Construction sites are inherently dangerous environments for workers who are exposed to numerous hazards every day. From heavy machinery and equipment to working from heights and hazardous materials, the risk of injury is ever-present. Despite stringent safety regulations and measures, accidents on construction sites still occur, often resulting in severe injuries or even fatalities. For construction workers in New Jersey, understanding their legal rights after sustaining an injury is important when planning to file a claim for compensation so you can recover.
Injured construction workers are entitled to protections and benefits under New Jersey law. These rights are designed to provide financial assistance for medical expenses, lost wages, and other related costs while holding responsible parties accountable for negligence for unsafe practices. Navigating the legal landscape following a construction accident can be challenging to say the least, but knowing your rights and the resources available can make a significant difference in your recovery journey.
At Brandon J. Broderick, Attorney at Law, our team of NJ construction accident lawyers have both the experience and resources to ensure an injured worker is compensated accordingly. Continue reading to learn more about the legal rights of injured construction workers in New Jersey, including workers' compensation benefits, third-party claims, and the importance of seeking legal representation.
Workers' Compensation Benefits
Who Is Eligible and What Does It Cover?
In New Jersey, the workers' compensation system provides financial support to employees who are injured on the job, regardless of fault. Construction workers are generally covered under workers comp, which covers medical treatment, temporary disability, permanent disability, and death benefits for dependents in the case of a death.
To qualify for workers' compensation, the injury must have occurred while performing job-related duties. You must report the injury to your employer as soon as possible, as delays can jeopardize your claim. According to the New Jersey Department of Labor and Workforce Development, workers should notify their employer within 90 days of the accident.
Types of Benefits
- Medical Benefits: Workers' compensation covers all necessary medical treatments related to the injury. This includes doctor visits, hospital stays, surgeries, medications, and rehabilitation services.
- Temporary Total Disability Benefits: If you are unable to work for more than seven days due to your injury, you may receive temporary total disability benefits. These benefits are typically 70% of your average weekly wage, up to a maximum limit set by the state.
- Permanent Partial Disability Benefits: If your injury results in a permanent impairment but does not completely prevent you from working, you may be eligible for permanent partial disability benefits. These benefits are calculated based on the severity of the disability and your pre-injury earnings.
- Permanent Total Disability Benefits: For workers who are permanently unable to return to any type of work, permanent total disability benefits provide long-term financial support. These benefits are also calculated at 70% of your average weekly wage.
- Death Benefits: In the tragic event of a worker's death, dependents may receive death benefits to help cover funeral expenses and provide financial support.
Third-Party Claims
Identifying Liable Parties
While workers' compensation benefits are essential, they may not fully cover all damages, especially in cases of severe injuries. In some instances, a third party's negligence may have contributed to the accident. Third parties can include subcontractors, equipment manufacturers, property owners, or other entities not directly employed by the injured worker's employer. Identifying all liable parties is something a workers comp lawyer can assist you with.
Filing a Third-Party Claim
If a third party's negligence contributed to your injury, you may be entitled to file a third-party personal injury claim in addition to your workers' compensation claim. This type of claim can provide additional compensation for pain and suffering, loss of consortium, and other non-economic damages that are not covered by workers' compensation.
For example, if a construction worker is injured due to faulty equipment, they may be able to file a claim against the equipment manufacturer. Similarly, if a subcontractor's negligence led to unsafe working conditions, the injured worker could pursue a claim against the subcontractor.
Should I Hire A Lawyer?
Navigating third-party claims can be difficult if you don’t understand the laws. It may also require thorough investigation and legal expertise. Consulting with an experienced personal injury attorney is crucial for building a strong case and maximizing your compensation. At Brandon J. Broderick, Attorney at Law, we have extensive experience handling third-party claims and are dedicated to fighting for the rights of injured construction workers.
The Importance of Seeking Legal Assistance
Protecting Your Rights
Following a construction site injury, it is essential to protect your rights and ensure you receive the full benefits and compensation you are entitled to. Employers and insurance companies may sometimes attempt to minimize payouts or deny claims. Having an attorney on your side can help you navigate these challenges and advocate for your best interests.
Comprehensive Support
An experienced personal injury attorney can assist you with every aspect of your claim, from filing the initial paperwork to representing you in court if necessary. They can help gather evidence, negotiate with insurance companies, and ensure that all legal deadlines are met. This comprehensive support is invaluable in securing a favorable outcome for your case.
Call Our Law Firm Today For A Free Consultation
Construction workers in New Jersey who suffer injuries on the job have various legal rights and avenues for compensation. At Brandon J. Broderick, Attorney at Law, our team committed to providing expert legal assistance to our clients, which includes injured construction workers. If you have been injured on a construction site, contact us today for a consultation.