Third-Party Claims Beyond Workers’ Compensation in Bergen County Construction Accidents

A common misconception among injured construction workers is that workers’ compensation is their only source of recovery. While workers’ comp provides essential benefits, New Jersey law allows you to pursue a third-party lawsuit against a negligent person or company—other than your direct employer—who caused your injury.

This separate legal action can provide the financial resources that workers’ compensation alone doesn’t cover. Pursuing a third-party lawsuit opens a critical pathway to a more complete financial recovery for you and your family.

Key Takeaways for a Third-Party Lawsuit in a Construction Accident

Workers’ compensation in New Jersey generally prevents you from suing your own employer for a workplace injury.
You may file a third-party lawsuit against another company or individual on the job site whose negligence contributed to the accident.
A third-party lawsuit allows you to seek compensation for damages not available through workers’ comp, such as pain and suffering.
Identifying the correct at-fault parties on a multi-employer worksite in Bergen County requires a detailed investigation.
Your lawyer can manage both the workers’ comp claim and the third-party lawsuit simultaneously.

Understanding the Limits of Workers’ Compensation

Workers’ compensation acts as a crucial safety net, providing benefits for medical treatment and a portion of lost wages without requiring you to prove that your employer was at fault for the injury.

The system offers a streamlined process for obtaining immediate support after an accident on a Hackensack construction site or anywhere else in Bergen County.

However, the workers’ compensation system has significant limitations, most notably that it doesn’t provide any compensation for pain, suffering, or loss of enjoyment of life.

The wage replacement benefits also typically cover only a percentage of your average earnings, which may not be enough to meet your family’s financial obligations. A third-party lawsuit addresses these gaps.

By filing a personal injury claim against a separate negligent party, you can seek compensation for the full impact of your injuries.

Identifying Liable Third Parties in a Bergen County Construction Accident

Construction sites, from large developments along Route 4 to smaller projects in Teaneck, are complex environments. Multiple contractors and companies work alongside each other, and any one of them may hold responsibility for an accident.

An investigation following an injury often reveals that a negligent outside party is at fault. Pursuing a third-party lawsuit starts with identifying these entities.

Common examples include:

General Contractors: The company overseeing the entire project has a duty to maintain a reasonably safe worksite for all workers, including subcontractors’ employees.
Subcontractors: Another subcontractor on the site holds liability when its employee creates a hazardous condition (e.g., leaving debris in a walkway or improperly assembling scaffolding).
Property Owners: The owner of the land or building faces liability for failing to address a known hazard or warn workers about unsafe conditions on the property.
Engineers and Architects: Design professionals bear responsibility when their plans contain flaws that result in a structural failure or other dangerous situation.

Pinpointing liability in a third-party lawsuit requires a thorough understanding of construction site operations and safety regulations. A lawyer investigates the contracts, safety records, and the actions of every company present at the time of your accident to build a strong case.

The Complexities of Multi-Employer Worksites in Bergen County

Construction sites in densely populated areas, such as Bergen County, are dynamic and often chaotic. You may see workers from a dozen or more different companies at a single location in Fort Lee or Englewood on any given day.

This multi-employer environment creates a complicated web of overlapping responsibilities, which can make it difficult to determine who is at fault after an accident. Successfully pursuing a third-party lawsuit in this context demands a swift and thorough investigation.

Evidence disappears, and witness memories fade. A legal team experienced with these complexities can untangle the relationships between the different parties to identify all potential defendants.

Unraveling the Web of Contracts and Duties

On a construction site, contracts define the roles and responsibilities of each party. The agreement between the property owner and the general contractor, as well as the subcontracts, outlines who was in charge of safety for different aspects of the project.

Your attorney will analyze these contracts to establish which company had the authority and duty to prevent the type of hazard that caused your injury.

For example, a contract might specify that the general contractor is responsible for all site-wide safety measures, while a subcontractor is responsible for safety related to its specific trade. This analysis clarifies the lines of accountability.

The Critical Role of Evidence Collection

On a construction site, conditions change rapidly. The scene of an accident can be cleaned up or altered within hours, destroying crucial proof of negligence.

Evidence needed to support your claim includes:

Photographs and Videos: Visual documentation captures the accident scene, your injuries, and any equipment involved.
Witness Statements: Accounts from coworkers, supervisors, and other individuals help establish what happened and what they knew about any unsafe conditions.
Company Records: Daily logs, safety meeting minutes, inspection reports, and employee training records can reveal a history of safety practices or violations.
Expert Reports: An analysis from engineers or construction safety experts identifies safety violations and explains how the accident occurred.

What Damages Can I Secure in a Third-Party Lawsuit?

While workers’ compensation covers a portion of your economic losses, a third-party lawsuit provides an opportunity to recover the full range of damages you have suffered. A successful claim can deliver a settlement or verdict that accounts for both the financial and non-financial toll of your injury.

The potential compensation from a third-party lawsuit includes:

Medical Expenses: A successful claim provides coverage for all past and future medical care related to the injury, including surgery, rehabilitation, and long-term assistance.
Full Lost Income: You can recover the difference between your workers’ compensation benefits and the total wages you have lost and will lose in the future due to your inability to work.
Pain and Suffering: The lawsuit seeks compensation for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries.
Loss of Enjoyment of Life: You can receive damages for the inability to participate in hobbies, activities, and life experiences you previously enjoyed.

The ability to claim these non-economic damages makes a third-party lawsuit a vital tool for injured construction workers in Bergen County. This type of legal action aims to make you whole in a way the workers’ compensation system cannot.

5 Steps To Take To Protect Your Rights After a Construction Accident

Taking specific steps after a construction accident in Bergen County protects your legal right to compensation. These actions help build a strong foundation for a potential third-party lawsuit.

Here’s how to protect your claim:

Follow All Medical Advice: Adhere strictly to your doctor’s treatment plan, and attend all follow-up appointments, physical therapy sessions, and specialist consultations. Your commitment to your recovery demonstrates the seriousness of your injuries.
Document Your Journey: Keep a simple journal that details your pain levels, physical limitations, and how the injuries impact your daily life. This personal record can become powerful evidence of your pain and suffering.
Preserve All Paperwork: Keep every medical bill, explanation of benefits, and pay stub in an organized file. This documentation helps your attorney accurately calculate the full financial impact of your accident.
Limit Communications: Avoid giving recorded statements to any insurance adjusters without first speaking to a lawyer. Do not post about your accident or your recovery on social media platforms, as insurance companies may try to use your words against you.
Contact a Construction Accident Lawyer: Maggiano, DiGirolamo & Lizzi, P.C. handles both workers’ compensation and personal injury claims. One of our attorneys can explain your options and start the investigation needed for a successful third-party lawsuit.

How a Lawyer Helps After a Construction Accident in Bergen County

Pursuing a third-party lawsuit while also managing a workers’ compensation claim creates significant legal complexity. Our lawyers understand the nuances of both systems, can protect your rights, and work to maximize your total financial recovery.

Investigating the Accident

Your attorney will launch an immediate and thorough investigation into your accident. This includes visiting the construction site, interviewing witnesses, reviewing all contracts and safety manuals, and consulting with construction safety experts.

This process uncovers the evidence needed to identify every negligent party responsible for your injuries, which is the foundation of a strong claim.

Managing Both Your Workers’ Comp and Personal Injury Claims

Maggiano, DiGirolamo & Lizzi, P.C. knows how these two types of cases interact, and we’ll handle all communications and deadlines for both your workers’ compensation claim and your third-party lawsuit.

Our integrated approach prevents mistakes that could jeopardize one claim while pursuing the other and ensures all actions are coordinated to achieve the best possible outcome for you.

Calculating Your Damages

Placing a value on your construction accident claim requires a detailed analysis of all your losses. Your lawyer first works to maximize the medical and wage benefits you receive through the workers’ compensation system.

From there, your Bergen County construction accident lawyer builds the case for your third-party lawsuit by calculating all the damages that workers’ comp completely excludes.

We partner with medical, economic, and vocational experts to project the full scope of your future losses, including medical expenses, lifetime earning capacity impact, and personal pain and suffering.

Pursuing Full Compensation

Your attorney presents a detailed damage valuation to the insurance companies for the at-fault parties to open settlement negotiations. A well-documented claim demonstrates the strength of your case from the start.

If the insurance companies refuse to agree to a just amount, your lawyer prepares to fight for your recovery in court. Filing a lawsuit and proceeding with litigation shows all defendants your commitment to securing the compensation you need.

FAQ for a Third-Party Lawsuit in a Construction Accident

What Is the Difference Between a Workers’ Comp Claim and a Third-Party Claim?

A workers’ compensation claim provides no-fault benefits through your employer’s insurance, covering medical bills and partial wage loss. A third-party claim is a separate personal injury lawsuit filed against a negligent person or company other than your employer.

This claim allows you to recover damages unavailable in workers’ comp, such as pain and suffering and full lost wages.

Can I Sue for a Construction Injury in Addition to My Workers’ Comp Claim?

If your injury was caused by the negligence of a third party, such as a general contractor, a different subcontractor, or the manufacturer of faulty equipment, you can file a third-party lawsuit in addition to receiving workers’ compensation benefits.

This is a common way for injured construction workers in Bergen County to obtain more complete compensation.

How Long Do I Have To File a Third-Party Lawsuit in New Jersey?

In New Jersey, the statute of limitations generally gives you two years from the date of your injury to file a personal injury lawsuit. This deadline is strict, and waiting too long to contact a lawyer can result in you losing your right to file a claim forever, no matter how strong your case might be.

Who Is Typically Responsible for a Construction Site Accident?

Responsibility for a construction accident in Bergen County can lie with many different parties, including general contractors who fail to maintain a safe worksite, subcontractors who create hazards, or architects or engineers who create faulty designs.

A complete investigation determines which parties share fault for a specific accident.

Why Do I Need a Lawyer With Experience in Both Workers’ Compensation and a Third-Party Lawsuit?

A lawyer with experience in both areas understands how the cases overlap and can develop a unified legal strategy that helps maximize your overall financial recovery. Our integrated approach offers several key advantages. It ensures that actions taken in one case don’t accidentally weaken the other.

Maggiano, DiGirolamo & Lizzi, P.C. can coordinate and share relevant evidence—such as witness testimony or expert evaluations—between the two claims to strengthen both.

A critical part of this dual experience involves managing the workers’ compensation lien. Your employer’s insurer generally has a right to reimbursement from your third-party lawsuit recovery, but we may be able to negotiate a reduction depending on the circumstances.

Successfully reducing the lien can substantially increase your share of the overall recovery.

Let Us Fight for Your Future

The path to financial stability after a devastating construction accident often involves more than just a workers’ compensation claim. Call Maggiano, DiGirolamo & Lizzi, P.C. at (201) 585-9111 today to discuss your recovery options and get the answers you need.