Construction Accident Attorneys in Westfield, NJ
A construction site accident can result in a very serious bodily injury or lead to the untimely death of a worker. People who work on construction sites regularly lift heavy objects, operate large equipment, as well as perform work duties at high elevations. Because of the constant threat of injury, it is necessary that all construction sites follow strict safety procedures, as these decrease the risk of injury to workers. When a worker suffers a worksite accident because of the negligence of another, he or she may be entitled to receive monetary compensation.
After a Construction Site Accident Hire the Legal Representation You Deserve
After suffering a construction site accident, State of New Jersey laws protect your right to compensation. Weather you file a workers’ compensation claim or a personal injury claim will depend entirely on the facts of your case. Consider speaking to an attorney who has experience in construction site accident cases for more information on how you can maximize your compensation.
The attorneys at Harrell, Smith & Williams, LLC have many years of dedicated experience representing injured workers obtain the compensation they deserve following a workplace accident. If you were injured while at work, speak to law firm who will fight for your right to just compensation. Contact the attorneys at Harrell, Smith & Williams, LLC for a free case evaluation.
Handling Different Types of Construction Accidents in New Jersey
Construction sites harbor a multitude of hazards that can quickly result in a disastrous accident. Despite being regulated by the Occupational Safety and Health Administration, also known as OSHA, a great majority of these worksites will continue to place workers at serious risk of injury. Some of the most common construction site accidents occur as a result of the following:
- Collapsing floors
- Scaffolding failures
- Falls from unguarded elevations
- Crane collapse
- Ladder accidents
- Forklift accidents
- Slip, trips, and falls
- Heavy machinery accidents
- Nail gun injuries
- Saw accidents
- Chemical burns
Construction Sites: The Most Dangerous Workplace Industry
In spite of the stringent regulations placed for worker safety, every construction industry worker will face dangerous conditions that can place him or her at risk of serious harm. OSHA, has reported that in 2013, nearly 800 casualties occurred in construction sites throughout the country. Construction site accident fatalities comprise of roughly 20% of all private industry employee casualties each year.
Although construction accidents can occur through a multitude of reasons, the following are labeled as the fatal four, for being the most common causes of casualties in construction site accidents.
- Being struck by an object or workplace tool
- Suffering an electrocution
- Suffering a burn
- Being caught or stuck in between machinery or other heavy equipment
Unique Legal Matters Associated With Construction Site Accident Claims in New Jersey
As previously mentioned, a construction site accident claim can be filed against the employer through a workers’ compensation claim or as a personal injury claim, which will depend purely on the facts of each individual case. For the most part, all workers who have been injured while performing a work duty will file a workers’ compensation claim in order to obtain benefits. However, construction workers are sometimes offered the ability to file a personal injury claim, as the accident may have been caused by a third-party that does not include the employer.
In addition to employer responsibility, there are other parties that could be held accountable for injuries sustained on hazardous construction sites. Third-party claims may exist against subcontractors, general contractors, engineers, property owners, architects, and even equipment manufacturers. Essentially, any party that has been negligent in maintaining a safe worksite can be held accountable for the injuries or damages caused. When a defective tool has caused the injury of a worker, the product manufacturer, designer, distributor, or other markets of the defective item can face accountability.
Wrongful Death Cases after a Construction Accident in New Jersey
In the State of New Jersey, the surviving family members or dependents of a worker that was fatally injured in a workplace accident have the right to pursue a wrongful death lawsuit. A wrongful death claim can provide a grieving family with monetary damages that may include:
- Compensation for the funeral and burial expenses
- Hospital bills accumulated by the injured worker before his or her passing
- Loss of potential income the deceased may have provided
- Loss of companionship
- Loss of support
- The victim's pain and suffering prior to his or her passing
It is important to know that not every family member or dependent will be eligible to file a wrongful death lawsuit. Moreover, wrongful death cases in the State of New Jersey are subject to strict time limitations. Those seeking to file a claim will need to do so as soon as possible.
Work With an Experienced Attorney to Obtain the Compensation You Deserve
Construction site accident claims are riddled with a wide range of complex legal matters that can affect the amount of compensation recovered. Construction accident cases may face complications involving workers’ compensation, New Jersey’s statute of limitations, the identification of all possible liable parties, along with the preservation of critical evidence. Because of these complexities, it is essential to seek the legal advice of a skilled personal injury attorney who has experience in handling construction site accident cases. A skilled attorney will aid in the investigation of the claim and assist in building a strong case.
If you have been injured while working on a construction site, you may be entitled to two forms of compensation:
- Workers Compensation - Through your employer you will be entitled to workers compensation benefits. For more information regarding worker compensation benefits, please see our section here. For basics, you are entitled to be paid for your time out of work, your medical bills, and a percentage of permanency based on your injury. Complexities involving workers’ compensation claims can include not receiving sufficient benefits to cover expenses or being denied benefits. If you are not receiving the benefits you are owed or if you were denied workers’ compensation benefits, you have a right to fight for what you are owed.
- Personal Injury Claims - You may also be able to receive compensation through a general contractor or property owner for your pain and suffering. General contractors have an overall duty to provide a safe work environment. This includes a duty to abide by safety regulations and OSHA, the Occupational Safety and Health Act, to ensure the workplace is safe for its workers. If the General Contractor fails and, as a result, you are hurt you may be entitled to compensation.
After suffering a construction site accident, you will likely face a high amount of expenses that may include medical bills and a loss of income. When your accident was caused as a result of a negligent party, you have the right to obtain financial compensation. Contact the legal support of a well-versed New Jersey construction injury law firm who can fight for your right to the compensation you deserve.
The personal injury attorneys at Harrell, Smith & Williams, LLC have dedicated their careers to assisting victims of negligence obtain the restitution they are owed following a tragic accident. Call Harrell Smith and Williams at (908) 264-7228 to speak to an experienced trial lawyer. The defendants have experienced attorneys working for them you should too.
Our lawyers will also represent you in civil litigation cases such as Work Compensation, Medical Malpractice and much more.