Construction sites are among the most hazardous workplaces in New Jersey, where accidents can result in serious injury, permanent disability, or even death. From scaffold accidents to malfunctioning equipment to slips and falls, the risks are significant, and so are the consequences.
If you’ve been injured on a construction job site, you have legal rights, but navigating your options under New Jersey law can be complex.
Let’s explore your legal options following a construction site injury and look at how the Law Offices of Howard D. Popper, P.C., an experienced New Jersey construction accident lawyer can help you pursue the compensation you deserve. Howard. D. Popper has successfully represented injury victims in construction accident claims, including a recent case where he secured $5.2 million in damages in a case involving OSHA violations and other construction site issues.
The Common Causes of Construction Site Injuries
Construction workers in Morris County and throughout New Jersey face daily risks that can lead to devastating injuries. Some of the most common causes include:
- Falls from heights (ladders, roofs, scaffolds)
- Malfunctioning or improperly maintained equipment
- Electrical shocks and arc flashes
- Falling objects, including tools, jobsite materials, or debris
- Scaffolding collapses due to poor assembly or overload
- Trench collapses that trap or suffocate workers
- OSHA violations, such as a lack of protective gear or inadequate training
When Can You File a Third-Party Lawsuit?
While workers’ compensation covers most job-related injuries, you may also be entitled to file a third-party personal injury lawsuit if someone (a third-party) other than your employer or a co-worker contributed to your accident. The following are common scenarios:
- Injuries caused by general contractors, subcontractors, vendors, or architects
- Product liability claims, such as defective tools, machinery, or safety gear
- Vehicle-related accidents involving delivery trucks or site equipment not controlled by your employer
At the Law Offices of Howard D. Popper, P.C., we have the skill, knowledge, and experience to assess your case and quickly determine whether you have the right to file a third-party claim for liability in a construction site accident. To succeed on a third-party claim, construction accident attorney Howard D. Popper, Esq. must establish liability and causation through evidence such as accident reports, expert testimony, and medical records.
Workers’ Compensation vs. Personal Injury Lawsuits in NJ
If you’ve been hurt at a construction site, two very different paths can apply: a workers’ compensation claim through your employer’s insurance, or a personal injury lawsuit against the at-fault party. The right path depends on where and how the injury happened—and each route has its own rules, benefits, and trade-offs.
| Workers’ Compensation | Personal Injury Lawsuit (Also Known as a Third-Party Claim) | |
|---|---|---|
| Fault Requirement | No need to prove negligence or fault | Must prove negligence or fault of a third party |
| Remedies | Workers’ compensation system is your exclusive remedy–you may not bring a personal injury lawsuit against your employer | Cannot sue your employer, but may sue third parties (e.g., subcontractors, equipment manufacturers, property owners) |
| Compensation Available | Reasonable and necessary medical expenses, lost wages or income, death benefits | Wage loss, medical expenses, pain and suffering, loss of enjoyment of life, loss of companionship or consortium |
| Pain and Suffering | Not covered | Covered |
| Purpose | To streamline the workplace injury claim process for employees and employers | To allow injured workers to recover from at-fault third parties |
| Example Situations | Injury while performing job duties | Injury due to defective machinery or a negligent third-party contractor |
Steps To Take After a Construction Site Injury
Taking the appropriate steps after a construction accident can give you more options for care and help protect your legal rights, so that you have the best chance to get full and fair compensation for your losses. Here’s what you want to do:
- Step 1: Report the injury to your employer or supervisor immediately.
- Step 2: Seek immediate medical attention and ensure all treatments are properly documented.
- Step 3: Preserve evidence, including photos of the scene, equipment involved, and names of any witnesses.
- Step 4: Avoid talking with or providing recorded statements to insurance companies without legal guidance.
- Step 5: Consult the Law Offices of Howard D. Popper as soon as possible for a free case evaluation
Read Also: Recovering Damages After a New Jersey Construction Site Accident
Contact the Law Offices of Howard D. Popper
With offices in Morristown and Newton, the Law Offices of Howard D. Popper have been trusted by New Jersey workers and families for decades. We offer a free consultation to evaluate your construction accident and explain your legal options clearly. Our firm works on a contingency fee basis—you won’t pay any legal fees unless we secure compensation on your behalf.
Call 973-659-4144 or contact us online today to speak with a dedicated New Jersey construction accident lawyer ready to fight for your rights.