New Jersey Workers’ Compensation Lawyer For Construction Workers

According to a report by the U.S. Bureau of Labor Statistics (BLS), “nearly 1 in 5 of all workplace fatalities occur in the construction industry. 38.4 percent of these deaths were due to, slips, trips, and falls. The construction industry accounted for close to half, 47.4 percent, of all fatal falls, slips, and trips in 2022.” The construction industry has the most fatal injuries.  

For New Jersey, per the BLS, fatal work-related injuries totaled 116 in 2022, which is up from 110 the previous year.

According to OSHA (Occupational Safety & Health Administration) statistics, they reported:

• Around 31% of injuries in construction are due to falls, slips, and trips.
• Falling is responsible for most accidents in the construction industry, with 47% of incidents under the falling category.

In general, when a worker is injured in the workplace as a result of the employer failing to comply with an OSHA regulation, it has no effect on the employee’s ability to file a workers’ compensation claim.

OSHA Rule Enforcement

OSHA enforces regulations and guidelines that employers must follow. Under the OSH Act, employers have the responsibility to provide a safe workplace. Per OSHA’s website, employees have the right to:

• Working conditions that do not pose a risk of serious harm.
• Receive information and training (in a language workers can understand) about chemical and other hazards, methods to prevent harm, and OSHA standards that apply to their workplace.
• Review records of work-related injuries and illnesses.
• Get copies of test results done to find and measure hazards in the workplace.
• File a complaint asking OSHA to inspect their workplace if they believe there is a serious hazard or that their employer is not following OSHA rules. When requested, OSHA will keep all identities confidential.
• Use their rights under the law without retaliation. If an employee is fired, demoted, transferred or retaliated against in any way for using their rights under the law, they can file a complaint with OSHA. This complaint must be filed within 30 days of the alleged retaliation.

If an employer does not adhere to the rules and regulations as stated, they may be subject to OSHA-imposed sanctions that can include paying hefty fines for regulation violations.

When a worker’s injury is caused by the employer failing to comply with an OSHA regulation, the violation generally does not affect an injured employee’s ability to file a workers’ compensation claim.  

When a construction worker is injured on-the-job, they may have the option to file a workers’ compensation claim and/or a third-party personal injury claim if the worker’s injury was due to negligence on the part of another party. In a third-party claim, the person responsible for the worker’s injury is known as the “third party” or “at-fault party.”

If a tragic death has occurred related to a construction worker’s accident, a family member can pursue a wrongful death claim on behalf of their deceased loved one by contacting one of the personal injury attorneys at the Todd J. Leonard Law Firm.

Typical Injuries Sustained in a Construction Accident

Construction workers often suffer severe injuries, including:

• Spinal cord injuries
• Ligament sprains/tears
• Shoulder injuries
• Knee injuries
• Overexertion injuries
• Amputations
• Traumatic brain injuries
• Tendon strains/tears
• Whiplash
• Lacerations
• Facial injuries
• Puncture wounds
• Paralysis
• Burn & Inhalation injuries
• Electrocution injury
• Broken & Fractured bones
• Eye injuries
• Exposure to toxic or hazardous chemicals
• Death

Talk to an Experienced Construction Accident Attorney Today!

A New Jersey construction worker who is injured on-the-job may now endure a whirlwind of doctors’ appointments, face large medical bills, rising expenses, and difficulty in making enough money to meet the needs of their family. You may wonder if you’ll ever return to work, enjoy your past hobbies, or fear you won’t be able to support your loved ones the way you once did. 

Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey.  To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a FREE and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.