Construction sites have many dangers that can lead to serious injuries. While you might initially expect that these dangers are just part of the job, that is not how the law views it. If you were injured on a job site while working construction, you could actually be entitled to substantial financial compensation for what happened.
In many cases, lawsuits are restricted against your direct employer, but the law still allows lawsuits against other at-fault parties. These suits can help you get compensation for medical bills, lost wages, pain and suffering, and other damages.
For help, call our construction accident injury lawyers at Legal Care New Jersey today at (732) 838-9769.
When Can You Sue for Construction Injuries in New Brunswick?
Lawsuits for injuries at work are complex. Workers’ Compensation law is broad and requires coverage for many construction workers, even some contractors. Anyone covered by one of these insurance policies usually cannot sue their employer for injuries, which can limit your options after a lawsuit. However, our construction accident injury lawyers can help you find ways around these laws that can still permit you to sue a different party and even sue your boss in some situations.
Who is an “Independent Contractor” for Construction Accidents?
True independent contractors are not covered by insurance and are free to sue anyone who injured them as long as their contract does not block it. However, many people whose job title is “contractor” are legally considered “employees” when it comes to handling work injury cases.
NJ law creates some tests that look at how the worker is employed (under their own name or a business name), how they are paid (with a 1099 or W-2), how much control they have over their own work, and whether they are subject to a contract. Ultimately, if there is insurance to cover you and you qualify as an employee, then a lawsuit might be blocked.
Insurance vs. Lawsuits
When you file an insurance claim with your boss’ Workers’ Compensation insurance, you can get coverage for any work-related injury without needing to prove that anyone was at fault. These insurance claims usually do not cover intentional injuries and will not cover situations where you injure yourself on purpose or because you were drunk at work. However, they do cover accidents where no one was at fault or where you were at fault. The trade-off is that they have reduced damages, covering only some of your lost wages and none of your pain and suffering.
In a lawsuit, you have to prove who was at fault – which could be difficult in some cases. However, these claims can result in full damages for any and all economic and non-economic harms you suffered, including damages for mental anguish, emotional distress, and physical pain. This could result in much better compensation, but usually not from your employer. Employers cannot be sued if you are a covered worker, meaning that you usually need to sue some third party.
Parties to Sue for Construction Injuries
Many construction injuries are caused by other contractors, defective safety gear, malfunctioning power tools, auto crashes into roadside work crews, dangers caused by the property owner, and other accidents caused by third parties. If any of these parties are responsible for your injuries, our lawyers can help you sue them for your injuries.
Ways to Sue Employers Anyway
In some cases, you can actually sue your employer anyway. Any “intentional wrongs” committed by your employer are specifically carved out from the restriction on lawsuits. This means that you can sue your employer if what they did was intentional or meets certain requirements of recklessness where your employer ignored a known risk.
As mentioned, you can also sue your boss if you were a properly classified contractor and their insurance does not cover you. Additionally, if they did not have the required insurance, you can sue them instead.
Damages for Injured Construction Workers in New Brunswick, NJ
When you get hurt on a construction site, you need immediate medical care, followed by additional appointments with doctors and specialists. You also potentially need months or even years of time away from work to recover. These needs all result in expenses, lost wages, and other costs that pile up. Our lawyers can help you seek financial compensation for all of these expenses and lost earnings under the category of “economic damages.”
You can also claim damages for “non-economic” damages, such as the emotional distress, physical pain, and mental suffering of an injury. As discussed above, these damages are not typically available through insurance, making it vital to talk to a lawyer about suing for these damages.
In many cases, the non-economic damages you claim will be calculated using the economic damages in your case as a starting point. This means that non-economic damages could potentially be more than 50% of your total damages, and you would be losing out on a lot of money by going through insurance alone. Our lawyers can help you maximize your damages in your case by determining the right path to filing a lawsuit.
Damages for Non-Workers Injured from Construction Accidents in New Brunswick
If you were hurt walking by or through a construction site that was open to the public, our lawyers can help you sue for your injuries as well. None of the restrictions on lawsuits apply to you if you are not a construction worker, so passers-by and innocent bystanders can usually sue the firm in charge of the construction project for their injuries.
Contact Our Construction Injury Lawyers for Help
For a free case assessment, call the construction accident injury lawyers at Legal Care New Jersey at (732) 838-9769.
