A construction injury can interrupt your income while leaving you with treatment appointments and questions about who will pay for your care. The job site may involve several contractors, rented equipment, and crews employed by different companies. A Hackensack construction accident attorney can help identify the available claims and explain what comes next.
The Rothenberg Law Firm represents injured workers and families in construction accident, wrongful death, and personal injury matters. We can review workers’ compensation benefits, investigate other parties’ responsibility, and pursue compensation supported by the evidence. You can ask for help before you know which company controlled the work or supplied the equipment involved.
Construction Injuries Can Involve More Than One Claim
For an injured construction worker, workers’ compensation and a third-party injury claim serve different purposes. Reviewing both can help identify the benefits available now and any separate personal injury claim arising from another party’s conduct.
Workers’ Compensation Benefits
New Jersey workers’ compensation provides benefits to covered employees suffering from workplace injuries. It is a no-fault system, so benefits do not depend on proving that your employer was negligent. Available benefits may include necessary medical treatment, temporary wage replacement, and compensation for permanent disability.
A workers’ compensation claim is generally the route for injury claims against your employer. Your attorney can review your employment circumstances, treatment needs, and benefit payments, and help address problems obtaining the care or benefits available under the law.
A Claim Against a Responsible Third Party
A third party is someone outside your employer and co-worker relationship who may be legally responsible for the injury. Depending on the evidence, that could involve another contractor, an equipment manufacturer, a property owner, or a delivery company.
For example, a worker injured by equipment operated by another company may have a claim involving that company’s conduct. An injury involving a defective machine or other defective equipment may call for a product liability investigation. Your attorney examines each party’s role, legal responsibilities, and connection to the accident.
New Jersey law recognizes third-party claims alongside workers’ compensation. The claims must be coordinated because a third-party recovery can involve repayment of certain workers’ compensation benefits. Your lawyer can explain how benefits already paid and any required reimbursement affect a proposed resolution.
Construction Accidents That Require Careful Investigation
In construction site accidents, the equipment, task, and work area all influence the evidence needed after an accident. OSHA’s construction safety resources address hazards involving falls, machinery, heavy equipment, electricity, and other construction activities. A legal investigation can examine relevant safety standards alongside the facts of your injury.
Construction accident claims may involve:
- Falls from scaffolds, ladders, or elevated work areas: The investigation may address equipment condition, access, safety equipment and fall protection, and responsibility for the work area.
- Falling objects and moving loads: Relevant information can include lifting operations, material storage, equipment use, and coordination between crews.
- Vehicle and heavy equipment incidents: Crane accidents, site traffic, equipment operation, delivery activity, and available video may help explain what happened.
- Electrical injuries and burns: In cases involving shocks or electrocutions, records concerning the work, equipment, and control of electrical systems may be important.
- Excavation or structural failures: Site plans, inspections, and the companies performing or directing the work may require review.
- Defective tools or machinery: The product, its components, maintenance history, and identifying information can help guide an investigation.
Our Hackensack personal injury practice provides a broader overview of the matters we handle. For a construction site injury, the review focuses on the job site, the work underway, and the claims that fit your circumstances.
How a Hackensack Construction Accident Lawyer Investigates
A company’s name on a sign or truck is a starting point. Construction projects may involve an owner, general contractor, multiple subcontractors, equipment suppliers, and outside service providers. Your legal team can investigate which entities were responsible for the activity or condition involved in your injury.
Contracts, work assignments, and testimony may help establish who supervised particular operations, supplied equipment, or undertook safety responsibilities. The investigation also examines how the incident occurred and how the responsible conduct caused harm.
Preserving Evidence as the Project Changes
Construction work continues to change a construction site. Materials move, equipment leaves, and the area where an accident occurred may look different as work progresses. Early legal review allows your attorney to identify evidence that should be preserved.
Depending on the incident, relevant evidence may include:
- Photographs and video of the work area, equipment, and surrounding conditions.
- Incident reports and witness contact information.
- Equipment inspection, repair, rental, and maintenance records.
- Project contracts, work logs, site plans, and delivery records.
- Safety documentation and available inspection findings.
- Medical records explaining the injuries, such as broken bones, traumatic brain injuries, or amputations, and resulting limitations.
You do not have to obtain these materials yourself. Share the site address, your employer’s name, and any information you already have. Your attorney can identify additional records and appropriate steps to request their preservation.
Understanding Your Employment and Work Assignment
The company paying you may differ from the company directing a particular task. Pay records, staffing documents, and job assignments can help clarify those relationships. Tell your lawyer who employed you, where you reported for work, and which task you were performing when the accident occurred.
This information helps the legal team evaluate workers’ compensation coverage and possible claims involving other companies. You do not need to resolve the legal relationships before calling.
What a Third-Party Injury Claim May Cover
A third-party claim can address losses beyond the benefits available through workers’ compensation, including pain and suffering. The compensation sought should reflect the injury, its effect on your life, and the evidence supporting current and future needs.
Depending on the circumstances, recoverable losses may include past and future medical bills and medical expenses, rehabilitation, lost earnings and lost wages, reduced earning capacity, and necessary assistance or equipment. The claim may also address physical pain, disability, and loss of enjoyment of daily activities.
For a construction worker, the demands of the job matter. Restrictions on climbing, lifting, bending, or using tools may affect your ability to return to the same work. Medical assessments and employment information can help explain those effects and evaluate future income losses.
Your needs at home also deserve attention. An injury may require transportation to appointments, help with personal care, or changes to how you use your home. Appropriate professional assessments can help document lasting care needs and their expected cost. Your lawyer can evaluate these losses while coordinating the claim with benefits already received.
Steps to Take After a Hackensack Construction Accident
Seek appropriate medical attention, including emergency assistance when needed. As soon as you are able, report the injury to your supervisor or another appropriate person at work. Keep any incident report or claim information you receive.
For follow-up workers’ compensation care, New Jersey generally allows the employer or its insurance carrier to select the treating provider. Ask how authorized treatment will be arranged. If necessary care is delayed or disputed, an attorney can explain the available procedures for requesting treatment and benefits.
You can also take these practical steps when your condition allows:
- Save photographs, messages, and documents already in your possession.
- Keep the names and contact information of people who witnessed the accident.
- Retain medical paperwork, expense receipts, pay statements, and benefit notices.
- Note equipment identifiers or company names you remember.
- Ask a lawyer about preserving equipment and reviewing any documents concerning the claim.
Do not return to an unsafe area or handle damaged equipment to collect evidence. Family members can help organize records while you recover. Your account and the information you already have are enough to begin a conversation about the next steps.
Filing Deadlines for New Jersey Construction Injury Claims
Workers’ compensation and civil injury claims have separate deadlines. Under the New Jersey Division of Workers’ Compensation’s filing guidance, a formal claim petition generally must be filed within two years of the injury or the last payment of compensation, whichever is later. Employer-authorized medical treatment can count as a payment of compensation. Occupational illness claims have different timing considerations.
A third-party personal injury lawsuit is generally subject to the two-year period in N.J.S.A. 2A:14-2. The applicable start date and any exceptions require individual review. Reporting an accident at work and filing a legal claim are separate steps.
Third-party claims against public entities may require a formal notice within 90 days after accrual under the New Jersey Tort Claims Act notice process. Your lawyer can determine whether that requirement applies and identify the proper recipient.
Contact an attorney promptly, even when you are uncertain about the dates. A review can address the deadlines, evidence preservation, and any immediate treatment or benefit concerns together.
Working With The Rothenberg Law Firm
The Rothenberg Law Firm has more than 55 years of personal injury experience handling every type of personal injury case. We invest time and resources in understanding serious injuries, catastrophic injuries, and preparing the cases we handle. Learn more about our firm and its approach to representing injured people and families.
Your first conversation is an opportunity to explain what happened, describe your current concerns, and ask questions. If we undertake representation, we can investigate the accident, obtain relevant records, document losses, and pursue the supported claims. We prepare cases for trial when necessary and explain important decisions along the way.
You can review our case process and meet our dedicated personal injury lawyers before contacting us. Ask how updates will be provided and how legal fees and case expenses are handled for the claims involved.
Speak With a Hackensack Construction Accident Attorney
You may need help arranging the next step while treatment and household expenses continue. A Hackensack construction accident attorney at The Rothenberg Law Firm can review your situation, explain potential benefits and claims, and discuss pursuing compensation for your injuries.
Hackensack Construction Accident Frequently Asked Questions
Can I have a case if I already receive workers’ compensation?
Yes, a separate claim may be available when a third party is legally responsible for your injury. Your attorney can investigate that possibility and coordinate any third-party claim with your workers’ compensation benefits and applicable reimbursement requirements.
What if I do not know which company caused the accident?
You can still request a case evaluation. Provide the job-site address, your employer’s name, and what you remember about the incident. Your legal team can examine contracts, work records, equipment information, and witness accounts to identify the relevant parties.
Can a lawyer help when medical treatment is delayed?
An attorney can review the issue and explain procedures for requesting medical treatment or temporary benefits through the New Jersey Division of Workers’ Compensation. Seek emergency assistance when needed and ask about authorized follow-up care.
Can I contact the firm for an injured family member?
Yes. You can ask how to begin a review while your loved one is hospitalized or recovering. The firm can explain what information is useful and what permission or legal authority may be needed to obtain records and pursue claims.
How much does the initial case evaluation cost?
The Rothenberg Law Firm offers a free case evaluation. You can discuss the accident and ask about your options. Fee arrangements can differ between workers’ compensation proceedings and a third-party lawsuit; ask how fees and case expenses will be handled before representation begins.