Any job that occurs on a construction site is fraught with potential dangers. The site itself is constantly abuzz with activity as many people work on different aspects of the project, many of which involve heavy machinery and tools, scaffolds, or electricity.
If you have sustained an injury or lost a loved one in a construction accident in Jersey City, New Jersey, you may be entitled to recover damages.
A Jersey City construction accident lawyer from Maggiano, DiGirolamo & Lizzi P.C. may be able to stand by your side to protect your rights and advise you on the best course of action to go after the compensation you may be entitled to.
Construction’s ‘Fatal Four’
According to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), about one out of every five private industry worker deaths in 2018 happened in construction. Of these deaths, 59 percent resulted from one of the “Fatal Four” causes:
- Falls: 34 percent.
- Struck by object: 11 percent.
- Electrocutions: 9 percent.
- Caught-in/between objects: 6 percent.
If someone you know died as a result of the injuries they suffered in a construction accident, you may be able to pursue a wrongful death case depending upon the circumstances of the incident.
Labor Laws and What You Need to Know
Why Construction Accidents Happen
The types of accidents that may result in injuries on a construction site go far beyond the “Fatal Four,” and the causes of those accidents may also vary widely.
Many components factor into the reason why construction sites are dangerous. The sheer volume of people, each of whom has a project to complete and a deadline to meet, heads the list of risk factors. If any of these parties find themselves in a time crunch, safety is often the first thing that may be compromised.
Common Causes of Construction Accidents
The “Fatal Four” injuries and other construction accident injuries may result from several risk factors, including:
- Defective equipment
- Poor training
- Negligent operation of vehicles on the site
- Incorrect use of machinery
- Inadequate security measures (fall protection, fencing, etc.)
The cause of your accident may identify the person or party that can potentially be held liable for your damages.
Verdicts and Settlements
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.
Settlement was obtained for a 34 year old schoolteacher who claimed work related injury to her neck, back, shoulders, knees and head suffered during two separate work related accidents.
To a 35 year old iron worker who fell from a steel frame building under construction due to the failure of the general contractor to provide a safe workplace which included supervision for the use of safety equipment and guide wires.
How New Jersey’s Workers’ Compensation Laws Can Help You
Workers’ compensation in New Jersey can be filed for a claim regardless of who is at fault for the accident that led to your injury. This means that even if, for example, your own negligence caused you to fall off a ladder, you can still file a claim to try and get financial help with your medical expenses and lost wages.
However, workers’ compensation does not cover pain and suffering and other non-economic damages from your injury, as you may be able to recover from a personal injury lawsuit.
A Jersey City construction accident lawyer from Maggiano, DiGirolamo & Lizzi P.C. can help guide you through a workers’ compensation claim should you decide to pursue compensation via this means. Call our team today at (201) 585-9111 for a free case evaluation.
How a Third-Party Liability Claim Can Help You
The reality of construction accidents is that they often involve entities other than the victim’s employer, which means they also may be able to cover damages.
Examples of Third-Party Liability Claims
If you fell off a ladder at a construction site, for example, perhaps the project’s safety consultant did not properly train you on safety protocols or proper footwear when working on a ladder. In cases like these, you might be eligible to file a third-party liability claim.
If a wall constructed by another subcontractor collapses on you, you might have a case against the subcontractor. If a dangerous piece of equipment malfunctions and does not feature a shutoff valve, the equipment manufacturer might be responsible. If a materials supply truck ran over you as it was leaving the construction site, you may be able to hold the materials supply company liable for your injuries.
Types of Parties You May Be Able to Hold Liable
Possible negligent parties in a construction accident may include:
- Building or property owners
- Construction superintendents
- Equipment manufacturers
- Vendors on the site
The task of proving that a third party’s negligence caused your injury may be complicated. A construction accident lawyer knows the various roles at play on a construction site. Based on your accident and injury, they may know where to start searching for evidence that can enable you to claim a third party is liable for your damages.
Recoverable Damages in a Construction Accident
The damages that may be recovered from a construction accident are as varied as the type of construction accidents themselves. A lawyer will need to know the details of your accident before they may be able to estimate the value of your case.
Types of Damages You Might Recover
Examples of the types of damages previous victims have been able to recover in construction accident cases include:
- Medical expenses
- Lost wages and benefits
- Diminished future potential earnings
- Pain and suffering
- Loss of consortium
- Wrongful death
A lawyer from Maggiano, DiGirolamo & Lizzi P.C. may be able to review medical bills and employer wage statements to determine the extent of your losses. They can also potentially confer with experts in the fields of medicine, occupational therapy, psychology, and economics to calculate how your injuries may affect you later in life.
New Jersey Statute of Limitations
Time is another factor that affects your case. New Jersey enforces a statute of limitations that requires personal injury victims to take legal action within two years of their construction accidents. A Jersey City construction accident lawyer can work to help ensure this and other case-related deadlines and procedures are met.
Talk to a Jersey City Construction Accident Lawyer
Our firm may be able to help you get the compensation you may be entitled to after your construction accident injury. We have worked on this type of personal injury case before, and we understand how to navigate OSHA investigation results and other evidence that can help build a compelling case.
Call Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 for a free consultation with a team member.