New Jersey contractors and construction site managers have a legal duty to keep construction sites safe. Despite safety standards and penalties, contractors and other parties often cut corners to maximize profits even while jeopardizing worker safety. If you have been injured in a construction accident, our New Jersey construction accident lawyers are a strong resource to help you understand your legal rights while navigating your claim.

Our construction site injury attorneys in Rochelle Park, NJ at The Epstein Law Firm, P.A. are proud to aggressively fight to protect the rights of construction workers across New Jersey. Construction accident injuries are often severe, if not catastrophic or fatal. Our lawyers will help you understand your workers’ compensation rights and whether you have the right to sue for additional compensation.

Construction workers often believe that workers’ compensation is their only recourse.  Often, however, you may have the right to sue a third party whose negligence caused your construction accident.  That type of lawsuit can help you get compensation above and beyond what workers’ compensation offers.

Types of Construction Accidents

Construction sites are dangerous places.  Even with strict safety precautions, construction accidents can cause severe, life-changing injuries.  Both federal and state laws apply to prevent these accidents, but the reality is, accidents continue to take place.  Our injury lawyers have a broad range of experience helping construction accident victims get fair compensation. We have successfully handled cases involving:

Considering the U.S. workforce as a whole, construction workers are the most likely to be seriously hurt in an accident.  Our talented injury lawyers at The Epstein Law Firm, P.A. will make sure you get the workers’ compensation benefits you rightfully deserve as an employee. 

Our New Jersey Construction Accident Lawyers Shine Insight In Determining Liability After a Construction Accident

On most construction sites, many projects are being completed simultaneously.  This contributes to a fairly hectic workspace. In most construction accident cases,  multiple parties could have caused the accident. While you do not have the right to sue your employer under New Jersey workers’ compensation laws, you can file a lawsuit against a negligent “third party” (in short, anyone who is not your employer or a co-worker). 

Determining what—or who—caused your accident is therefore important to establishing your right to compensation outside of the workers’ compensation system.  At The Epstein Law Firm, P.A., our injury lawyers will conduct a full investigation to determine the cause of your accident, which may include:

  • Violations of OSHA safety rules
  • Defects in the equipment being used on the site
  • Failure to properly maintain vehicles or heavy machinery
  • Failure to provide adequate fencing, railings or other fall protection equipment
  • Inadequate training procedures

Your Right to New Jersey Workers’ Compensation vs. Third-Party Compensation

Employees injured in construction accidents are entitled to workers’ compensation benefits in New Jersey.  Workers’ compensation benefits generally cover:

  • Medical expenses
  • A portion of your lost wages
  • Disability benefits
  • The workers’ compensation claims process itself can be complex.  Many construction workers may find that their claims are denied or delayed for various reasons, including:
  • Incomplete or late paperwork
  • Failure to properly notify a supervisor or your employer of the accident
  • Challenges to whether your injury was caused by the construction accident
  • Questions about whether you sought treatment from an approved doctor
  • And more

Our lawyers will work with you from the start to get the maximum amount of workers’ compensation benefits available.  Unfortunately, for serious injuries, workers’ compensation often does not cover everything. We will also evaluate your case to identify any alternative compensation sources—including the possibility of filing a lawsuit against a negligent third party.

Often, your actual employer is not in charge of everything taking place on the construction site.  Contractors, architects, property owners and even engineers may be responsible for certain elements of the project.  In some cases, a negligent equipment manufacturer or designer might be responsible for the accident. In a third-party lawsuit, you may be entitled to receive compensation for:

  • Your full lost wages
  • Pain and suffering
  • In-home modifications
  • Lost earning capacity
  • Your past and future medical expenses, subject to repayment of any duplicate workers’ compensation you have received

Contact Our New Jersey Construction Accident Lawyers for a Free Case Review

When you or a loved one have been hurt in a construction accident, it is important to seek legal help as soon as possible.  While you technically have two years to file a lawsuit, valuable evidence often must be gathered within weeks or even days of the accident in order to strengthen your claim.

Our lawyers at The Epstein Law Firm, P.A. are dedicated to helping you get the most compensation possible.  Contact us today for a free consultation to discuss options in your case.

Frequently Asked Questions About Construction Accident Claims

Who is responsible for a construction accident?

Do I have a workplace injury claim if I’m an independent contractor?

Why do I need a lawyer to handle my construction accident claim when I’m entitled to workers’ compensation benefits?

Even though you are likely entitled to workers’ compensation benefits, any number of complications can arise in getting those benefits.  Our lawyers can help:

– File your initial workers’ compensation claim
– Handle any challenges to your right to fair workers’ compensation benefits, including challenges to the wage amount used to determine your weekly benefit
– Investigate your case to determine whether you are entitled to compensation above and beyond your workers’ compensation benefits
– Find out who is responsible for your construction accident
– Advocate on your behalf with the insurance companies to make sure your compensation award is fair

Can I get both workers’ compensation and file a personal injury lawsuit if I was injured in a construction accident? What if my employer was not responsible for the accident.

Yes.  Workers’ compensation is a no-fault system, so you are entitled to benefits even if your employer was not at fault.  While you likely cannot sue your employer, you may be entitled to file a lawsuit against a third party while continuing to receive workers’ compensation benefits.  Often, multiple contractors are working simultaneously on the same project. Even if a non-employer contractor is responsible for your accident, you can still receive workers’ compensation based on your employment with a non-responsible contractor.

Do I have a workplace injury claim if I’m an independent contractor?

The difference between an independent contractor and an employee: there are several different factors that go into that. And just because your employer might pay you on a 1099 does not necessarily mean that you’re an independent contractor. And that’s just one example. Sometimes the employer may take the position that the accident didn’t happen in the course of employment for whatever reason. And so, by hiring the Epstein Law Firm, we can help you weed out those issues, and we can work with you to combat the insurance carriers’ and the employers’ arguments regarding the person as an independent contractor, or did not get injured during the course of employment. There are several circumstances where an employer might take the position that the accident didn’t happen during the course of employment, and there are several factors that go into the determination as to whether or not the employee was actually in the course of their employment at the time of the accident.


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M. M.

The first thing that comes to mind when I think of The Epstein Law Firm is, “These guys know what they are doing!” Being involved in a lawsuit is emotionally draining. Having a team like them to support you is like having the best captain in uncharted waters. Aside from being my lawyers and doing their job, it felt like they genuinely cared about me and my mental state. No words can ever fully express my gratitude.

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