Construction sites are by their very nature dangerous places. Heavy machinery is in operation. Power tools are consistently in use. Deliveries are coming. Waste products are being loaded and carted away. Holes are dug. Scaffolding is built. And accidents happen all the time. Because of the nature of the work, accidents on job sites like these can cause catastrophic injury, or even death.
If you are a construction employee and you have been seriously harmed in a construction accident, you can likely obtain workers' compensation to help cover your medical expenses and lost wages. However, if your injury was caused by the negligence or carelessness of a contractor or subcontractor on the job site who was not your employer, you may have a legal basis to file what is called a third-party personal injury claim.
This claim would be filed against the person whose negligence caused your injury. Potential compensation can include payment of all accident-related medical expenses, for pain and suffering, and other expenses.
POTENTIAL GROUNDS FOR THIRD PARTY INJURY CLAIMS
Situations like these may be grounds for a third-party injury claim:
- A general contractor's negligence caused your injury. For example, the contractor may have wanted to save money and thus did not hew to safety codes and state laws. Lack of adequate warning or removal of a toxic substance, lack of fencing and adequate warning around a deep pit, or lack of railing around work being done several stories up could potentially be grounds for a third-party injury claim against a contractor.
- An employer who knowingly did not take care of a dangerous condition on the site or who otherwise did not properly maintain the work site according to federal safety codes may be liable.
- A fellow worker's reckless actions may have caused the injury.
- A defective product, including large machinery may have caused an injury.
- Failure to anticipate potential hazards on the job site may be a cause for a third-party claim.
If you or a loved one has suffered a serious injury, it is important that you discuss your case with an attorney who has experience with third-party claims and personal injury claims, and with protecting the rights of those who have been injured in construction site accidents. Your accident may seem like it was just that - an accident - but there may be more to it than that.
At the Law Office of Mallon & Tranger, in Freehold, New Jersey, our practice is centered on protecting the rights of the injured. In particular, we represent clients in both workers' compensation claims and third-party personal injury claims.
Talking your situation over with a caring, skilled lawyer may help you understand your rights and whether it is wise to move forward with a third-party injury claim.
TALK TO AN ATTORNEY AT THE LAW OFFICE OF MALLON AND TRANGER, IN FREEHOLD, NJ
We encourage you to call to arrange a free consultation with a third-party construction injury attorney at the Law Office of Mallon and Tranger. Please call our Freehold, New Jersey, office at 732-702-0333 or contact us online to schedule your appointment.