Practice Areas
Construction
Accidents
Construction sites are among the most dangerous workplaces in New Jersey — if you were injured, you may have rights beyond workers' compensation. We help construction workers and their families pursue full compensation for serious injuries.
Third-Party Claims
You may sue contractors, equipment manufacturers, or property owners beyond workers' comp
Statute
2 years from injury date to file personal injury claims in NJ
Fee
No fee unless we win — zero financial risk to you
Damages
Full wages, medical costs, pain and suffering, permanent disability
New Jersey's construction accident laws allow injured workers to pursue compensation beyond workers' comp when third parties are responsible. This can mean significantly higher recovery for serious injuries.
Construction accident cases in New Jersey are governed by both workers' compensation law and general personal injury statutes under N.J.S.A. 34:15-1 et seq. and N.J.S.A. 2A:15-5.1 et seq. While workers' compensation provides limited benefits regardless of fault, injured construction workers can also pursue third-party claims against general contractors, subcontractors, equipment manufacturers, property owners, or other parties whose negligence contributed to the accident. New Jersey's Scaffold Law and construction safety regulations under N.J.A.C. 12:100 create specific duties and liability standards for construction site safety.
Compensation in construction accident cases can include full lost wages (past and future), all medical expenses including long-term care and rehabilitation, pain and suffering, permanent disability or disfigurement, loss of earning capacity, and in fatal cases, wrongful death damages for surviving family members. Unlike workers' compensation which caps wage replacement at two-thirds of salary, third-party claims allow recovery of full wages and additional damages. For catastrophic injuries like spinal cord damage, traumatic brain injury, or amputations, settlements and verdicts can reach into the millions of dollars.
The primary challenge in construction accident cases is identifying all liable parties and navigating the complex web of contractors, subcontractors, and insurance coverage. Construction companies and their insurers often argue that workers' compensation is the exclusive remedy, but this defense fails when third parties are involved. Time is critical — evidence at construction sites disappears quickly as work continues, and witness memories fade. Additionally, some construction workers are misclassified as independent contractors to avoid workers' comp coverage, which can actually strengthen their third-party injury claims but requires careful legal analysis.
The Law
What you
need to know
01
Scaffold Collapses
Defective or improperly erected scaffolding causes falls and serious injuries. Equipment manufacturers and general contractors may be liable beyond workers' comp.
02
Crane Accidents
Crane malfunctions, tip-overs, or struck-by incidents often involve multiple parties including crane operators, rental companies, and site supervisors.
03
Electrocution Injuries
Contact with power lines or faulty electrical systems can cause severe burns, cardiac arrest, or death. Utility companies and electrical contractors may be liable.
04
Trench Cave-ins
Improperly shored excavations can trap and crush workers. General contractors have specific duties under OSHA regulations for excavation safety.
05
Defective Equipment
Malfunctioning tools, machinery, or safety equipment can cause serious injuries. Manufacturers and equipment rental companies may be liable for defects.
06
Falling Objects
Tools, materials, or debris falling from heights can cause traumatic brain injuries or death. Site supervisors and contractors may be liable for inadequate safety protocols.
Cases we handle
Common scenarios
What to expect
How the
process works
Immediate Medical Care & Documentation
Seek emergency medical treatment and report the accident to your employer immediately. Document the scene with photos if possible and gather witness information. Proper medical documentation is crucial for both workers' comp and third-party claims.
Workers' Comp Claim Filing
File your workers' compensation claim to secure immediate medical coverage and wage replacement. This does not prevent you from pursuing third-party claims. We help ensure you receive all benefits you're entitled to under workers' comp.
Third-Party Investigation
We conduct a thorough investigation to identify all potentially liable parties beyond your employer. This includes examining safety violations, equipment defects, and contractor negligence. Time is critical as construction sites change rapidly.
Claim Development & Negotiation
We build your case by gathering expert testimony, medical records, and wage documentation. We then present formal demands to all liable parties and their insurers. Many cases resolve through negotiation at this stage.
Litigation if Necessary
If fair settlement offers are not made, we file suit and take your case to trial. Construction accident cases often involve complex liability issues and substantial damages, requiring experienced trial advocacy to achieve full compensation.
Questions
Frequently
asked
-
Yes, absolutely. Workers' compensation only covers claims against your direct employer. If a third party like a general contractor, subcontractor, equipment manufacturer, or property owner contributed to your accident, you can pursue a separate personal injury claim against them for full damages.
-
You generally have two years from the date of injury to file a personal injury lawsuit against third parties. However, you should act quickly — construction sites change rapidly, evidence disappears, and witnesses become harder to locate. The sooner you contact us, the stronger your case will be.
-
Even if you made a mistake, you may still have valid third-party claims. Construction sites have complex safety requirements, and multiple parties may share responsibility for your accident. New Jersey's comparative negligence law allows recovery even if you were partially at fault, as long as you were less than 51% responsible.
-
Third-party claims can provide significantly more compensation than workers' comp alone. You can recover full lost wages (not just two-thirds), all medical expenses, pain and suffering, and permanent disability damages. For serious injuries, total compensation can be hundreds of thousands or millions of dollars.
-
Independent contractors typically cannot receive workers' compensation, but this actually strengthens your ability to sue all parties involved in your accident, including the company that hired you. Many workers are misclassified as independent contractors, and we can help determine your true employment status.
-
Nothing upfront. We work on a contingency fee basis, meaning we only get paid if we recover compensation for you. The initial consultation is free, and there is no financial risk in calling us to discuss your case.
Free Consultation
Injured in aconstruction accident?
Tell us what happened. We'll give you an honest assessment - no pressure, no obligation, and no fee unless we recover for you. We're available by phone or at our offices, and we're happy to meet you wherever is most convenient.
Call Us Directly
(973) 401-0064