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Who is responsible for your construction-site accident?

On Behalf of | Dec 19, 2022 | Workers' Compensation |

Construction accidents happen all of the time in New Jersey. And they can leave a worker with serious injuries that take time and money if you want to recover adequately. In the aftermath of one of these incidences, you may be left wondering how to recover compensation for the injuries that you have suffered and who you can hold accountable for your injuries. We hope this post will be insightful in that regard.

Who can you take action against after a construction accident?

 The answer to this question can be quite complicated and really depends on the facts. Generally speaking, a landowner has a duty to warn workers of hazards that exist on the premises. Ideally, the landowner would take action to ensure that the hazard is obvious so that it can be avoided, or the dangerous condition would be remedied. If the landowner doesn’t warn construction workers of the hazard and one of these workers ends up hurt, legal action may be justified.

Contractor responsibility

 The situation changes when a contractor creates the hazardous condition. In these instances, the landowner is relieved of its obligation to protect workers. Instead, the contractor is responsible for any injuries that a worker suffers.

What about third-party liability?

 It’s common for there to be multiple contractors and subcontractors on a worksite. What if you’re hurt by equipment owned by another company? In those instances, you might be able to pursue a personal injury lawsuit against that third-party.

How does workers’ compensation come into play?

When you’re injured on the job, you have the ability to seek workers’ compensation benefits. By obtaining these benefits, you agree to forego a personal injury lawsuit against your employer. However, it’s important to realize that your ability to sue is only foreclosed as it pertains to your employer. Therefore, you may find yourself in a position where you seek workers’ compensation benefits from your employer’s insurance company but also pursue a personal injury claim against the landowner or a third-party who is responsible for your injuries.

What can you do to support your legal actions?

 If you’re considering pursuing workers’ compensation, a personal injury claim, or both, you need to make sure that your claim is strongly supported by the evidence. Therefore, you’ll want to ensure that you’re following your doctor’s recommendations, securing your medical records and gathering documentation and statements that may support your claim of what happened at the worksite. Therefore, you may need to speak to witnesses and consider whether any safety violations contributed to your accident. Retain any communications that you may have had with the parties that are responsible for your injuries, too, as they may be indicative of fault.

Do you need legal assistance?

 The compensation that you recover after your accident can help you set the stage for your recovery. Therefore, you need to make sure that you’re bringing forth the strongest legal arguments possible as you pursue your claims.

That can be daunting, but don’t be dissuaded from pursuing what you deserve. Instead, think about discussing your circumstances with an attorney who is adept at handling both workers’ compensation and personal injury cases. One of these attorneys can give you zealous advocacy so that you can maximize your chances of success. Hopefully, you can start your next chapter of life on the right foot and with the financial resources that you need.

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