Who is Responsible for Injuries at a Construction Site?
FAQ Video Transcription
Unfortunately, many working people are injured at construction sites. How do you protect yourself if your injury is the fault of another person or another company. You may have multiple claims in that situation. First, if you were injured while you were working, you have what is called a workers compensation claim. That’s an administration claim brought through the New Jersey Department of Labor, and the only issue there is did you get hurt while you were working and what is the extent of your injury.
The workers compensation carrier for your employer is oblige by law to pay your medical bills, temporary disability of seventy percentage of your wages and some permanency for your injury, but your not compensated for certain critical things in workers compensation. You’re not compensated one penny for pain and suffering. You’re not compensated for past and future economic loss. So we explore when you come and talk with me, is there a viable third party claim, that is a claim against some other person or entity other than your employer whose negligence caused in whole or in part, the accident in which you were injured. In that case we bring a lawsuit in the Superior Court of New Jersey or the Federal Court of New Jersey depending on the facts for negligence. Now in that lawsuit, differing from workers comp, you have the right to seek compensation for pain and suffering, past and future. You have the right to obtain compensation for unreimbursed economic loss, loss of quality of life, pain and suffering and reimbursement to the workers comp care of all the monies they’ve spent for you.
Who’s responsible for a construction site accident? It depends. It could be the subcontractor who’s negligence caused you to trip and fall, be hit by an object. There are so many circumstances that could occur. But overriding the responsibility of that particular subcontractor, is the overall responsibility of the general contractor, and that entity is also a party that would be sued, subcontractor, general contractor.
Now, potentially depending on the circumstances, there may even be a claim against the owner. The owner has certain responsibilities in providing a safe workplace as well. So, I urge you if your in that circumstance, to contact me promptly after the accident so that we can properly explore, not only do you have a workers comp claim, but do you have a meritorious third party claim.