Tried And True Attorneys Standing Up For The Injured Since 1965

Photo of Craig R. Fishman
Photo of Craig R. Fishman

Tried And True Attorneys Standing Up For The Injured Since 1965

Third-party liability in construction accidents

On Behalf of | Jan 21, 2025 | Injuries |

Falls, falling objects, crane accidents or electrical equipment problems are common causes of accidents at New Jersey construction sites.

The risk of an accident is higher in the construction industry than most other industries. According to the Occupational Safety Health Administration, the construction industry is a “high hazard” industry, with construction workers being exposed to serious dangers.

What makes a construction accident more complicated than other types of work-related accidents is that it is not always your direct employer who is responsible for your injury. Sometimes it is a third-party who caused the accident.

This is understandable because there are often many different businesses on construction sites performing different jobs. There is usually a general contractor who is responsible for the entire construction project and several subcontractors performing various jobs. There might also be engineers or architects on a construction site.

Third-party lawsuits in New Jersey

Personal injury actions after a construction injury are based on negligence. A third-party lawsuit is a legal claim brought against someone other than your employer. If you determine which specific party was responsible for your injury, you can file a negligence claim against that third party.

New Jersey follows a modified comparative negligence law. This means that your negligence cannot be greater than the other party’s negligence or you will be unable to cover damages.

For example, suppose you are injured after using a device on the construction site that was negligently designed. You sue the manufacturer of the device for negligence but the manufacturer introduces evidence that instructions were provided on how to use the device and you did not follow them.

While this does not excuse the manufacturer’s negligence with designing the device, your compensation could be reduced for not using the device properly.

Workers’ compensation versus a personal injury claim

It is important to recognize the difference between workers’ compensation and a negligence lawsuit. You may file for workers’ compensation after a work-related accident.

However, you can only recover certain types of damages in a workers’ compensation case. Typically, you are limited to medical expenses and lost wages.

In a third-party negligence lawsuit, you can recover damages for pain and suffering, in addition to unpaid wages and medial bills. Additionally, your spouse could file a claim for loss of consortium. This provides your spouse with compensation for the loss of comfort you could not provide them with because of your injuries.

In especially egregious cases, punitive damages may be awarded. The purpose of punitive damages is to punish the negligent party for their conduct.

A construction accident can severely impact your life. Filing a third-party negligence claim can provide you and your loved ones with the compensation necessary to rebuild your life and hold negligent parties accountable.

These types of claims also encourage stricter compliance withs safety standards at construction sites which will hopefully prevent future accidents.

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