Construction Site Injuries in NJ: Who is Liable?

Construction work in New Jersey presents inherent risks, with accidents such as falls, falling objects, trench collapses, and electrocutions having the potential to instantly and permanently alter workers’ lives. While the majority of injured workers initially seek recovery through their employer’s workers’ compensation insurance, they frequently remain unaware that this is not the sole route for obtaining compensation for their damages. Please continue reading as we examine the parties who may be held liable for a construction injury and how a skilled Morris County Workers’ Compensation Attorney can assist you in navigating your legal options. 

What Does Workers’ Compensation Cover?

New Jersey’s workers’ compensation operates as a no-fault system. This means that if you are injured during your employment, you are typically entitled to benefits regardless of who was at-fault or whether your employer was negligent. These benefits generally include medical treatment, a percentage of your wages lost due to your inability to work, and potential benefits for permanent partial or total disability.

It is crucial to understand that in return for this guaranteed coverage, New Jersey workers’ compensation laws usually prevent you from pursuing legal action against your employer directly for negligence, provided the employer maintains proper insurance coverage.

What Does Workers’ Compensation Not Cover?

Workers’ compensation provides vital support but has significant limitations, as it typically does not cover your non-economic damages like pain and suffering, loss of enjoyment of life, full wage loss, and certain future losses. For serious injuries, relying solely on workers’ compensation can result in a major financial shortfall. Therefore, identifying other potentially liable parties for the damages you have incurred is essential.

A third-party claim is a personal injury lawsuit filed against an entity other than your employer. Examples include a property owner, contractor, equipment manufacturer, or a negligent motorist who contributed to your injury. Unlike workers’ compensation, a successful third-party claim can pursue full compensation for both your economic and non-economic damages.

It should be noted that you are entitled to pursue both workers’ compensation benefits and a third-party claim simultaneously. These two legal avenues operate independently and can complement each other to maximize your recovery.

Who Are Potential Liable Parties in New Jersey Construction Accidents?

If you were injured on a construction site in New Jersey, individuals or companies other than your employer may be held liable under New Jersey Labor Law and common law negligence principles. These parties can include:

• Property Owners: For negligence in maintaining safe premises or failing to address known hazards.
• General Contractors: If their failure to oversee site safety, coordinate subcontractors, or enforce regulatory compliance contributed to the injury.
• Other Subcontractors: When their faulty equipment, unsafe practices, or negligent work directly caused your injury.
• Equipment Manufacturers: For injuries resulting from defective tools or pieces of machinery.
• Architects & Engineers: If their deficient design or oversight resulted in unsafe working conditions.
• Material Suppliers: If substandard or defective materials led to a structural failure or other injury-causing incident.

To understand your specific situation and determine who may be held responsible, you should speak with an attorney at Lutz Injury Law.