Construction Accidents and Third Party Claims Attorneys Passaic County NJ
It is well documented that the construction industry is one of the most dangerous occupations for anyone to work in. Contact a Construction Accident and Workers’ Compensation Attorney Today.
The very nature of the jobs they do, the machinery they use as well as are around, and the locations they work in makes this an inherently risky profession. The list of the types of accidents and injuries that occur on construction sites is extensive and varied. Often, construction workers are at risk of being struck by cranes and falling objects, slips, and falls, and burns from heat or chemicals to name but a few.
Some of the other major risks involved in construction include:
- Falls from heights
- Trench collapse
- Eye injuries due to splashing chemicals or debris
- Chemical poisoning
- Being struck by a vehicle
- Being struck by an object
Understanding the dangerous nature of this line of work, there are many safety regulations that have been put in place by the State of New Jersey in order to protect the lives and well-being of these workers. In many cases, construction workers are injured as a result of their employer failing to provide adequate training, proper safety equipment, or failing to properly service or maintain heavy equipment. However, sometimes accidents take place where a third party may be at fault or share fault with the employer.
Sadly, safety errors are common on construction sites. The good news is, in New Jersey, an injured construction worker can file a workers’ compensation claim, which will typically pay for their medical bills and a portion of their lost wages. Furthermore, workers’ compensation can also pay death benefits to surviving family members in the event a construction worker is killed on the job.
Due to the fact that workers’ compensation is a “no-fault” system, the worker who receives benefits cannot go after their employer for negligence by filing a separate civil lawsuit. But, depending upon the circumstances, the injured worker may have a valid third-party claim.
What exactly is a third party claim?
It is important to remember that workers’ compensation does not cover a worker’s full lost wages, only a portion thereof. With that said, in the event a third party contributed to the worker’s injuries, the worker may have grounds to file a third-party claim. This claim will be in addition to, and not in lieu of, any compensation they may receive as a result of their workers’ compensation claim.
For instance, if a construction worker has been attacked by a property owner’s dog while at work, they may be able to file a claim against the property owner’s homeowner’s insurance as well as receive workers’ compensation. Furthermore, it is not uncommon for ers to be struck by vehicles in what is essentially a pedestrian accident while loading or unloading materials for a job. If the accident occurred while they were working, they may want to file a claim against the driver of the car that hit them.
Often in many construction sites, there may be several companies working on the same site in different capacities. Accidents may be caused by subcontractors who may be working at the site. If a worker is injured by a subcontractor or the negligence of a subcontractor then they may be entitled to not only workers’ compensation but also a third-party claim.
Furthermore, in many construction accidents, a third-party claim can be filed against the manufacturer of faulty machinery. Faulty equipment can result in life-changing injuries to workers in every industry, not just in construction. Sometimes the equipment may be rented. Tools and machines can become dangerous due to:
- Improper maintenance
- Incorrect instruction manuals
- Broken, missing, or old parts
- Manufacturing or design defects
Contact a Little Falls Work Injury and Workers Compensation Attorney Today
If you have been injured in any type of work-related construction accident it is recommended that you consult with a qualified and experienced workers’ compensation attorney at The Law Office of Del Sardo & Montanari as soon as possible in order to understand all of your options for compensation.