When you’ve been hurt on a construction site, your first course of action will often be to file a workers’ compensation claim. In many instances, that will be your “exclusive remedy,” which means that your only recourse to recover monetary damages for your losses is through the New Jersey workers’ compensation system.

There are, however, situations where you are not limited by the workers’ compensation laws, where you may file what is known as a “third party claim” in a civil court. Here’s how it works.

The workers’ compensation laws are in place to cover situations where there was negligence or carelessness by your employer or a fellow employee. If your injuries were caused entirely by wrongful acts by your employer or a co-worker, then you may only seek benefits through a workers’ compensation claim. However, if any unrelated party contributed to or caused your injuries, you may bring a legal action against that unrelated party in a court of law. Some examples of third party liability include:

• Injuries caused by the careless design or manufacture of tools or equipment on the jobsite
• Injuries caused in a motor vehicle accident involving a person who is not your employer or a co-employee
• Injuries caused by workers or vendors at an adjoining work site

There are circumstances, where the injury was caused in part by your employer or a co-employee and in part by a third party, where you can file a workers’ compensation claim simultaneously with a civil suit. However, you cannot recover twice for the same loss—if you recover for medical expenses in a workers’ compensation claim, you can’t recover for those same expenses in a court of law.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 / 856-600-HURT to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

The Fatal Four Accidents that Cause Most Construction Site Deaths

If you work in the construction industry, no one has to tell you it’s a dangerous occupation—in fact, the most deadly job in the country, according to the Occupational Safety and Health Administration. Statistics gathered by OSHA show that nearly 1,000 construction workers lost their lives in work-related accidents in 2015, and that about two of every three deaths were caused by four different types of accidents—what industry officials refer to as the “fatal four.”

Falls from Heights

Almost every construction job requires that you work at some elevation above the ground, whether it’s a single family home or a skyscraper. More than one of every three deaths in 2015 stemmed from a fall from a significant height. Statistics show a variety of causes, including:

• Failure to construct, maintain or assemble a scaffold
• Improper use of ladders, buckets, cranes or other equipment
• Lack of appropriate guard rails or barriers, or poorly constructed/maintained safety barriers

Electrocution

Nearly ten percent (8.6%) of those killed died when they came into contact with live electrical current, either in the form of loose wiring or by making contact with an overhead power line.

Falling Objects

Likewise, about ten percent of the deaths in 2015 resulted when construction workers were struck by falling objects, from building materials and tools to jobsite debris or heavy equipment. OSHA officials say most could have been avoided with the use of appropriate barriers.

Caught-Between Accidents

According to OSHA, 66 construction workers died in 2015 when they were crushed between heavy equipment, building materials and other construction site structures.

Contact Our Office Today

Don’t wait another day—evidence may be lost! Your first consultation is free of charge. Contact us by e-mail or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.