Accidents that occur on a construction site are instantly a complex issue and will require the services of an experienced New Jersey construction accident lawyer.
All construction sites are covered by both federal and state laws. It will take the knowledge and work experience of an attorney to navigate through these laws and regulations to determine who is responsible for the accident.
In many cases, there is more than one responsible party.
Third-party liability claims are very common in a construction accident. Your attorney must be able to address these issues as part of your case so that you can recover all the damages you are entitled to for your injury.
WE GET RESULTS because we understand the construction industry and all its regulations. We know that your injuries have changed your life and the lives of your loved ones. We do not rest until you have received all of the compensation you are entitled to under federal and state laws.
There Are Four Types Of Construction Accident Claims
Construction sites are active places that have many people coming and going throughout the workday. If you have been injured on a construction site, the type of case you file will depend on the reason you were there and the type of injury you received. There are four types of construction injury claims.
If you are an employee and were injured during your job duties, your injury would be covered under the worker’s compensation policy of the company. All the employee needs to do is prove that the injury occurred at work and the policy will cover the medical care for the injury and a portion of the lost wages. For full benefits of workers compensation, injured employees are encouraged to speak with a New Jersey construction accident lawyer about their case.
Workers compensation claims can also be filed in conjunction with third-party lawsuits. If you believe that your injury was the result of a third-party, speak to your attorney. Your lawyer will investigate this matter and seek compensation accordingly.
If any machinery, supply or other product used on the construction site is defective and cause injury, a product liability case can be filed. This applies to workers and visitors to the construction site. A product liability claim can be filed in conjunction with another claim.
There are several ways that a personal injury can occur on a construction site. This could happen to an employee that is injured by a defective product, tool or supply, or to anyone who is a guest on the property. Guests can include vendors, sales reps, investors, and site inspectors. Anyone that is not an active employee is considered a guest.
If the injury caused the death of the victim, the surviving family members could seek compensation for their losses in a wrongful death suit. A wrongful death suit can be in conjunction with other types of lawsuits relating to the same injury.
Common Causes Of Construction Site Accidents
The Occupational Safety and Health Administration (OSHA) has many regulations in place to protect the safety of workers on a construction site. OSHA requires that employers implement programs for safety on the job site as part of their regular operations. Additionally, OSHA requires that employers get permits for handling special materials, conduct regular safety inspections on the job site and provide the necessary safety equipment for machinery. OSHA also recommends that employers enforce their safety rules such as wearing protective eyewear and steel-toed shoes.
OSHA will conduct surprise visits and review the safety procedures of a company or job site. They will also review records, including some medical records, to see if there is any dangerous activity taking place on the site. Regardless of all these precautions, accidents can still happen.
Construction sites are risky areas for people to work even when there are no other issues. Negligent actions by the management or other workers can lead to life-altering injuries or possibly death.
Negligent actions by the employer or other employees, defective or faulty equipment and failure to follow safety protocol can still occur. The most common construction site injuries include:
- Falls from heights over 6-foot-high including harness accidents and scaffolding failures
- Crane, hoist or rigging accidents
- Burns from exposure to chemicals, toxic vapors or a fire/equipment explosion
- Structural failure or a building collapsing
- Car accidents
- Exposure to dangerous chemicals including silica and asbestos
- Machine failure, defective equipment
- Welding injuries including those from compressed gases
- Electrocution or electrical burns
- Being pinned between or underneath a falling object
- The impact of falling objects
- Slip and fall accidents
- Truck accidents
These are the most common types of injuries that happen on a construction site. Other types of injuries do occur. If you have been injured while you were on a construction site as an employee or visitor, contact a NJ construction accident attorney about your case.
Scaffolding accidents are a common event on construction sites. These accidents are also one of the most preventable types of accidents to occur. Scaffolding collapses are generally the result of poor construction, failure to use safety measures, or low-quality construction materials.
Scaffolding collapses are generally the result of putting together the scaffolding incorrectly or not taking the correct safety measures. The most common issues include:
- Failure to construct scaffolding according to directions
- Failure to secure the scaffolding to the property correctly
- Not using the correct load-bearing planks
- Failure to install guardrails or other safety features to prevent falling
- Not conducting a safety check prior to each use or before each shift
Unless it is shown that the accident was a result of the scaffolding design or a manufacturing flaw, the contractor will be held responsible for accidents that occur as a result of scaffolding collapse or falls.
As a New Jersey construction accident lawyer, I can truly appreciate the risks that men and women take each day as roofing professionals. Roofers spend a majority of time working at heights that many people do not feel comfortable with, even if it is a single-story home. Working at different heights significantly increases the potential for an accident, especially if precautions were not taken to keep the employees safe.
According to the Center for Disease Control (CDC), falling from heights is the third leading cause of accidents in the construction industry. This report further states that at least 100 roofers have died from falls in the last year.
Roofers not only have the potential to fall off the roof, but they also have the potential to fall through the roof. Precautions must be taken to prevent either of these types of events from happening.
If you or your loved one has been injured in a roofing accident, we will thoroughly investigate the accident to determine if:
- Edges of the roof were clearly marked or flagged
- If the roof had been checked for soft spots or dangerous areas prior to employees accessing the roof
- If roofing employees were properly tied-off or had access to safety gear
- If weather conditions were safe for roofers to be working on the roof
- Were all of the OSHA regulations being followed?
We understand that it is very important to thoroughly investigate these claims because the insurance company covering the event will almost always blame the accident on the roofer for being clumsy or inexperienced.
Falling at Construction Sites
Falls that occur at a construction site account for a majority of all construction accidents and one-third of all construction site accidental deaths. Falls can occur in any phase of construction and are not limited to falls from heights. A fall on the ground over a pile of debris can cause just as serious as one from heights.
It has been our experience as a New Jersey construction accident lawyer that many falls are a result of mismanagement, poor decisions by management, or shortcuts taken by the company to save money. All of these issues could have been prevented, and many of these falls could have been avoided.
Our NJ construction accident attorneys are very familiar with these types of cases and understands the intricacies of proving that the fall was a result of the policies and practices of the construction company. We will conduct a complete investigation, including reviewing daily OSHA reports to show how the fall could have been avoided.
Injuries Caused by Electricity or Electrocutions
Injuries caused by electricity are in the top four causes of construction site injuries. Each year, hundreds of people are shocked or burned by electrical accidents. Sadly over 100 workers each year die by electrocution.
Sadly, many of these electrical accidents happen to people not working in the electrical field of construction. In fact, it is not uncommon for electrical injuries to occur when:
- Crane operator comes into contact with a high tension electrical wire
- Laborers come into contact with unseen electrical lines
- Electrical lines being placed into a building under construction are not marked as live
- Excavation equipment hits underground electrical lines that were not clearly marked
- electrical failures
Electrical accidents are very complicated events. Establishing fault can be difficult because there are often no witnesses to the event, and there is little forensic evidence because repairs are made quickly by the electricians or electric company.
Injuries from electrical accidents are often life-changing events. Victims can suffer from neurological, muscular, and vascular damage. Burns can happen internally or externally, and the victim’s senses, taste, smell, and hearing, can be altered.
When a structure collapses on a construction site causing injury, the investigation is very intensive. Everything must be reviewed to determine the cause of the collapse. As New Jersey construction accident attorneys, we will investigate the following:
- Design of the structure to determine if there were obvious flaws
- Did the design of the structure meet all building codes?
- Has the structure been checked for code violations during each phase of construction?
- Was the foundation made correctly and from the right materials?
- Was the structure maintained and secured correctly?
- Was property owner, construction management or any worker aware of any imminent danger?
- If hazards were noted, was any action taken to correct the hazard?
- Were there any other circumstances that caused the collapse?
Investigating the collapse will take the assistance of professionals and experts in the construction field. Our NJ construction accident lawyers work directly with industry experts so that we can determine the actual fault of the accident and the responsible party or parties.
Who Is Liable For A Construction Accident?
Liability for construction accident can become quite complex. Many different issues must be addressed by your New Jersey construction accident lawyers to determine which parties are at fault for your injuries.
Workers compensation generally prevents the injured employee from suing the site owner for the accident unless the injuries were intentional or malicious. Injury victims, however, may be able to make a third-party claim based on the facts of their case. Our personal injury attorneys in NJ will discuss these options with you during your FREE CONSULTATION.
Third-parties that may be held responsible for your injuries include:
Construction Site Owner
The construction site owner may only have limited liability. Your New Jersey construction accident lawyer will have to review how interactive the owner of the site was with the actual construction business and functions. In many cases, the owner of the site does not have any interaction with the contractor.
General Contractor and Sub Contractors
Under OSHA regulations, contractors and sub-contractors are required to provide safe working conditions on a construction site. Safety protocol must be in place, and the contractor must continue to monitor working conditions. Employees must be notified of hazardous conditions. Failure to make the worksite safe could make them liable for any accident that is a result of their failure.
Engineers, Designers and Architects
On the rare occasion an engineer, designer or architect did not comply with safety codes or requirements and proceeded with a design that had a potential for structural failure. Using the wrong materials, wrong strengths or construction methods, or ignoring safety concerns can leave any of these professionals liable for the accident.
Manufacturers – Supply Chain
Defective products that cause an injury are a danger to any profession. Anyone in the supply chain – from manufacturer to end retailer – may be held liable for this dangerous product if they knowingly allowed it to reach a consumer of use when they knew it was potentially dangerous.
Your attorney will explain to you if you seek compensation from any third parties. Every case is different and third party liability may or may not be present.
When You Are Involved In A Construction Accident in New Jersey
According to OSHA, over 50 percent of all construction related accidents are considered serious or catastrophic. This means that the injuries received are life altering for the victim. These victims may face the need for life long medical care and may not be able to return to their profession. Because of this, it is important that anyone injured on a construction site protect their rights to receive compensation by doing the following:
File An Accident Report
If your injuries are stable enough at the time of the accident to file a report with your employer, take the time to complete the report. If your injuries are too severe, seek medical care immediately and follow up with your employer once you are stabilized to complete the report. This report and the information contained in it are crucial to your case.
Get Medical Care
You need to have your injuries evaluated by a medical care provider. If it was an emergency where you were rushed into the hospital, make sure that you follow up with the appropriate care providers.
Write Down What You Remember
Even though there is an accident report about the event, you should take the time to write down what you remember about the event. Make sure that you include things like anything you noticed right before or right after the event.
Refrain From Speaking With The Insurance Adjustor
An insurance adjuster is going to contact you as soon as possible so that they can take a statement about the accident. It is in your best interest to not provide that interview until you have spoken with a New Jersey construction accident lawyer about your injury. Insurance adjusters are looking for anything that will give them a reason not to pay the claim. It is better to protect your rights and tell them you will schedule an interview with them and your attorney than to give an interview on your own.
Have Someone Photograph The Scene
If you can, contact a co-worker or have a family member go to the construction site and photograph the area where the accident happened. Although photographic evidence is not required, it is very helpful. Many times, the accident scene is cleaned or changed or updated after the accident, and it is hard to prove what caused the event.
Avoid Social Media
Social media has become integrated into every aspect of life. However, this simple form of communication can be very damaging to your compensation case. If you must use social media during your recovery period, you should use the following guideline:
- Refrain from disclosing too much information about the event surrounding the accident. If you must say something, simply say that you were injured at work.
- Do not provide medical updates about your progress, good or bad. The insurance company will monitor your social media account to look for information to use to deny your case.
- Do not accept any new friend requests unless you are sure that you know that person in real life. It is a trick of the insurance companies to put out friend requests and then pump the injured party for information.
- Do not discuss anything you have talked about with your attorney.
- Do not post pictures of yourself, especially older ones. A picture of yourself out partying, even if it was to years ago will make the insurer believe that you are not injured and out having a good time.
- Ask friends and family not to discuss your injuries or case with anyone else online.
Do Not Bad Talk or Accuse Your Employer of Being At Fault
Even if you believe that it is 100 percent true that your employer was the cause of your accident, you need to keep that information between you and your attorney. Negative posts about your employer or accusations will make the insurance company think that you are trying to take out vengeance on your employer instead of seeking compensation for your losses.
Speak with a New Jersey Construction Accident Lawyer Today!
CONTACT US NOW AT 856-284-6446
WE ARE AVAILABLE 24/7 to help you get through this difficult time in your life. Our attorneys will review the circumstances of your accident and provide you with the information necessary to start the compensation process.
ZERO OUT-OF-POCKET FEES. Rosengard Law Group works on a contingency basis. This means that you don’t pay us anything. We get paid a percent of the settlement fee we win from the insurance company.
We will schedule you an appointment as soon as possible so that the process to make a claim can be started. If your injuries prevent you from coming to our office, we will come to you.
There is no reason that you should have to face all of these legal issues on your own. Speak to a New Jersey construction accident lawyer today.
Rosengard Law Group
496 Kings Highway North, Suite 220B
Cherry Hill, NJ 08034