Can You Get Workers’ Compensation? Is It Your Only Recourse?
Even when owners, general contractors and subcontractors take reasonable steps to protect your safety, working on a high-rise residential or commercial construction project can be one of the most dangerous occupations in the world. When those who are supposed to help keep you safe cut corners or otherwise fail to do what’s necessary or right, and you suffer a needless injury, you have a right to seek full and fair compensation for all your losses.
Can You File a Workers’ Compensation Claim for a Construction Site Injury?
Absolutely. Under New Jersey law, all employers must either have workers’ compensation insurance coverage or be approved to be self-insured. To qualify for workers’ compensation, you don’t need to prove that your employer was careless or negligent. You must only show that you were injured and that your injury was work-related. Although that may seem pretty straightforward, you can expect that your employer or the work comp insurance company will use a variety of tactics to try to deny or diminish your claim. In the immediate aftermath of a workplace injury, one of your first responses should be to hire an experienced workers’ compensation attorney.
Will You Be Limited to the Benefits Available through a Workers’ Compensation Claim?
Not necessarily. Workers’ compensation is intended to provide a remedy for the wrongful acts of your employer or a co-worker. If, however, your injuries were caused, either in whole or in part, by the carelessness of a third party, you can file a civil lawsuit to recover damages for all your losses. For example, if you were hurt because a power tool or machine malfunctioned or you were involved in a work-related motor vehicle accident caused by a third party, you can pursue compensation from that third party in a separate personal injury lawsuit. There’s one caveat, though—you cannot recover twice for the same loss. If your medical expenses are reimbursed or paid by workers’ compensation, you cannot recover them again in a civil suit.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a construction site injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.