The most dangerous jobs in America are not the ones you may only see on a television program but are visible every day in large cities and small towns. Construction work, according to the U.S. Bureau of Labor Statistics, has the highest number of fatalities and work-related injuries than any other industry.

Construction work has always been hazardous. This should not be surprising since most work is performed outdoors and there are numerous opportunities for even the slightest human and mechanical error to result in a catastrophic accident. It is no different in New Jersey where construction has been a major industry for decades.

Personal Injuries on construction sites are as varied as the cause of these accidents. Burns, electric shock, paralysis, lung damage, traumatic brain injuries, broken limbs and disfigurement are almost expected if you work long enough in this hazardous trade.

What are the Causes of Construction Accidents?

There are a variety of factors that can cause a construction accident:

1. Falling objects-Tools and building supplies that are dropped from heights onto workers below
2. Slippery surfaces
3. Electrocution-Exposure to exposed power lines or wiring
4. Failure to wear protective clothing such as masks, helmets, gloves and safety belts
5. Exposure to chemicals
6. Equipment malfunctions
7. Cave-ins or trench collapse
8. Failure to inspect potential hazards. Explosions can occur from contact with leaking or defective gas lines
9. Defective scaffolding and ladders
10. Inadequate safety programs and policies
11. Inadequate supervision

The carelessness of other co-workers or workers from other industries on the site can easily lead to accidents affecting the most safety conscious workers.

Proof of Liability

Work-related injuries are covered under New Jersey workers’ compensation laws. All you have to show is that you were on the job or acting within the course and scope of your employment when you sustained your injury. There is no need to prove fault. Workers’ compensation benefits are determined by state statute and include lost wages, medical expenses, therapy costs and compensation for any permanent disability. You are not entitled to compensation for pain and suffering in a workers’ compensation case.

But if your injury was caused by a third party, then you may bring a third party civil suit against them to collect additional compensation including pain and suffering. In these cases, you have to prove that a party other than your employer acted carelessly or negligently and that his or her conduct led to the accident.

Negligence is proved by showing that a particular party owed a duty to care to you and breached that duty by failing to exercise reasonable care. You must also prove that your injuries were caused by the accident.

Who are the Responsible Parties?

There are various other parties in construction accidents who may be classed as being responsible for your injury:

1. Design engineers who have to ensure safe working conditions on the work site
2. Machine or equipment designers whose defective design led to your injury
3. Manufacturers of equipment and machinery. They must provide safety guards or warnings and not manufacture a product with a manufacturing defect, which poses an unreasonable risk of harm
4. General contractors and subcontractors who fail to provide a safe working environment or to properly supervise and safely train their employees. They must adhere to the Occupational Safety and Health Act of 1970 (OSHA) laws and the standards established in your particular trade
5. Careless employees of other trades who may be intoxicated or distracted

Construction accidents are often complicated cases with multiple parties involved and complex issues of liability and damages. Experts in engineering, design, any of the building trades, finance and medical care are often employed by attorneys experienced in these cases who must have the resources to litigate against well-financed defendants.

Further Information

We hope you have found this guide to Construction Accident Law in New Jersey informative however if you need to speak to experienced Construction Accident Lawyers regarding an accident at work, workers compensation or any other matter regarding a personal injury at work or New Jersey legislation, then please do not hesitate to Contact Sammarro & Zalarick or call our office at 1-973-478-1026 for a free initial consultation and case evaluation.