NJ construction accident third-party liability—what it means, who you can sue beyond workers’ comp, and how to protect your rights after a New Jersey jobsite injury.
If you were hurt on a New Jersey jobsite, you probably heard “workers’ comp is your only remedy.” That’s not the full story. While you generally can’t sue your employer for negligence, you may have a third-party claim against others whose carelessness or defective products caused your injury—such as a general contractor, property owner, subcontractor, architect/engineer, equipment manufacturer, site safety vendor, traffic-control contractor, or a public entity on public works. Third-party claims can unlock full damages (pain and suffering, full wage loss, etc.) that workers’ comp doesn’t provide, and they often run alongside your workers’ comp case (with reimbursement rules that we’ll explain below).
As a New Jersey personal injury firm, Sammarro & Zalarick helps injured workers and families understand when and how third-party liability applies—so you can preserve evidence, meet strict deadlines, and position your case for a strong recovery.
Quick primer: third-party claims vs. workers’ comp
Workers’ compensation in New Jersey is typically your exclusive remedy against your employer, but it does not shield other negligent parties. When a third party is legally responsible, you can bring a negligence or products-liability lawsuit against them in addition to collecting comp benefits. If you recover from a third party, New Jersey’s Section 40 gives the comp carrier a lien/reimbursement right (with deductions for your attorney’s fee and a share of costs). This coordination matters for your net recovery.
New Jersey also follows modified comparative negligence: if you’re 51% or more at fault, you can’t recover; if you’re 50% or less, your damages are reduced by your share of fault. That allocation can involve multiple defendants—GCs, owners, subcontractors, manufacturers, and others.
Deadlines: Most personal-injury claims must be filed within two years of the accident, and public-entity claims require a Tort Claims Act notice within 90 days (filed through the State’s digital portal). There’s also a 10-year statute of repose for claims arising from the design/construction of improvements to real property. We cover each below.
Who can you sue? The usual third-party suspects
Property owners & general contractors
New Jersey courts recognize a non-delegable duty on owners/GCs to maintain a reasonably safe worksite for workers and subcontractor employees. They can be liable under ordinary negligence standards—this duty is not limited to OSHA compliance, and an OSHA violation is evidence, not automatic negligence (and OSHA compliance doesn’t automatically defeat liability).
Two leading cases shape this duty on construction sites:
- Kane v. Hartz Mountain Industries (1996): confirms owners/GCs have a non-delegable duty to keep worksites reasonably safe; OSHA violations do not equal negligence per se.
- Alloway v. Bradlees (1999): a GC’s duty encompasses conditions and equipment used at the site; OSHA standards inform the duty but do not create an independent cause of action.
Architects & engineers
Even when a design professional’s contract says “not responsible for safety,” New Jersey’s Supreme Court held that a site engineer may owe workers a duty of reasonable care when aware of dangerous conditions, particularly with ongoing site oversight.
Equipment & product manufacturers/sellers
If a tool, machine, scaffold, or safety device is defectively designed, manufactured, or lacks adequate warnings, you may proceed under the New Jersey Product Liability Act (NJPLA), seeking full tort damages from the manufacturer or seller. The Act defines defects (manufacturing, design, warnings) and the basic standard (“not reasonably fit, suitable or safe”).
Subcontractors & specialty vendors
A negligent subcontractor, site safety company, traffic control contractor, or maintenance vendor can be directly liable if their work created or failed to correct a hazard that injured someone from another trade. Allocation of fault accounts for these roles under New Jersey’s comparative negligence framework.
Public entities on public works
If your injury stems from a state, county, or municipal project (or a defective public roadway/sidewalk around the site), claims against public entities invoke the New Jersey Tort Claims Act: you must serve a Notice of Claim within 90 days and (since July 11, 2024) file it electronically through the Treasury’s digital portal before any suit, with additional rules on timing and immunities.
NJ construction accident third-party liability (how we prove it)
1) Building the duty and breach case
We establish who controlled the work, who knew or should have known about hazards, and what industry/OSHA standards applied. New Jersey uses OSHA as evidence of the standard of care, not as automatic fault; juries hear that compliance is informative, but not decisive either way. We pair standards with witness testimony, site photos, toolbox talks, safety logs, and subcontract agreements to prove negligence.
2) Dealing with “you should have refused to work”
Defendants sometimes argue the injured worker acted unreasonably despite a known hazard. In Fernandes v. DAR Development (2015), the Supreme Court clarified that comparative negligence can go to the jury only if there’s evidence the worker unreasonably confronted a known risk. The Court also reaffirmed the GC’s non-delegable duty to maintain a safe workplace and that OSHA noncompliance may be considered as evidence—not negligence per se.
3) Products cases (tools, lifts, machines)
Under the NJPLA, we prove the product was defective (design, manufacture, or warnings). Think unguarded saws, defective ladders/lifts, malfunctioning PPE, or inadequate warnings. The Act’s definitions and defenses are unique; we pursue design experts and standards (ANSI, OSHA, ASME) to show safer feasible alternatives and causation.
Time limits that can make or break your case
- Two-year statute of limitations for most personal injuries in New Jersey (with tolling in limited circumstances, e.g., minors). Don’t wait.
- Tort Claims Act notice: 90 days from the accident to serve notice on a public entity (filed via the NJ Treasury digital portal), with a six-month wait before suit and limited late-notice relief.
- Ten-year statute of repose for design/construction claims tied to improvements to real property—a hard stop measured from substantial completion of the work (not from your injury). This can impact claims against architects, engineers, and contractors.
Money matters: how third-party recovery interacts with workers’ comp
When a third-party case produces a settlement or verdict, Section 40 requires you to reimburse the comp insurer for benefits it paid (medical/wage), minus your attorney’s fee and a portion of litigation costs. Getting this accounting right can materially increase your net recovery. We negotiate lien reductions and ensure your comp and civil cases stay in sync.
Common third-party scenarios (in plain English)
Trench collapse on a residential site. A GC pushes production without a trench box; the trench caves. Evidence of OSHA trenching rules supports the standard of care; the GC’s non-delegable duty and site control are key, and comparative negligence only goes to the jury if there’s proof the worker knowingly took an unreasonable risk.
Fall from a scaffold or lift. A subcontractor assembled a scaffold improperly; the GC failed to enforce tie-off/guardrail rules; the lift’s emergency stop failed. Liability may reach the subcontractor, the GC, and/or the lift manufacturer under the NJPLA. OSHA/ANSI standards inform the duty; Alloway confirms OSHA isn’t per se liability but is relevant evidence.
Defective saw or guard. An unguarded table saw causes hand lacerations. A products claim seeks full tort damages from the manufacturer/seller, while negligence claims may run against the GC for permitting unsafe practices. We marshal manuals, warnings, and safer-alternative designs to show defect and causation under the NJPLA.
Public-works crash in a work zone. A driver enters a lane-shift with poor signage and hits a paving crew. Claims may target the traffic-control subcontractor and the public owner (TCA notice required). Early notice and preservation of traffic plans are crucial.
Evidence that wins NJ construction third-party cases
Early on, we move to preserve site photos/video, incident reports, daily logs, toolbox talks, safety audits, subcontracts, engineering reports, and equipment data/manuals. We identify all potential defendants and their insurers, map control and knowledge, and line up experts (construction safety, human factors, biomedical, and product design). OSHA rules and NJ Model Civil Jury Charges help define the duty—but we always tie them to facts at your site.
Frequently asked questions
Can I sue my employer?
Usually no—workers’ comp is the exclusive remedy against your employer/co-employees. But you can sue third parties whose negligence or defective products caused the injury.
Will my own fault ruin my case?
Not if you’re 50% or less at fault; your award is reduced by your share. If you’re 51%+, you recover nothing. Whether your conduct goes to the jury depends on evidence you unreasonably confronted a known risk.
How long do I have to sue?
Most PI claims: two years. Public-entity claims: 90-day Notice of Claim (filed online) plus other TCA rules. Claims tied to design/construction may face a 10-year repose bar. Don’t cut it close.
What happens to my workers’ comp if I win a third-party case?
Your comp carrier is usually reimbursed out of the third-party recovery under N.J.S.A. 34:15-40 (with fee/cost credits). We structure settlements to maximize your net.
Are OSHA violations automatic proof of negligence?
No. In New Jersey, OSHA can be considered as evidence of the standard of care, but it’s not negligence per se.
How Sammarro & Zalarick helps
We investigate rapidly, preserve critical evidence, identify every responsible party, and coordinate your comp and civil cases. On public jobs, we prepare and file the TCA notice through the state’s digital portal within 90 days. On products cases, we assemble the right technical team and pursue manufacturers and sellers under the NJPLA. If you were injured on a New Jersey jobsite, third-party liability may be your path to full compensation. Contact Sammarro & Zalarick for a free, no-obligation consultation.
Legal disclaimer: This article is for general information only and does not create an attorney-client relationship. Deadlines are strict and facts matter—please contact an attorney for advice about your specific situation.