Construction Accident Lawyer New Jersey
A seasoned construction accident lawyer New Jersey locals recommend can tell you that construction site accidents occur every day in the United States. Construction workers have one of the most dangerous jobs out there. An experienced construction accident lawyer in New Jersey recommends can attest that while performing job duties, a worker may have to be wary of falling building debris, defective tools, and shaky ladders. The victims can sustain traumatic brain injuries, broken bones, spinal cord injuries, or even death. This is because construction sites are filled with potential hazards such as heavy machinery and the falling object. When an accident happens and a construction worker is hurt, the resulting injuries can be painful and expensive. While there may be workers’ compensation benefits available, it is important that a worker understands his or her rights during the process. If you were hurt in a construction accident, it may be in your best interest to consult with a construction accident lawyer in New Jersey from Rispoli & Borneo, P.C.
While on the job site, a worker must be attentive to potential risks and practice safety to avoid being involved in an accident. However, even when following the rules and using protective equipment, a construction worker can get hurt due to no fault of his or her own. If any member of the construction team is careless, they could be putting another in jeopardy. A worker may endure broken bones, amputation, fractures, lacerations, burns, and more.
Table Of Contents
- Construction Accident Lawyer New Jersey
- The most common construction accident injuries
- The Steps To Take After a Construction Accident on the Job
- Common Mistakes To Avoid With Construction Accident Claims
- Do’s and Don’ts of Construction Injuries
- New Jersey Construction Accident Law Infographic
- New Jersey Construction Accident Law FAQs
The most common construction accident injuries
- Slip and Falls: Slip and falls make up a large percentage of construction accidents. Construction workers can trip over materials, tools, and even holes in the ground if the area is not marked for hazards. If you were injured while working at a construction site, call a construction accident lawyer for New Jersey residents to choose under these circumstances. We may be able to help you recover your accident-related damages.
- Electrocutions: Construction site accidents can involve electrocution. If a person comes in contact with a power line or exposed electrical sources, he or she is in danger of getting electrocuted. Electrocutions can cause thermal burns, cardiac arrest, muscle and nerve damage, and death. If your loved one died in a construction accident, call us to speak with a construction accident lawyer New Jersey families turn to for justice.
- Struck By Objects: Many construction workers have been severely injured or killed as a result of getting struck by an object. These types of accidents can be prevented if construction workers receive proper training on how to use machinery and equipment properly. Your loved one may not have received that training which could make their employer liable. To find out more, call a construction accident lawyer for New Jersey victims to trust from Rispoli & Borneo, P.C.
- Ladder Accidents: Ladder accidents are also common on construction sites. If workers use the wrong type of ladder or set up the ladder incorrectly, they are in danger of falling off it. Ladder accidents can also occur if ladders aren’t maintained properly.
- Crushed Between Objects: Construction workers are often in danger of getting caught between equipment and other objects. For example, they may get their arm or leg stuck in heavy machinery. A crushed extremity can require extensive medical attention and result in a permanent injury that leaves them unable to work again. A New Jersey construction accident lawyer from our firm could negotiate a settlement on your behalf that will replace your future lost wages.
- Getting Hit By a Vehicle: Constructions sites are sometimes near busy roads and highways. If construction zones are not marked, drivers could strike them with their vehicles.
- Trench Collapse: Trenches are often dug on construction sites. However, if a trench collapses and a worker is inside, he or she could suffer life-threatening injuries or death.
Construction workers do have a tough job, as they must perform tasks while surrounded by loud noises, heavy machinery, particles in the air, dangerous tools, and more. Even the most aware and cautious construction worker may be at risk if an employer or other team member is not doing everything within their power to prevent an accident from happening.
In addition to the type of injuries a construction worker may sustain, it is important to discuss common questions an injured construction worker may have. New Jersey’s construction accident lawyers from Rispoli & Borneo, P.C. have answered several questions that many construction workers may have while dealing with a work-related injury.
The Steps To Take After a Construction Accident on the Job
At Rispoli & Borneo, P.C., we have a lot of experience helping construction workers obtain benefits following an accident at the job site. What steps can you follow to help your case? Follow these tips as soon as possible.
Get the Medical Attention You Need
First and foremost, you should protect your health. Depending on the seriousness of the injury, you can go to the hospital or call 911.
What if your employer’s workers’ comp policy requires you to visit a specific doctor? This is something the employer must inform you of ahead of time. Many states allow you to get a second opinion if you want.
There’s another reason you should visit a doctor: the medical report helps you prove your injuries for the workers’ comp claim. Your construction accident lawyer in New Jersey can use these records to build a strong case.
Give Your Employer Written Notification of the Injury
Telling your employer you’ve been injured is good, but it’s not enough. You need evidence that you provided written notification. Sometimes, this means filling in a specific form, and other times you can use email records as proof of notification. Always ask your construction accident lawyer in New Jersey which method to follow in your case.
Fill Out the Workers’ Compensation Claim Form
This form goes to the workers’ compensation insurance company. What information should you include?
- List of injuries
- Place the accident occurred
- Date and time of the accident
- Witnesses present or people involved in the accident
- Description of accident (i.e. “scaffolding collapsed on top of me”)
- Details of medical treatment received
It’s a good idea to let a construction accident lawyer in New Jersey help you fill out this claim form. You need to provide accurate information, but you shouldn’t give the impression you’re responsible for what occurred. You’re under no obligation to admit fault.
Common Mistakes To Avoid With Construction Accident Claims
Trying To Handle Your Claim Alone
Many people think that filing a claim after a construction accident is easy. They have the impression that all that’s needed is to fill out a form. The reality of the situation is very different.
Employers and insurance companies often make the process as hard as possible, hoping you’ll give up out of frustration. Many insurers reject completely legitimate claims just to slow you down.
Having a construction accident lawyer in New Jersey can help you cut through all this red tape. At Rispoli & Borneo, P.C., we explain your rights to you. We help you fill out the necessary documentation. We help you gather medical records and evidence to prove your case.
Talking With the Insurance Company
Don’t speak to your employer’s insurance company at all. No matter what the adjuster tells you, you have no obligation to provide any information to them.
If the insurer asks you to sign a written statement or talk about the accident, refuse. You’re completely within your rights. Don’t agree to let your employer or the insurance company look at your medical records.
The only people you want to look at your medical records are your legal team. A construction accident lawyer in New Jersey looks out for your interests and provides advice you can trust. At Rispoli & Borneo, P.C., we can take care of all negotiations with the insurance company on your behalf.
Signing a Settlement Offer or Documents You Don’t Understand
If the insurance company provides you with a settlement offer, don’t sign it. Take it to your construction accident lawyer in New Jersey first. Once you sign a settlement agreement, that’s the end of your claim.
Insurance companies offer you far less than you deserve, and the amount often isn’t enough to cover your true medical expenses. A settlement needs to help you with your physical recovery, lost wages, pain and suffering, and potential health problems that may arise in the future as a result of the accident.
Letting Your Boss Talk You Out of Filing a Claim
Don’t let your employer threaten or persuade you into giving up your rights. You can’t be fired or disciplined for submitting a claim. Don’t believe the lies. Trust a legal team that has been handling these cases for a long time.
If you’ve been injured on a construction worksite, you owe it to yourself and your family to get the medical treatment and compensation you deserve. Your injuries are covered even if you were partly responsible for the accident.
Do’s and Don’ts of Construction Injuries
Do Notify Your Employer Immediately
Your employer must be notified as soon as possible that you have sustained an injury or become ill as a result of your job. They have the right under New Jersey law to choose the doctors you see. Notification can be made verbally to your immediate supervisor or anyone in authority at your company.
Do Seek Medical Attention Immediately
If you are in an accident on the job, seek immediate medical attention, even if you don’t think you’re seriously hurt. Adrenaline coursing through your veins can mask pain and injuries or days. Don’t try to tough it out and finish your shift — see a doctor as soon as possible. Get copies of your medical records when you can, and bring those with you to your construction accident lawyer in New Jersey.
Do Document Everything That Happens
While you’re waiting to see a doctor, write down everything you can think of that might relate to your on-the-job injury. This information can be lost in a haze of pain medication or become jumbled with the passage of time. Documenting everything that occurred leading up to your injury can help a construction accident lawyer in New Jersey such as Rispoli & Borneo, P.C. pursue a successful workers’ compensation claim for you.
Don’t Downplay Mental Health Effects
While physical injuries often take the forefront of workers’ compensation cases, mental health issues can be just as serious. Untreated mental illness can lead to life-long struggles with things like anxiety and depression. These can contribute to serious physical health problems like heart attack, stroke and suicide.
Don’t Sign Anything Without Consulting a Lawyer
Your employer or representatives from their insurance company may want you to sign statements about what happened. Don’t. They may have worded things to make it seem like the injury was less severe than it actually is. While you may be entitled to workers’ compensation claims regardless of fault, the amount of your award could be impacted. Only a professional construction accident lawyer in New Jersey can help you know what to sign and what to let them deal with instead.
Don’t Try To Pursue a Workers’ Compensation Case Alone
While you could choose a generalized personal injury attorney for help with your workers’ compensation claim, a specialized construction accident lawyer in New Jersey is the right choice for your construction work injury. We at Rispoli & Borneo, P.C. do nothing but pursue workers’ compensation cases for construction-related injuries, and you deserve a specialist by your side.
Don’t Give Up on Your Claim
Believe it or not, many workers’ comp claims for construction accidents are denied by the insurer. This doesn’t mean you did something wrong. Often, it’s a tactic by insurance companies to make you feel frustrated and give up or accept a lower amount of compensation than you deserve.
That’s one reason having a construction accident lawyer in New Jersey is such a big help. At Rispoli & Borneo, P.C., we take care of all the heavy lifting while you focus on recovering. We follow up with your case, negotiate with insurers, and take other steps to fight for your well-being.
New Jersey Construction Accident Law Infographic
New Jersey Construction Accident Law FAQs
What if construction work is just a more dangerous job?
Suffering an injury, whether mild or serious, is not part of any job. Even those who have inherently riskier professions, deserve to work in an environment that has safety protocols and other strategies to help minimize the chances of getting hurt. Construction accident injuries can be complicated situations, as many parties may be involved, including manufacturers, suppliers, property owners, project managers, or contractors. Consult a construction accident lawyer in New Jersey to review your case.
What should I do if I was injured while working construction?
A construction worker may have a couple of options for taking action regarding the accident. Some states require that construction injuries that occurred while on the job are to be handled through workers’ compensation programs. However, other states may permit a worker to file a personal injury lawsuit instead. A construction accident lawyer in New Jersey can help the victim negotiate with responsible parties to get a settlement that enables him or her to overcome the accident. If the injury was at least partially due to faulty equipment, the manufacturer or supplier may be liable for injuries.
What type of compensation may I be eligible to receive?
An injured construction worker may be entitled to damages for current and future medical care, wage loss, pain, and suffering, and lost earning capacity. If the required safety protocols were not in place when the accident happened, the worker may be eligible for punitive damages too. Every situation is different, so meeting with a New Jersey construction accident lawyer who understands the complexity of construction worker injuries can be insightful.
Can I sue my employer because of a construction accident?
In general, a worker that has been injured due to a workplace accident is unable to sue their employer. What will likely happen instead, is the employee shall receive workers’ compensation benefits to help cover the medical costs, loss of wage, and other damages related to the injury.
It is required that I prove my employer was negligent?
In order to receive compensation for a construction accident, it is not required that you show proof of negligence. To seek compensation, the employee may just have to show that they were hired by the employer and that an injury resulted because of the job task or environment.
It is ever possible to sue a third party?
When it comes to construction accidents, it may be possible to sue a third party and obtain compensation for the injury. This may be appropriate for instances where a defective tool, machinery, or other equipment led to the injury happening.
How can an attorney be helpful for my construction accident?
Workers’ compensation offers coverage for injured employees, but not does always provide the worker with enough funds in order to get the fullest treatment. A construction accident lawyer from our New Jersey accident can consult with you about the details of your construction accident, to help determine whether legal action is necessary.
How much of a settlement award may a worker get for the construction injury?
Settlement amounts can be determined by a variety of factors, including what state the accident happened in, the severity of the injury, medical costs, and any cap laws that may apply. A New Jersey construction accident lawyer can help calculate a settlement estimate for you, after finding out more about your unique situation.
Are physical and emotional injuries covered under workers’ compensation?
Yes, injuries that are both mental and physical as a result of the construction accident may be covered by workers’ compensation benefits. Be sure to communicate with the doctor treating you about any mental or emotional challenges you are having, so these symptoms can receive the care they need as well.
What is OSHA?
OSHA stands for the Occupational and Safety Health Administration, which decides which rules are necessary for the workplace and establishes guidelines that employers must abide by. OSHA focuses on workplace safety and when rules are not followed, an employer may face the consequences.
Finding the Right Lawyer
Although construction accidents are more common than most people recognize, finding the right construction accident lawyer in New Jersey can make all the positive difference in the world if you’ve been injured while you’ve been involved with any sort of building accident.
There are at least seven ways people become injured on a construction job, including slip and fall; electrocution; being struck by an object; an accident involving a ladder; becoming crushed; getting hit by a vehicle, construction vehicle or not; a trench collapse. Most of these injuries occur when someone is on the job.
Small wonder that construction, in general, is considered to be a truly dangerous job. This is why it only makes sense if you’re been injured on a construction site you contact a professional construction accident lawyer just as soon as possible.
Lawyers Know How to Handle a Case
Not only are our attorneys familiar with the law as it will be applicable in your case, but they also know the law from a local perspective. They have the local knowledge of the construction industry and the way the law is practiced because they work in this arena on an almost daily basis. They know everyone from those who supply the materials you work with to the inspectors who judge the quality of your work on a regular basis. They understand how the local court system works and know many of the local professionals like prosecutors and judges.
Another area our attorneys know inside and out is the worker’s compensation rules and how they work in the area where the accident occurred.
Our construction accident attorneys are also familiar with OSHA (Occupational and Safety Health Administration) rules and regulations and know how they are interpreted in New Jersey.
As you can see from this list of expertise, there is a lot to know when it comes to properly representing a legal case involving a construction accident. It’s exactly this expertise you want and needs if you’re injured on a construction job and want to be sure you’ll be treated fairly and are in a position to be compensated well and fairly for what happened to you.
Keep in mind that your injuries may include emotional distress as well as physical pain and suffering. Your construction accident attorney will be able to consult with your doctors to be sure he or she understands the total impact you’ve suffered.
Set Up a Consultation Today
At Rispoli & Borneo, P.C., we understand how devastating it must be to suffer injuries from a construction accident. Our lawyers have extensive experience handling construction site lawsuits and want to help you get the settlement you need. You deserve justice for what happened to you.
If you would like to set up a free consultation to discuss your case, we encourage you to call Rispoli & Borneo, P.C. at (908) 353-0800 to speak with a respected construction accident lawyer in New Jersey office. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.
The construction accident lawyers at Rispoli & Borneo, PC have handled hundreds of workers’ compensation claims in New Jersey. We understand how devastating a work-related injury can be to an injured worker and his or her family. The New Jersey workers’ compensation laws (N.J.S.A. 34:15-1, et seq.) are designed to provide an injured worker with certain benefits.
The benefits include:
- Medical Treatment: The employer or workers’ compensation insurance company is required to provide medical treatment to an injured worker. The cost of the treatment is paid 100% by the insurance company. However, the insurance company has the authority to select the treating physician. If an injured worker treats by a physician other than the authorized treating physician, the insurance company will not be responsible for the cost of treatment.
- Temporary Disability Benefits: The employer or workers’ compensation insurance company is required to pay an injured worker 70% of his or her average weekly wage for the time missed from work because of the work-related injury. An employee must be out of work for seven consecutive days before he or she is entitled to receive temporary disability payments.
- Permanent Disability: An injured worker can seek payment of permanent disability payments, as compensation for the percentage of disability caused by the work-related injury.
- Death Benefits: When a work-related accident results in a worker’s death, benefits are payable to the employee’s dependents. Benefits are paid weekly, at 70% of the deceased employee’s average weekly wage. In addition, the insurance company shall pay $3,500 in funeral expenses.
The construction accident lawyers at Rispoli & Borneo, PC are well versed in the rules that govern payment of medical and temporary benefits under the New Jersey Workers’ Compensation system. If all of the benefits owed to an injured worker are not paid in full, the lawyers at Rispoli & Borneo, PC can file a Motion for Medical and Temporary Benefits to force the insurance company to provide all of the benefits afforded under the law.
An injured worker is allowed to re-open a claim and seek additional treatment and/or additional compensation. If you were injured in a construction accident and settled your claim, the lawyers at Rispoli & Borneo, PC may be able to file an Application for Review and Modification of Prior Award in an effort to obtain additional benefits. Most often these benefits include additional treatment and additional compensation for the construction-related injury. An injured worker only has two years to file such an application.
The legal firm of Rispoli & Borneo, P.C. has successfully represented many construction accident cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.