The construction industry is known for being one of the most dangerous
occupations for anyone to work in. Often, construction workers are at
risk of being struck by cranes and falling objects.
When workers are not having to worry about falling off a ladder or a roof,
they're worrying about heavy machinery malfunctioning or an untrained
subcontractor being careless and hurting them.
Some of the major risks involved in construction, include:
- Falls from heights
- Trench collapse
- Being struck by an object
In many cases, a construction worker is injured because their employer
failed to provide adequate training, proper safety equipment, or they
failed to properly service or maintain heavy equipment. Safety errors
are commonplace in construction.
Going Beyond the Workers' Compensation Claim
In New Jersey, injured
construction workers can file a workers' compensation claim, which typically pays
for their medical bills and a portion of their lost wages. It can also
pay death benefits to surviving family members when the construction worker
Since workers' compensation is a "no-fault" system, the worker
who receives benefits cannot go after their employer for negligence by
filing a separate civil lawsuit. However, depending upon the circumstances
of the case, the injured worker may have a valid third party claim.
What is a third party claim?
Workers' compensation does
not cover a worker's full lost wages, only a portion thereof. That being
said, when a third party contributed to the worker's injuries, the
worker may have grounds to file a third party claim, in
addition to their workers' compensation claim.
For example, if a construction worker was violently attacked by a property
owner's dog, he may be able to file a claim against the property owner's
Or, if a worker was struck by a vehicle in a pedestrian accident while
he was unloading materials for the job, he may want to file a claim against
the driver of the car that hit him.
In construction accidents, often a third party claim is filed against a
subcontractor or a manufacturer of faulty machinery, but the liable party
can be others as well.
To learn more about your legal options,
contact Bergen County Personal Injury Attorney Brandon J. Broderick today!