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New Jersey Construction Accident Lawyer
Construction site accidents are complex issues that will require the services of an experienced New Jersey Construction Accident Lawyer. Call Rosengard Law Group at 856.284.6446 today if you have been injured while working or visiting a construction site.
Construction sites are all covered by federal and state laws. Additionally, there may be several responsible parties when it comes to a construction accident. Because of these two factors, injury victims will need the services of an attorney that has the knowledge and work experience to manage a complicated construction accident case.
It is not uncommon for third-party liability claims to be part of a construction site accident claim. Your attorney must be capable of addressing third-party claims, so you can make the maximum recovery for your losses.
WE GET RESULTS. Rosengard Law Group understands the complex issues surrounding construction site accidents and has successfully helped injury victims with their compensation claims. We know the law, so you always receive the maximum settlement for your injury.
There Are Four Types of Construction Accident Claims
Construction sites are always active, and there are always employees and visitors to the site. The type of injury you received will depend on what type of construction site accident claim you will make.
If you were working at the site when you were injured, your injuries are automatically covered by workers’ compensation. This insurance policy will ensure that you receive the medical care that you need and a portion of your wages while you cannot work.
If you have been injured while working, you are encouraged to speak with a New Jersey construction accident attorney to secure the full range of benefits you are entitled to under New Jersey law for workers’ compensation claims.
Additionally, third-party liability actions are not uncommon with workers’ compensation claims. If you believe that your injury was a result of a third party, speak with us today. We will conduct a complete investigation of the accident to determine if a third-party action is necessary.
A product liability claim can be filed if any of the machinery, supplies, or products used on the construction site were defective and caused the injury. Employees or visitors can file product liability claims to the construction site. Product liability claims can also be filed in conjunction with other claims.
Personal injuries can happen in many ways. Personal injury claims on a construction site are generally reserved for people who are considered visitors to the site. Visitors may include vendors, reps, inspectors, and investors. Anyone who is not an active employee of the construction site qualifies as a visitor.
If an accident on a construction site leads to the death of the injured victim, surviving family members can file a wrongful death claim. These claims can be filed in conjunction with other types of claims, such as defective products.
The Most Common New Jersey Construction Site Injury Lawsuits
There are many ways that an accident can occur on a construction site. Negligent actions by the employer, property owner, and other employees can contribute to accidents.
The most common accidents on a construction site include:
- Falling from heights of over 6 feet. This includes harness accidents and scaffolding collapses.
- Slip and falls
- Impact from a falling object
- Being pinned beneath or between objects that fell
- Welding injuries including severe burns and injuries from compressed gases
- Chemical burns or burns from toxic vapors
- Burns from fires or explosions
- Crane, hoist, or rigging accidents
- Structural collapse
- Exposure to dangerous chemicals including silica and asbestos
- Machine failure or defective equipment
- Electrocution or electrical burns
- Car accidents
- Truck accidents
- Heavy machinery accidents
The Occupational Health and Safety Administration (OSHA) has many regulations that construction sites must follow to protect employees and other visitors to the site.
OSHA requires that all employers implement a safety program as part of their regular operations. This includes holding safety meetings and providing a way for employees to communicate potential risks to the management.
Additionally, OSHA requires that employers provide safety equipment for machinery, conduct regular inspections of the business/property/equipment, and obtain permits for handling special materials.
OSHA will conduct random visits to all construction sites to review their safety policies and inspect them. Regardless of all of these precautions, accidents still happen on construction sites regularly.
Construction sites are busy and often chaotic places to work. Accidents can happen, especially when negligent actions by employers or other employees enter the picture.
Scaffolding accidents are one of the most preventable accidents to occur on a construction site. Sadly, it is also not unusual for scaffolding collapses to occur.
Most scaffolding collapses occur due to poor construction, low-quality construction materials, or ignored safety measures.
The most common issues associated with scaffolding collapse include:
- Failure to follow instructions when building the scaffolding
- Failure to secure the scaffolding properly to the property
- Failure to install guardrails and other safety features
- Failure to conduct a safety inspection prior to use
- Failure to use the correct load-bearing planks
Scaffolding accidents are generally the contractor’s responsibility unless it can be shown that there was a design flaw in the scaffolding that made it collapse.
Working at heights, especially when these heights may be slanted like a roof, places employees at risk, and employers are required to make sure precautions are in place to protect these employees.
According to the Center for Disease Control (CDC), falling from more than six feet is the third leading cause of accidents in the construction industry. The report further states that over 100 roofers have died due to falls in New Jersey in the last year alone.
Roofers face two types of potential falling dangers. Roofers risk falling off of a roof while completing their job or falling through if the roof of the building is not completed, or the roof is unstable. Precautions must be in place to protect roofers from these two events.
If you or your loved one were injured in a roofing accident, the Rosengard Law Group NJ construction accident lawyers would investigate the scene to find out if:
- If the edges of the roof were clearly flagged or marked
- If the integrity of the roof had been checked before employees got on the roof
- If roofing employees were properly tied off or if safety equipment was available and used
- If conditions were safe to be working on the roof
- If all OSHA regulations being followed
We understand the necessity of thoroughly investigating roofing accidents. Insurance companies are quick to blame the injured party and state that the injury resulted from inexperience or clumsiness.
Falling at construction sites
Falls that happen on a construction site account for a majority of all accidents at these sites.
Falls also account for one-third of all construction site accident deaths. Falls can happen at any construction site and are not reserved to only falling from heights.
Falling at ground level can cause serious injuries, just like falling from heights. Tripping over a pile of debris, unprotected cables or wiring, or for any other reason can lead to injury. As experienced NJ construction accident attorneys, we have found that most falls are the result of mismanagement, poor decision-making by management, or shortcuts taken to save time or money by management.
NJ construction accident attorneys are very familiar with falls at a construction site and can help injury victims make a successful compensation claim. We will research the accident, including reviewing OSHA records to make sure we can prove the fault of the accident.
Injuries Caused By Electricity or Electrocution
Injuries caused by electricity are one of the top four causes of accidents at construction sites. Each year there are construction workers injured by being shocked or burned by electricity. Over 100 construction workers die each year from electrocution. What is even more astonishing is that most of these electricity-related accidents and injuries do not happen to people working with electricity as part of their job at the construction site.
It is not uncommon for electricity related accidents to happen when:
- Cranes come into contact with high-tension electric wires
- Excavators hit underground electric cables that were not clearly marked
- Employees come into contact with wires that were not marked as “live” wires
- Employees come into contact with unseen electric wires
- Electrical failures
Electrical accidents are often complex issues because there are often no witnesses to the event. Establishing fault can be difficult because electricians and the power company often fix the problem immediately, leaving little forensic evidence to be examined.
Injuries from electrical accidents are often life-changing. Victims can suffer neurological, muscular, and vascular damage. Burns to the skin can require extensive medical care, and internal burns can be very complicated. Victims may also experience loss of smell, taste, and hearing. Call us today for help in determining the best course of action.
When a structure collapses at a construction site an aggressive investigation must take place to determine the cause. As construction accident attorneys in NJ, we will investigate the following when a collapse occurs:
- Structure design to determine if there were any flaws
- Was the design compliant with all current building codes
- Has the structure been checked during each phase for violations to these building codes
- Construction of the foundation and materials used
- Was the structure secured and maintained correctly
- Was the property owner, site manager or any employee aware of any potential danger
- If hazards were documented, were appropriate actions taken to correct the hazard
- Were there any other issues that led to the collapse
Investigating the collapse of any structure will require the use of experts in the construction field. Our construction site injury attorneys work directly with experts in the construction industry to determine the cause of the collapse and assign fault to the appropriate party.
Who Can Be Held Liable For A Construction Accident?
Establishing liability in a construction site accident is a complex issue. We must review many different issues to determine fault and the responsible party for your injuries.
Workers’ compensation claims generally prevent the employee from suing the construction site owner unless it is shown that the injuries were caused intentionally or maliciously.
Injury victims, however, may be able to make a third-party claim against a responsible party if the facts of your case indicate their responsibility. Speak with one of our attorneys to determine if you have a third-party action.
Site owners may only have limited liability when it comes to accidents that occur on the property. We will review how much the property owner was involved in the construction process, how often they visited the site, and if they had any general knowledge of the construction operation. In many cases, site owners have little to do with the construction process.
General contractors and subcontractors
Under OSHA regulations, general contractors and subcontractors must maintain safe working conditions at a construction site. The contractor must have a safety protocol in place and must monitor working conditions at all times. Employees must be advised of hazards and hazardous conditions. Failure to follow these guidelines may lead to liability for any accident.
Engineers, Designers and Architects
On rare occasions, an engineer, designer, or architect may not comply with building codes, process designs with flaws, or use the wrong materials for the project. All of these issues could lead to building collapse or other accidents on a job site.
Manufacturers – supply chain
Defective products can harm anyone in any industry. If a defective product reaches a consumer and that consumer is injured, everyone from the manufacturer through the supply chain may be held liable for the injury. Anyone within the supply chain who knew of the product’s dangers but still allowed it to reach the consumer is negligent.
Speak with one of our construction accident attorneys to discover if you can make a third-party claim for a defective product that caused your construction site injury.
What steps should I take after a construction accident in New Jersey?
According to a recent report released by OSHA, over 50 percent of all construction site accidents result in catastrophic or life-changing injuries for the victim. This means that you could face large medical bills, may require life-long medical care, and you may not be able to return to work.
When you have been injured at a construction site, you are encouraged to take the following steps to protect your rights to claim compensation.
File an accident report
If your injuries are stable enough, file an accident report at the time that the accident occurred. If they are not, seek immediate medical care and then file a report as soon as you are stabilized. The accident report will play a crucial role in your claim for compensation.
Get medical care
A medical care provider must evaluate all injuries. If you were rushed to the emergency room, make sure that you follow up with any medical care provider they recommend.
Write down what you remember
Anything that you remember about the accident will be relevant to your case. Make sure you include anything you noticed right before or right after the event.
Refrain From Speaking With The Insurance Adjuster
An insurance adjuster will try to contact you as soon as possible after the accident, because they will want a statement from you about the event. It will always be in your best interest to decline to make this statement until you have spoken with one of our attorneys.
Insurance adjusters are looking for anything that they can use to deny your case. Anything you say may be used against you, so it will be better to speak with a construction accident attorney first.
Have someone photograph the scene
If possible, as a co-worker or family member to return to the accident scene and take photographs. While photographic evidence is not necessary, it can be beneficial to your case.
Avoid social media
Although social media has become a significant part of many people’s lives, you must refrain from using social media as much as possible after you are injured and have an open compensation claim.
If you must use social media, please consider the following:
- Do not provide detailed information about your accident or your injuries. If you must say anything, simply say you were injured at a construction site.
- Do not provide medical updates to your followers. Good or bad. The insurance company WILL monitor your social media accounts for anything that they can use to deny or decrease your claim.
- Do not accept any friend requests on social media unless you personally know the person outside the Internet. Insurance adjusters use this trick to become friendly with injury victims and pump them for information.
- Do not post anything that you have discussed with your attorney.
- Do not post pictures on social media, especially older or “throwback” pictures. The insurance company does not know when that picture was taken, and seeing you having a great time on vacation when you are supposed to be injured, although the picture is five years old, can harm your case.
- Ask your friends and family members not to discuss your injuries or case online with anyone.
Do not accuse your employer of being at fault or bad talk them on social media
Even if you believe 100 percent that your employer is at fault for your injuries, you should not post that feeling online – anywhere. This will make you look hostile, and insurance companies often feel that hostile employees are out for vengeance and not really injured.
Speak with a New Jersey construction accident lawyer today
CALL 856.284.6446 to speak with one of the NJ construction accident attorneys at the Rosengard Law Group. We are available 24/7 to answer your questions.
Our attorneys will review the facts of your case and provide you with the necessary information to start a compensation claim.
We are a contingency-based law firm. This means that there are NEVER any upfront legal fees.
Call for a FREE case consultation today. There is never any reason that you should have to face this complex legal issue alone.