Pursuing a Claim After a Construction Accident
A seasoned construction accident lawyer New Jersey locals recommend can tell you that construction site accidents occur every day in the United States. Construction workers have one of the most dangerous jobs out there. Our experienced New Jersey construction accident lawyer recommends can attest that while performing job duties, a worker may have to be wary of falling building debris, defective tools, and shaky ladders. The victims can sustain traumatic brain injuries, broken bones, spinal cord injuries, or even death. This is because construction sites are filled with potential hazards such as heavy machinery and the falling object. When an accident happens and a construction worker is hurt, the resulting injuries can be painful and expensive. While there may be workers’ compensation benefits available, it is important that a worker understands his or her rights during the process. If you were hurt in a construction accident, it may be in your best interest to consult with a construction accident lawyer in New Jersey from Rispoli & Borneo, P.C.
While on the job site, a worker must be attentive to potential risks and practice safety to avoid being involved in an accident. However, even when following the rules and using protective equipment, a construction worker can get hurt due to no fault of his or her own. If any member of the construction team is careless, they could be putting another in jeopardy. A worker may endure broken bones, amputation, fractures, lacerations, burns, and more.
Table of Contents
- Pursuing a Claim After a Construction Accident
- Steps to Take After a Construction Accident on the Job
- Do’s and Don’ts of Construction Injuries
- New Jersey Construction Accident Infographic
- New Jersey Construction Accident Statistics
- New Jersey Construction Accident FAQs
- Rispoli & Borneo, P.C., New Jersey Construction Accident Lawyer
- Contact Our New Jersey Construction Accident Lawyer Today
Common Construction Accident Injuries
- Slip and Falls: Slip and falls make up a large percentage of construction accidents. Construction workers can trip over materials, tools, and even holes in the ground if the area is not marked for hazards. If you were injured while working at a construction site, call a construction accident lawyer for New Jersey residents to choose under these circumstances. We may be able to help you recover your accident-related damages.
- Electrocutions: Construction site accidents can involve electrocution. If a person comes in contact with a power line or exposed electrical sources, he or she is in danger of getting electrocuted. Electrocutions can cause thermal burns, cardiac arrest, muscle and nerve damage, and death. If your loved one died in a construction accident, call us to speak with a construction accident lawyer New Jersey families turn to for justice.
- Struck By Objects: Many construction workers have been severely injured or killed as a result of getting struck by an object. These types of accidents can be prevented if construction workers receive proper training on how to use machinery and equipment properly. Your loved one may not have received that training which could make their employer liable. To find out more, call a construction accident lawyer for New Jersey victims to trust from Rispoli & Borneo, P.C.
- Ladder Accidents: Ladder accidents are also common on construction sites. If workers use the wrong type of ladder or set up the ladder incorrectly, they are in danger of falling off it. Ladder accidents can also occur if ladders aren’t maintained properly.
- Crushed Between Objects: Construction workers are often in danger of getting caught between equipment and other objects. For example, they may get their arm or leg stuck in heavy machinery. A crushed extremity can require extensive medical attention and result in a permanent injury that leaves them unable to work again. A New Jersey construction accident lawyer from our firm could negotiate a settlement on your behalf that will replace your future lost wages.
- Getting Hit By a Vehicle: Constructions sites are sometimes near busy roads and highways. If construction zones are not marked, drivers could strike them with their vehicles.
- Trench Collapse: Trenches are often dug on construction sites. However, if a trench collapses and a worker is inside, he or she could suffer life-threatening injuries or death.
Construction workers do have a tough job, as they must perform tasks while surrounded by loud noises, heavy machinery, particles in the air, dangerous tools, and more. Even the most aware and cautious construction worker may be at risk if an employer or other team member is not doing everything within their power to prevent an accident from happening.
Steps to Take After a Construction Accident on the Job
At Rispoli & Borneo, P.C., we have a lot of experience helping construction workers obtain benefits following an accident at the job site. What steps can you follow to help your case? Follow these tips as soon as possible.
Get the Medical Attention You Need
First and foremost, you should protect your health. Depending on the seriousness of the injury, you can go to the hospital or call 911.
What if your employer’s workers’ comp policy requires you to visit a specific doctor? This is something the employer must inform you of ahead of time. Many states allow you to get a second opinion if you want.
There’s another reason you should visit a doctor: the medical report helps you prove your injuries for the workers’ comp claim. Your construction accident lawyer in New Jersey can use these records to build a strong case.
Give Your Employer Written Notification of the Injury
Telling your employer you’ve been injured is good, but it’s not enough. You need evidence that you provided written notification. Sometimes, this means filling in a specific form, and other times you can use email records as proof of notification. Always ask your construction accident lawyer in New Jersey which method to follow in your case.
Fill Out the Workers’ Compensation Claim Form
This form goes to the workers’ compensation insurance company. What information should you include?
- List of injuries
- Place the accident occurred
- Date and time of the accident
- Witnesses present or people involved in the accident
- Description of accident (i.e. “scaffolding collapsed on top of me”)
- Details of medical treatment received
It’s a good idea to let a construction accident lawyer in New Jersey help you fill out this claim form. You need to provide accurate information, but you shouldn’t give the impression you’re responsible for what occurred. You’re under no obligation to admit fault.
Do Not Handle Your Claim Alone
Many people think that filing a claim after a construction accident is easy. They have the impression that all that’s needed is to fill out a form. The reality of the situation is very different.
Employers and insurance companies often make the process as hard as possible, hoping you’ll give up out of frustration. Many insurers reject completely legitimate claims just to slow you down.
Having a construction accident lawyer in New Jersey can help you cut through all this red tape. At Rispoli & Borneo, P.C., we explain your rights to you. We help you fill out the necessary documentation. We help you gather medical records and evidence to prove your case.
Do Not Speak to the Insurance Company
Don’t speak to your employer’s insurance company at all. No matter what the adjuster tells you, you have no obligation to provide any information to them.
If the insurer asks you to sign a written statement or talk about the accident, refuse. You’re completely within your rights. Don’t agree to let your employer or the insurance company look at your medical records.
The only people you want to look at your medical records are your legal team. A construction accident lawyer in New Jersey looks out for your interests and provides advice you can trust. At Rispoli & Borneo, P.C., we can take care of all negotiations with the insurance company on your behalf.
Do Not Sign a Settlement Offer or Documents You Don’t Understand
If the insurance company provides you with a settlement offer, don’t sign it. Take it to your construction accident lawyer in New Jersey first. Once you sign a settlement agreement, that’s the end of your claim.
Insurance companies offer you far less than you deserve, and the amount often isn’t enough to cover your true medical expenses. A settlement needs to help you with your physical recovery, lost wages, pain and suffering, and potential health problems that may arise in the future as a result of the accident.
Do’s and Don’ts of Construction Injuries
- Do Notify Your Employer Immediately
Your employer must be notified as soon as possible that you have sustained an injury or become ill as a result of your job. They have the right under New Jersey law to choose the doctors you see. Notification can be made verbally to your immediate supervisor or anyone in authority at your company.
- Do Seek Medical Attention Immediately
If you are in an accident on the job, seek immediate medical attention, even if you don’t think you’re seriously hurt. Adrenaline coursing through your veins can mask pain and injuries or days. Don’t try to tough it out and finish your shift — see a doctor as soon as possible. Get copies of your medical records when you can, and bring those with you to your construction accident lawyer in New Jersey.
- Do Document Everything That Happens
While you’re waiting to see a doctor, write down everything you can think of that might relate to your on-the-job injury. This information can be lost in a haze of pain medication or become jumbled with the passage of time. Documenting everything that occurred leading up to your injury can help a construction accident lawyer in New Jersey such as Rispoli & Borneo, P.C. pursue a successful workers’ compensation claim for you.
- Don’t Downplay Mental Health Effects
While physical injuries often take the forefront of workers’ compensation cases, mental health issues can be just as serious. Untreated mental illness can lead to life-long struggles with things like anxiety and depression. These can contribute to serious physical health problems like heart attack, stroke and suicide.
- Don’t Sign Anything Without Consulting a Lawyer
Your employer or representatives from their insurance company may want you to sign statements about what happened. Don’t. They may have worded things to make it seem like the injury was less severe than it actually is. While you may be entitled to workers’ compensation claims regardless of fault, the amount of your award could be impacted. Only a professional construction accident lawyer in New Jersey can help you know what to sign and what to let them deal with instead.
- Don’t Try To Pursue a Workers’ Compensation Case Alone
While you could choose a generalized personal injury attorney for help with your workers’ compensation claim, a specialized construction accident lawyer in New Jersey is the right choice for your construction work injury. We at Rispoli & Borneo, P.C. do nothing but pursue workers’ compensation cases for construction-related injuries, and you deserve a specialist by your side.
- Don’t Give Up on Your Claim
Believe it or not, many workers’ comp claims for construction accidents are denied by the insurer. This doesn’t mean you did something wrong. Often, it’s a tactic by insurance companies to make you feel frustrated and give up or accept a lower amount of compensation than you deserve.
New Jersey Construction Accident Infographic
New Jersey Construction Accident Statistics
According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of work-related deaths in construction, accounting for more than one in three of the total number of fatalities in this industry. 401 of the 991 construction fatalities recorded in 2019 were falls to a lower level. If you are injured in a construction accident, call our office to see what your legal options are.
New Jersey Construction Accident FAQs
What Should I Do If I Was Injured While Working Construction?
A construction worker may have a couple of options for taking action regarding the accident. Some states require that construction injuries that occurred while on the job are to be handled through workers’ compensation programs. However, other states may permit a worker to file a personal injury lawsuit instead. A construction accident lawyer in New Jersey can help the victim negotiate with responsible parties to get a settlement that enables him or her to overcome the accident. If the injury was at least partially due to faulty equipment, the manufacturer or supplier may be liable for injuries.
What Type of Compensation Might I Be Eligible to Receive?
An injured construction worker may be entitled to damages for current and future medical care, wage loss, pain, and suffering, and lost earning capacity. If the required safety protocols were not in place when the accident happened, the worker may be eligible for punitive damages too. Every situation is different, so meeting with a New Jersey construction accident lawyer who understands the complexity of construction worker injuries can be insightful.
Can I Sue My Employer Because of a Construction Accident?
In general, a worker that has been injured due to a workplace accident is unable to sue their employer. What will likely happen instead, is the employee shall receive workers’ compensation benefits to help cover the medical costs, loss of wage, and other damages related to the injury.
Is It Required That I Prove My Employer Was Negligent?
In order to receive compensation for a construction accident, it is not required that you show proof of negligence. To seek compensation, the employee may just have to show that they were hired by the employer and that an injury resulted because of the job task or environment.
Is It Possible to Sue a Third Party?
When it comes to construction accidents, it may be possible to sue a third party and obtain compensation for the injury. This may be appropriate for instances where a defective tool, machinery, or other equipment led to the injury happening.
How Can an Attorney Be Helpful for My Construction Accident?
Workers’ compensation offers coverage for injured employees, but not does always provide the worker with enough funds in order to get the fullest treatment. A construction accident lawyer from our New Jersey accident can consult with you about the details of your construction accident, to help determine whether legal action is necessary.
How Much of a Settlement Award Might a Worker Get for a Construction Injury?
Settlement amounts can be determined by a variety of factors, including what state the accident happened in, the severity of the injury, medical costs, and any cap laws that may apply. A New Jersey construction accident lawyer can help calculate a settlement estimate for you, after finding out more about your unique situation.
Are Physical and Emotional Injuries Covered Under Workers’ Compensation?
Yes, injuries that are both mental and physical as a result of the construction accident may be covered by workers’ compensation benefits. Be sure to communicate with the doctor treating you about any mental or emotional challenges you are having, so these symptoms can receive the care they need as well.
What Is OSHA?
OSHA stands for the Occupational and Safety Health Administration, which decides which rules are necessary for the workplace and establishes guidelines that employers must abide by. OSHA focuses on workplace safety and when rules are not followed, an employer may face the consequences.
New Jersey Construction Accident Glossary
If you’re seeking guidance after an incident on a job site, a New Jersey construction accident lawyer may be the right resource to speak with. At Rispoli & Borneo P.C., we help injured workers understand their rights when they’ve been hurt on a construction site. Whether it’s falling debris, faulty equipment, or unsafe conditions, certain legal and procedural terms often come up in these cases. Below, we break down some important phrases and what they mean for workers pursuing a claim.
Workers’ Compensation Benefits
Workers’ compensation benefits refer to the insurance-provided medical and wage replacement support available to employees injured while performing their job duties. In New Jersey, construction workers are typically covered under this system, which allows them to receive treatment and partial wage support without needing to prove fault. These benefits can include coverage for hospital stays, follow-up care, physical therapy, and lost income while recovering. It’s critical to report injuries in writing and follow up with approved medical providers to maintain eligibility. Working with a New Jersey construction accident lawyer may help workers navigate the steps involved and avoid potential claim denials.
Medical Documentation
Medical documentation is a critical component of any construction accident claim. This includes records of emergency room visits, diagnoses, treatment plans, prescribed medications, physical therapy reports, and doctor’s notes related to the injury. These records serve as proof that an injury occurred and show how it has impacted the worker’s ability to perform their job duties. Accurate and complete documentation strengthens a claim by providing evidence that supports the worker’s account. We often help clients collect and organize these records to submit with their claim or as part of a settlement discussion with insurers.
On-the-Job Injury Reporting
In the context of construction work, injury reporting refers to the formal process of informing an employer about a job-related injury. This process often starts with a verbal report but should always include written notification. In New Jersey, workers are advised to notify a supervisor or someone in authority immediately, then follow up in writing. This step is crucial not only for safety but for eligibility to receive workers’ compensation benefits. Documentation of this report — such as a dated email or signed incident form — is often required later during the claim process.
Third-Party Claim
A third-party claim may arise when a person other than the worker’s employer contributes to a job-related injury. For example, if a piece of machinery malfunctions due to a design defect, the manufacturer may be held financially responsible. These types of claims differ from workers’ compensation because they may allow recovery beyond basic wage and medical coverage, including broader financial settlements. A third-party claim can be made alongside a workers’ compensation claim, and we frequently review construction accident cases to determine whether such an option exists.
Scaffolding Collapse Incident
A scaffolding collapse refers to a structural failure of temporary platforms used during construction work at height. These incidents are especially dangerous and often result in serious injuries like fractures, spinal trauma, or brain injuries. In many cases, collapses stem from improper setup, poor maintenance, or faulty materials. When a worker is hurt due to a scaffold failure, it may be necessary to investigate whether improper training, lack of inspections, or third-party negligence was involved. This type of incident is often central to construction site injury cases and requires a thorough review of workplace safety procedures and equipment standards.
If you or someone you know has been hurt on a construction site, Rispoli & Borneo P.C. is ready to help. We’re here to guide New Jersey construction workers through the process of filing claims and seeking appropriate recovery. Reach out to our firm today for a free consultation.
Rispoli & Borneo, P.C., New Jersey Construction Accident Lawyer
23 Emmons St, Unit 203, Long Branch, NJ 07740
Contact Our New Jersey Construction Accident Lawyer Today
At Rispoli & Borneo, P.C., we understand how devastating it must be to suffer injuries from a construction accident. Our lawyers have extensive experience handling construction site lawsuits and want to help you get the settlement you need. You deserve justice for what happened to you.
An injured worker is allowed to re-open a claim and seek additional treatment and/or additional compensation. If you were injured in a construction accident and settled your claim, the lawyers at Rispoli & Borneo, PC may be able to file an Application for Review and Modification of Prior Award in an effort to obtain additional benefits. Most often these benefits include additional treatment and additional compensation for the construction-related injury. An injured worker only has two years to file such an application.
The legal firm of Rispoli & Borneo, P.C. has successfully represented many construction accident cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.