It’s well-known, and U.S. Bureau of Labor statistics confirm, that working on a residential or commercial construction site is one of the most dangerous occupations in the world. According to reports, nearly seven million construction site injuries are reported every year, with almost 1,000 fatalities from construction site accidents. Especially in high-rise construction, with most work done high above the ground and often inadequate protective barriers, the risk of serious injury is substantial.
If you are one of the many who has been hurt on the job at a construction project, what are your options?
File a Workers’ Compensation Claim
Under New Jersey law, employers are required to carry workers’ compensation insurance or to obtain approval to be self-insured (meaning they will pay any workers’ compensation benefits directly). If you have been hurt on a construction site, and your employer or a co-employee contributed to or caused your injury, you may have a right to benefits. You must, however, have been performing duties considered to be within the scope of your employment. You may not qualify if you were engaged in personal business, or if you intentionally caused your injury.
File a Lawsuit
In most instances, a workers’ compensation claim will be your sole and exclusive remedy, meaning that you cannot pursue damages through any other avenue. However, workers’ compensation covers only the negligence of your employer or a co-employee. If your losses were caused, in part or in whole, by the wrongdoing of an unrelated third party, such as a product manufacturer or a vendor, you can file a lawsuit to recover for those losses. In fact, you can file a third-party lawsuit simultaneous with a workers’ compensation claim, as they address different liabilities.
Contact Howard D. Popper, P.C., P.C.
Send us an e-mail or call us at 973-993-8787 to set up a free initial consultation. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.
We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.