It’s well-known that working in the construction industry is one of the most dangerous jobs in the world. Whether it’s the malfunction or breakdown of tools, machinery or heavy equipment; a fall from a ladder or scaffold, or from an upper level; or injuries sustained from a falling object, the injuries can be serious. There are often options when you’ve suffered a work-related injury on a construction project:
- Workers’ compensation—Your employer is required to provide workers’ compensation benefits for any injuries caused by company negligence or the carelessness of co-workers. With a workers’ compensation claim, you’ll get a fixed amount of benefits (up to 2/3rds of your average weekly wage) for any time when you cannot work. You may also be entitled to a lump sum settlement or long term benefits for a permanent disability.
- Negligence by unrelated third parties—If your injuries were caused in part or in whole by someone other than your employer or a co-worker, you can file a lawsuit in civil court seeking damages. There are, however, advantages and disadvantages to this approach. A major advantage—you won’t be limited to the damage amount available through a work comp claim. The disadvantage—it can take months or years for the case to be resolved, and you won’t see anything until it is.
Third party negligence claims can be based on a variety of legal theories. Often, on construction sites, machines and power tools malfunction, providing the legal basis for a product liability claim. If you are injured in a motor vehicle accident caused by someone unrelated to your employer, you can seek damages in a negligence lawsuit.
Contact the Law Offices of Mallon & Tranger
To learn how we can help you if you have been injured in the workplace, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.