What Should I do if I Have Been Injured in a New Jersey Construction Site Accident?

Reviewed by Daniel P. McNerney, Esq.

Construction workers do their jobs honorably, diligently, and consistently, day after day. These employees are critical for our infrastructure, ensuring that buildings, roads, dams, electrical grids, and more are safe and functional, ensuring that we can continue our standard way of life. That is why if you are a construction worker or a passerby who has been injured in a construction site accident, you deserve financial compensation to help cover the cost of your medical bills, lost wages and reduced earning capacity, in-home care, and more. Fortunately, all you have to do is read on and reach out to our experienced New Jersey personal injury attorneys to learn more about the legal process going forward:

What are the most common types of construction accidents?

Unfortunately, there are a number of accidents that can occur on construction sites on a daily basis as a result of hazards, lack of adequate training, and improper protective equipment. Some of the most common incidents include;

• Slips and falls
• Falling debris
• Ladder collapses
• Ironworker accidents
• Nail gun accidents
• Scaffolding collapses
• Crush accidents
• Trench cave-ins
• Explosions
• Electrocutions
• Heavy equipment accidents
• Lifting injuries
• Injuries caused by hazardous materials

Similarly, construction site accidents may arise as a result of a supervisor’s negligence or hazardous conditions on the premises. These may both result in your ability to seek compensation for the damages you have endured as a result. According to the Occupational Safety and Health Administration (OSHA), regular site safety audits and strict adherence to federal safety protocols are required to prevent these exact workplace catastrophes.

What should I do after a construction site accident?

If you have been injured in a construction site accident, there are a few things you should do to satisfy the burden of proof if you plan on filing a personal injury claim:

1. The first thing you must do is call the police. They will document the incident and send an ambulance that will take you to the nearest hospital for treatment.
2. Generally, you will have a few minutes before the ambulance arrives, so you must ensure you use that time wisely. If physically capable, take pictures and videos of the unsafe conditions, defective equipment, or any other safety hazard that caused your accident.
3. From here, ensure you speak with any witnesses to the accident and request their contact information. This can include business cards, phone numbers, email addresses, or even written/verbally-recorded statements corroborating your claim.
4. Once you are treated at the hospital, ask your doctor for all related medical documents and bills, which you may also use in your personal injury claim.
5. Perhaps most importantly, you should hire an experienced attorney. Our firm will work to gather, collect, and potentially subpoena all relevant evidence to effectively file a third-party lawsuit on your behalf. This is so that you won’t have to sue your employer directly, which may cause you to lose your job, while still allowing you to receive the compensation you need to make a full recovery. Your lawsuit will focus instead on negligent parties such as architects, designers, general contractors, equipment manufacturers, the property owner, or leasing agents. This legal strategy allows you to secure personal injury damages while simultaneously maintaining your eligibility for New Jersey workers’ compensation benefits.

Who qualifies for financial compensation?

If you sustained injuries while on a construction site in New Jersey as a result of another party’s negligent actions, you are likely eligible to seek compensation for the financial damages you have suffered. This is true regardless of whether you are an employee actively working on the site or you are simply a passerby who happened to be in the wrong place at the wrong time. Under civil personal injury law, anyone who is lawfully on or near the premises is owed a basic duty of care by the operating site managers.

It is important to note, however, that those trespassing at the time of injury are generally barred from seeking compensation for their damages. This is because property owners in Bergen County, and throughout New Jersey for that matter, typically do not owe a duty of care or safe conditions for adult trespassers in most instances.

How long will I have to sue for an injury sustained in a New Jersey construction site accident?

Construction workers in New Jersey have a certain amount of time to take legal action against the negligent party that caused their injuries. This timeframe is known as the statute of limitations. Since the statute of limitations for personal injury claims in New Jersey is two years, you will have two years from the date of your accident to take legal action against a negligent party. If you wait any longer than two years, you will most likely be barred from suing, which you cannot let happen. We are ready to fight on your behalf–all you have to do is ask. This hard two-year deadline is strictly enforced across the state under New Jersey Revised Statutes Section 2A:14-2.

Contact our experienced New Jersey firm

When someone is injured due to another party’s negligence, it is only right that they receive the justice they deserve. We understand the severity of construction site accidents, and we will not let insurance companies take advantage of you. As a victim, your only job is to call us, and we will take it from there. Please, do yourself a favor and do not wait. If you or someone you know was injured in an accident and is seeking financial compensation, contact the legal team at McNerny & McAuliffe today. Our firm is also experienced in handling legal matters relating to divorce, family law, criminal law, and more. We are here to help.