability action against the owner of the property where your accident occurred, or a product liability action against the manufacturer of defective equipment or machinery that caused your accident.

Can I File a Lawsuit for My Construction Accident?

Generally speaking, you cannot file a lawsuit against your employer for work-related injuries you suffered in your construction accident; your sole legal recourse against your employer would be to file a workers’ compensation claim. 

What Compensation Can I Recover in a Construction Accident Case?

Depending on what damages you suffered in your construction accident and the type of claim that you file, you may be able to recover compensation for medical bills, rehab, long-term care, lost wages and earning capacity, and pain and suffering.

Do I Need to File a Workers’ Compensation Claim?

It depends on the circumstances of your construction accident. Based on the particular facts of your case, you may be limited to filing a workers’ compensation claim as your sole cause of action for financial recovery, so in that case you may be required to file a workers’ compensation claim if you want compensation following your construction accident. For more detailed information you can check out our NJ Workers’ Compensation FAQ.

Can I File a Lawsuit If I Was a Subcontractor?

It may be possible for a subcontractor to file suit against a general contractor or a property owner, depending on the circumstances of the construction accident. If a general contractor or property owner failed to take reasonable steps to maintain the property and the construction site in a safe and hazard-free condition, they may be liable to you as a subcontractor for your injuries and damages. If you were a subcontractor that was injured by a defectively designed or manufactured tool or piece of equipment or machinery, you may also be able to assert a product liability claim against the product’s manufacturer.

How Long Do Construction Accident Cases Take?

The length of a construction accident case depends on the factual and legal complexity of your case. It may be possible to obtain a settlement and resolution of your case in a few months. If you have to go to court, it can take up to several years before the court reaches a decision.

What Should I Do If I Was Injured in a Construction Accident?

If you’ve been injured in a construction accident, the first thing you should do is to seek medical attention. Prompt medical attention will allow you to identify the injuries that you suffered in your accident. In addition, you should also notify your employer of your accident as soon as possible; if you delay reporting your accident and injury to your employer, you may be declared ineligible for workers’ compensation benefits.

Contact One of our Experienced Injury Attorneys to Discuss Your New Jersey Workplace Injury Case

A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey workers’ compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the workers’ comp benefits you deserve. That is why you should speak with a knowledgeable workers’ compensation lawyer about your situation and get guidance throughout the claims process. The experienced workers’ compensation attorneys at Birkhold & Maider, LLC represent clients in Essex County, Hudson County, Mercer County, Union County, and all across New Jersey. Call (973) 947-4670 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 189 Franklin Ave., Ste. 1, Nutley, NJ 07110, and we also have offices in Hamilton.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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