Construction work is physically exhausting, and workers often work under risky conditions. When employers ignore proper precautions, workers might be injured in accidents.
Construction sites are often hectic, with numerous workers performing various jobs simultaneously. Depending on the nature of the construction job, there might be several possible causes of accidents and injuries. Falls, crushing accidents, faulty tools, and burns or shocks are all fairly common. You can sue your employer for damages after an accident, but there might be some legal restrictions to work around. Workers’ Compensation, if available, is the exclusive legal remedy, and a lawsuit against your employer might not be possible unless certain conditions are present. If you sue, you may recover damages for economic and non-economic losses and injuries.
Construction workers might perform inherently risky jobs, but employers should refrain from making the risks any greater. Our Jersey City construction accident and injury lawyers can help you file a lawsuit for damages. For a free case review, call Legal Care New Jersey at (732) 838-9769.
Possible Causes of Construction Accidents and Injuries in Jersey City
Construction sites are inherently dangerous places to work. As such, workers and employers must take precautions to make the workplace safe. If an employer fails to take safety precautions or creates an unsafe work environment, they might be liable for accidents and injuries. Our Jersey City construction accident and injury lawyers can help you get compensation for your damages.
Falls are perhaps some of the most common accidents on construction sites. Workers often work from great heights on construction sights. Tall ladders and high scaffolding are common, and workers on top of these structures might fall if the ladder or scaffolding is faulty or damaged. You could also fall while working from a rooftop or high window.
Crushing accidents, often called “caught-betweens,” occur when a construction worker is caught between heavy objects. For example, if a forklift or bulldozer operator backs up without checking behind them, they might pin another construction worker to a wall or against something heavy. These injuries can be severe, even fatal.
Another common cause of accidents and injuries on construction sites is faulty tools or machinery. Construction workers rely heavily on their tools and machinery to do the job. Forklifts, bulldozers, circular saws, nail guns, and other tools are likely present. If these tools are damaged or defective when you get them, they might malfunction and cause serious injury.
Shocks and burns are known to happen when construction workers handle electrical wiring or hot materials. For example, a worker might be badly shocked if they work with electrical wiring and someone negligently switches on the power. Someone might instead be severely burned by hot asphalt while laying the driveway for a new house.
How to Sue for Damages After a Jersey City Construction Accident
After being injured in a construction accident, our Jersey City construction accident and injury attorneys can help you get started on a lawsuit. However, some legal restrictions might prevent you from filing the case. According to N.J.S.A § 34:15-8, Workers’ Compensation is the exclusive remedy for injured employees if they are covered. This means lawsuits against employers are generally barred. However, there are some ways around this restriction that could help you get the damages you deserve.
Intentional Torts
To overcome this legal hurdle and file a lawsuit against your employer, there must be certain circumstances present in your case. First, you can file a lawsuit if your employer intentionally caused you harm. Worker’s compensation covers accidents and negligence only, not intentional torts. New Jersey also has rules for “intentional wrongs,” which could potentially expand beyond things like assault and battery to include certain acts of recklessness and gross negligence.
Employees or Independent Contractors
You may also file a lawsuit if you are not considered an employee under the law. Independent contractors are often not covered by Worker’s Compensation because they are legally not considered employees. Traditionally, courts have used the “control test” to determine whether someone is an employee. The control test would have us assess whether you had control over when and how you worked, like an independent contractor rather than an employee. The more modern “relative nature of the work test” examines the economic dependency of the worker upon the employer and how their work relates to the employer’s overall business.
Third Parties
You can file a lawsuit without legal hurdles if a third party is to blame. Workers’ Compensation laws only apply to employer-employee relationships. If someone other than your employer or a coworker caused the accident, you can sue them.
A possible example of suing a third party for a construction accident is product liability. If your accident occurred because of damaged or defective equipment, tools, or machinery, you can sue the manufacturer of the defective goods. To do so, you must show that you were using the items for their intended purpose and in a reasonably safe manner.
Potential Damages You Can Recover for a Construction Accident and Injuries in Jersey City
When filing a lawsuit for a construction accident, you may claim damages related to economic losses and non-economic injuries. In severe cases, damages may be extensive, and our Jersey City construction accident and injury lawyers can help you identify and evaluate all your losses and injuries.
Economic damages are connected to monetary losses and expenses from the accident. Medical bills are one of the most significant forms of economic damages, as medical treatment may be very expensive, especially for people without health insurance. Even if you have health insurance, you can claim the costs of high deductibles as part of your economic damages. Additionally, you might be unable to return to work following an accident, and the income you lose may be added to your economic damages.
Non-economic damages are less concrete and far more subjective. As such, they can be difficult to evaluate. Mental and physical pain and suffering from the accident are prime examples of non-economic damages. In cases with severe injuries, pain and suffering may be great, and damages may be quite high. You can also claim humiliation and damage to your reputation as part of your non-economic damages.
Call Our Jersey City Construction Accident and Injury Lawyers for Help Now
Accidents on construction sites are known to be severe, and workers may be unable to return to work for a long time. Our Jersey City construction accident and injury lawyers can help you sue the person responsible and get compensation. For a free case review, call Legal Care New Jersey at (732) 838-9769.
