The construction industry is a vital component for growth in Fair Lawn and across New Jersey. Unfortunately, the workers that power this industry face some of the most dangerous conditions of any occupation. Falling objects, moving vehicles, and electrocution hazards are risks that face construction workers every day.
If you suffered an injury at a construction site, you could have a number of legal options available to you. In addition to a possible workers’ compensation claim, you may also seek a personal injury lawsuit following certain construction accidents. Do not leave your recovery to chance. A Fair Lawn construction accident lawyer from Maggiano, DiGirolamo & Lizzi P.C. may be able to assist you following an injury at work.
Construction Site Injury Hazards
There are countless possibilities for work-related accidents at a construction site. However, the Occupational Safety & Health Administration (OSHA) recognizes four specific types of accidents that make up the bulk of construction injuries. These are known as the “Fatal Four.”
The Fatal Four include:
Falls
According to OSHA, nearly 34 percent of construction deaths involve a fall. Typically, these falls occur at a dangerous height. Examples could involve a fall from scaffolding, off of a roof, or down an elevator shaft.
Struck by Object
Workers struck by moving or falling objects also make up a major percentage of construction accident fatalities. More than 11 percent of all deaths result from a worker being struck by an object. There are many ways these accidents could occur. Falling objects qualify, as does the impact from a moving vehicle or piece of machinery.
Electrocution
Live wiring is a common and dangerous hazard on a construction site. For that reason, it is imperative that these sites incorporate safeguards that protect against electrocution. More than 8 percent of all workplace fatalities involve electrocution.
Caught-in/Between
These accidents involve crushing injuries where a worker is caught in a piece of machinery or between two objects. Roughly 5.5 percent of all fatalities involve these accidents.
It is worth noting that while these four accidents make up the bulk of workplace fatalities, there are countless other situations that could result in the severe injury of a construction worker. If you have suffered injuries at a construction site, a Fair Lawn construction accident lawyer from Maggiano, DiGirolamo & Lizzi P.C. is here to help.
Contact a team member at (201) 585-9111 right away to get started.
Labor Laws and What You Need to Know
Personal Injury Claims and Workers’ Compensation Claims
Following a construction accident, you could have two different avenues to recover monetary compensation. Most construction accidents are covered by the state workers’ compensation system. However, there are many exceptions where a personal injury claim or lawsuit could be possible following a construction accident.
The workers’ compensation system is essentially “no-fault” insurance paid for by employers. An injured construction worker hurt on the job can seek benefits through this system for their medical expenses following an injury, lost wages, and more. The tradeoff is that these workers may not pursue a lawsuit against their employer as well.
Verdicts and Settlements
$425,000 - Labor Law
Settlement under the New York Labor Law for a fall from a ladder by worker who suffered severe back injury.
$300,000 - Fall From Elevated Planking
Settlement in the case of a 62 year old electrician’s helper who died after falling from loose planking at a height of 22 feet in a boiler room at an apartment complex.
$101,000,000 - Construction Accident
To 20 injured workers and the families of four workers who were killed in the collapse of a parking garage at the Tropicana Casino Resort in 2003. The case involved multiple defendants, including Tropicana and a number of construction contractors. The parking garage collapsed while it was under construction because rebar was not properly installed, leaving the floors disconnected from the walls. As part of the trial…
While workers’ compensation benefits can provide for medical care and cover for lost wages, they can come up short compared to the compensation available through a personal injury claim or lawsuit.
Despite the limitations on filing a personal injury lawsuit against an employer, the unique nature of construction work does allow for a number of personal injury claims or lawsuits. Remember, the workers’ compensation system prevents employees from suing their employer. This protection does not extend to third parties.
Third parties are commonly involved in construction sites. From independent contractors to delivery truck drivers, they routinely cause serious construction accident injuries. Unlike an employer, it is possible to hold these third parties accountable for their negligence through a personal injury claim or lawsuit.
Another potential third party involves the seller or manufacturer of construction equipment. In some cases, dangerous accidents can occur through no fault of the employees at the construction site. If a defective product causes a construction injury, it could lead to a viable injury claim or lawsuit.
How Construction Accidents Happen
Many construction accidents occur due to simple human error. From carelessly operating machinery to falling from a scaffolding, many construction workers are responsible for their own injuries. However, the workplace conditions at a construction site often play a role as well.
When it comes to fall injuries, the equipment provided by the employer can play a part in the accident. Falls are more common along faulty scaffolding or walkways without handrails, for example. Unsecured ladders or the lack of other forms of fall protection could also cause an accident.
Often, inadequate training is to blame for workplace accidents. Construction equipment is deadly in untrained hands, and the failure to ensure workers understand how to perform their tasks safely falls on the employer.
Sometimes, equipment malfunctions can cause construction accidents. In cases of defective equipment, you could have the right to pursue a lawsuit against the manufacturer. Some equipment becomes dangerous due to the failure to keep it in safe working order. If machinery is not properly maintained or calibrated, it can become dangerous even when used as intended. The end result of using dangerous equipment could be devastating.
You Could Be Entitled to Seek Compensation After a Construction Accident
If you are living with the consequences of a construction accident injury, you may be able to pursue compensation. An attorney can evaluate your case and advise you of your options.
Keep in mind that you have a limited amount of time to file a personal injury claim in New Jersey. According to New Jersey Revised Statutes §2a:14-2, you have up to two years to do so.
A Fair Lawn construction accident lawyer from Maggiano, DiGirolamo & Lizzi P.C. can guide you following a serious construction accident. We understand how an injury can impact your career, your life, and your livelihood. Call (201) 585-9111 to speak with a team member about your case right away.
