Due to the use of heavy machinery and hazardous materials, as well as high-risk job duties, construction sites are dangerous to work at. Even with the industry's best efforts to put safety precautions in place, accidents can still occur and cause severe injuries or even unintentional deaths. When these construction accidents happen, determining liability is important to helping the injury victim recover compensation.

We will explore the liability of parties who may be liable in New Jersey construction site accidents, as well as the legal options available to the injured parties.

The NJ construction accident lawyers of Brandon J. Broderick, Attorney at Law can help you in the event of a construction site injury. Allow our team to go over the specifics of your case and present you with the legal options available to you.

OSHA Safety Standards And How It Impacts Liability

To avoid accidents and protect construction workers, the Occupational Safety and Health Administration (OSHA) establishes safety standards and guidelines for the construction industry. To keep the workplace safe, employers, subcontractors, and contractors must abide by these regulations. Legal repercussions could impact liable parties in the event that an accident and injuries result from a violation of OSHA laws.

Identifying Liable Parties in NJ Construction Site Accidents

There are a number of parties who can be potentially liable when a construction accident happens on a New Jersey construction site. Depending on the specifics of the accident, the following parties may be liable:

Construction Company

The construction company itself bears the main responsibility for guaranteeing a safe working environment on a construction site. Construction companies are required by New Jersey law to take necessary precautions to keep their workers safe and prevent accidents. This may include offering safety training, maintaining equipment, and ensuring safety rules.

If an accident is caused by a construction company's negligence or because of a disregard for safety regulations, then an injured worker may be able to file a personal injury claim against the company to recover damages.

General Contractors

The overall project management falls within the responsibility of general contractors. They must hire qualified and experienced employees, and they have an obligation to make sure that safety procedures are followed. They may be held liable if an accident happens as a result of their negligence in overseeing the project or ensuring a secure work environment.

Subcontractors and Independent Contractors

In order to get certain jobs done on a construction site, general contractors will hire subcontractors. These workers must follow safety protocols to avoid accidents and they may be liable if their negligence causes injury.

The party may sue the independent contractor or subcontractor who was at fault for their injuries in a personal injury claim. Furthermore, contingent upon the specifics of the case and the terms of any applicable contracts, they could still be able to pursue recompense from the construction company as well.

Property Owners

Even though they are not involved in the work themselves, property owners and developers still have a responsibility to ensure a safe working environment on the job site. It is their responsibility to make sure the site is safe and that all businesses involved in the construction process follow safety rules.

Victims of dangerous practices or conditions may claim negligence against property owners or developers in a lawsuit.

Equipment Manufacturers

Machinery and equipment are often used on construction sites. The manufacturer of the machinery could face legal action for damages if the machinery breaks down or is flawed and causes an accident. A product liability lawsuit against these parties may be filed in certain situations.

Third Parties

Outside third parties, like consultants, architects, and engineers, are often involved in the planning and execution of a construction project. Victims of accidents caused by their negligence may be able to sue for damages.

What Are My Legal Options After A NJ Construction Accident?

  • Workers' compensation: If you own a business in New Jersey, you must have workers' compensation insurance. This includes construction companies. Injured employees can get medical care and recover lost wages no matter who is at fault. Workers' compensation allows injured construction workers to get medical care immediately after an accident.
  • Third party lawsuit: Although workers' compensation may pay for medical bills and lost wages, it usually does not compensate for emotional distress. You can seek more damages by suing a third party who was involved in the accident, including a subcontractor or equipment manufacturer, for example.
  • Construction accident lawsuit: If workers' comp isn't sufficient, you may go after other parties. If the construction company was grossly negligent or does not have workers' compensation insurance, you have the right to sue them directly for any damages you suffered as a result of a construction accident.

Contact Brandon J. Broderick For Help After a NJ Construction Accident

Brandon J. Broderick, Attorney at Law is the firm you trust in New Jersey for all of your personal injury needs, whether it be a construction site accident or car accident. Our team of lawyers has decades of combined expertise and a history of successful outcomes on behalf of injured workers.

Schedule a no-cost, obligation free consultation today and we can help you get the compensation you need to get back on your feet.

Posted by: Brandon J. Bro…
Date: Thu, 05/09/2024 - 17:06

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