Construction workers are employed in one of the most dangerous fields in America. When injuries happen at your worksite, you have a right to medical care and compensation. Unfortunately, employers and insurance companies may try to deny your benefits. If the accident is deemed not work-related and therefore not covered by workers’ compensation, you may find yourself overwhelmed with medical bills.
A Garfield construction accident lawyer at Maggiano, DiGirolamo & Lizzi P.C. can fight for you in both workers’ compensation and personal injury cases related to construction accidents. Call our office today to speak with a team member at (201) 585-9111. Your case review is free.
Know Your Rights
Receiving compensation for workplace injuries should, in theory, be straightforward through workers’ compensation. Workers’ compensation typically functions like no-fault insurance, which means if you were injured on the job, you are entitled to seek certain benefits regardless of whether someone else’s negligence caused your injuries.
According to the New Jersey Department of Labor and Workforce Development, these benefits include:
- Medical benefits
- Temporary disability benefits
- Permanent partial benefits
- Permanent total benefits
Medical benefits cover costs like visits to an approved doctor, prescription medication, and rehabilitative therapy. If you were temporarily disabled by your accident and are unable to work, you could receive 70% of your average weekly income under temporary total disability benefits.
In the case of permanent disability, you can receive partial or total benefits. The difference between partial and total depends on the severity of the injury. You can receive 70% of your average weekly wage from when you were working.
Where Construction Injury Claims Get Complicated
Some companies will try to downplay, minimize, or deny your injuries. You may experience pushback like:
- Your injury is not work-related
- Your injury is not as severe as you claim
- The medical care you sought was unnecessary
- You are not entitled to certain wages
Rejection and refusal during the benefits process can be challenging to face on your own. In this situation, you can consult a Garfield construction accident lawyer. You have a right to seek legal help after an accident, especially regarding a dispute over benefits.
For a free legal consultation with a construction accidents lawyer serving Garfield, call (201) 585-9111
When You Can Pursue a Personal Injury Lawsuit
While workers’ compensation is designed to allow construction accident victims to receive the help they need, there are some circumstances in which you may need to file a personal injury lawsuit instead. For instance, a lawsuit may be appropriate if the accident was caused by third-party negligence. Liability in such cases may involve a manufacturer of faulty equipment or a contractor who failed to maintain safe conditions on the premises.
A personal injury suit can help defray medical costs as well as replace lost income, similar to a workers’ compensation case. However, there are some distinctions between the two. With a personal injury suit, you could also seek compensation for future medical expenses, among other forms of additional compensation.
You Must Prove Negligence
Contrary to the no-fault setup of workers’ compensation, in a personal injury claim, you must demonstrate that the responsible party’s carelessness caused your injuries. Forms of negligence could include:
- Loose railings
- Unsecured equipment
- Faulty machinery
- Unmarked hazards
- Lack of safety precautions
These may be the fault of an employer who cut corners, an independent contractor that performed shoddy work, or even a product manufacturer who made an error. Your injury attorney can identify the liable party and gather evidence of their wrongdoing.
Contact a team member at Maggiano, DiGirolamo & Lizzi P.C. to learn how we can help you prove negligence. Call to speak with a team member for your free case review at (201) 585-9111.
New Jersey Statute of Limitations
Personal injury lawsuits are subject to a statute of limitations. This means you only have a limited amount of time to file your claim. In New Jersey, that time frame is typically two years from the date of the accident, according to New Jersey Revised Statutes §2A:14-2a. In the event of wrongful death, the two years are dated from the time of death, according to New Jersey Revised Statutes §2A:31-3. Ask your personal injury lawyer to verify how the statute of limitations applies to your case.
Garfield Construction Accident Lawyer Near Me (201) 585-9111
The Fatal Four Construction Accidents
Knowing what accidents are common in construction can help you understand the situations in which you may be entitled to compensation. The Occupational Safety and Health Administration (OSHA) highlights four specific types of accidents as the most dangerous to construction workers. These include:
- Struck by object
- Caught in or between something
If you were injured on the job, it is likely that you experienced one of these accidents. Any of them could be grounds for a workers’ compensation or personal injury claim.
Injuries from falls could include broken bones, back and spine injuries, and head and neck injuries. Falls can occur due to:
- Uneven flooring
- Loose or missing railings
- Unsteady ladders
- Faulty scaffolding
Construction sites should provide certain precautions to prevent falls, including having sufficient railings, secure scaffolding, and safe walking surfaces. Failure to do so leaves certain third parties, such as contractors, open to liability.
Struck by Object
On construction sites, workers are frequently surrounded by objects in motion. When a machinery error or human error occurs, workers are at risk of being struck by cranes, falling bricks, or shifting debris. Broken bones, head wounds, dental injuries, and back injuries can all result. Any oversight can be grounds for your case.
Electrocution and Other Ailments
Workers’ compensation cases or personal injury claims are not limited to fractures and sprains. Complex equipment can cause electrocution, burns, or fume inhalation when not monitored or used properly. Do not neglect to report these incidents or illnesses, as they could entitle you to seek compensation.
Caught, Compressed, or Crushed
Crushing accidents or being caught in equipment can lead to severe injuries, including lost limbs and death. These injuries can affect your ability to work in the future. Your workers’ compensation or personal injury claim can provide help for medical costs and lost wages, now and in the future.
You Can Seek Compensation for Your Injuries
By reporting your construction injury, not only are you taking steps to receive the care you need, but you are also holding employers, contractors, and fellow workers accountable for failing to keep worksites safe. A Garfield construction accident lawyer from Maggiano, DiGirolamo & Lizzi P.C. can work alongside you toward this goal. Call a team member to learn more at (201) 585-9111.