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Newark Construction Accident Lawyer

Construction workers who are injured on the job may be entitled to workers’ compensation benefits and, in some cases, additional damages through a third-party lawsuit. Meirowitz & Wasserberg, LLP helps injured Newark construction workers identify as many avenues as possible to recover the maximum compensation available.

The U.S. Bureau of Labor Statistics (BLS) reported that New Jersey construction workers experienced 2,900 non-fatal injuries in 2020, with 1,700 resulting in missed work days, job transfers or job restrictions. During the same period, 16 New Jersey workers died from work-related injuries, the highest number of deaths in any industry. Of the 16 deaths, seven were from trips and falls.

Construction accidents can lead to long-term or permanent disability that impairs your quality of life and threatens your financial future. The Newark personal injury attorneys at Meirowitz & Wasserberg, LLP can help you secure your financial future and restore your life to the fullest extent possible by recovering the compensation you need and deserve.

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Common Construction Accidents in Newark

According to Concentra Urgent Care Center, the most common causes of construction accidents are as follows:

  • Falls
  • Being struck by objects
  • Electrocution
  • Being caught in or between objects

Falls

According to the BLS, as many as one out of every five workplace deaths nationwide are in the construction industry, and falls account for approximately one-third of construction deaths. Of the 371 fatal falls in 2020, 353 were falls to a lower level, and nine were due to falls on the same level. The remaining fatalities were caused by slips and trips without a fall.

Struck-By Accidents

A struck-by accident occurs when there is forced contact between an object and a worker, such as the following:

  • A large object falls on a worker. 
  • A worker is hit by a moving object.

Electrocution

According to the National Fire Protection Association (NFPA), 77 percent of fatal electrical injuries occurred in the construction industry. Construction workers extensively use power equipment and extension cords. They are often involved in the installation of electrical wiring and components.

Most electrocutions occur when equipment is improperly used or maintained or when safe practices are not followed or enforced. This may be attributable to workers taking shortcuts in an effort to satisfy demands by employers to accomplish tasks within unrealistic time frames.

Caught-In or Caught-Between Accidents

This occurs when a worker is crushed, squeezed or pinched between objects. OSHA provides the following examples of these types of accidents:

  • A body part is caught or pulled into machinery.
  • An excavation site caves in on top of a worker.
  • Workers are crushed when construction materials fall on top of them.
  • A worker is run over by tractors, forklifts or other heavy machinery.
  • An employee becomes pinned between two stationary objects or a stationary object and a moving object.

Common Injuries from Construction Accidents

Construction workers regularly work around heavy machinery and equipment and often on scaffoldings and tops of buildings. These hazardous conditions can easily precipitate injuries that are catastrophic, including the following:

  • Traumatic brain injuries 
  • Spinal cord injuries
  • Severe burns
  • Broken bones
  • Organ damage
  • Soft tissue injuries
Photo of workers at a Newark construction site before accident

What types of compensation can I recover after a construction accident?

The compensation you can recover will vary based on the severity of your injuries, the length of the resulting disability and the types of compensation that are available to you. 

Workers’ Compensation

Most New Jersey construction workers are covered by workers’ compensation. Workers’ compensation is a form of no-fault insurance that all employers in New Jersey are required to carry. Workers’ compensation benefits include the following:

  • 70 percent wage replacement while out of work
  • Medical care
  • Death benefits
  • Permanent disability

Independent contractors are not covered, but many employers classify workers as independent contractors in error. A workers’ compensation attorney at Meirowitz & Wasserberg, LLP can help you identify your correct status to ensure you recover all the benefits you are due.

The financial compensation you can recover from workers’ compensation is limited. In the event that it does not cover your damages, you may be able to make a case for civil damages.

Civil Damages

Civil damages are available to workers who are not covered by workers’ compensation, such as independent contractors. Covered employees cannot sue the employer because workers’ compensation laws protect employers from further liability.

However, covered construction workers may be able to identify third parties whose negligence caused or contributed to their injuries. These third parties can be sued for damages.

Third Parties That May Be Liable

A Premises Owner

If someone other than the employer owns the property where the construction is taking place, the property owner may be liable if negligence by the owner caused or contributed to the accident.

An Equipment Manufacturer

Manufacturers of faulty equipment may be liable if the defects cause or contribute to construction accidents.

An Equipment Mechanic

An equipment mechanic may be liable if poor workmanship caused or contributed to the accident.

Outside Contractors

Contractors that are not employees may be liable when they cause or contribute to employee injuries.

Types of Damages that May Be Available

Construction workers who have the right to sue may be able to recover the following damages:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Lost business opportunities
  • Loss of normal life<
  • Pain and suffering
  • Disfigurement
  • Punitive damages

This is not an exhaustive list.

What if my loved one was killed in a Newark construction accident?

Workers’ compensation provides death benefits to the dependents of a worker who is tragically killed on the job. These benefits include the following:

  • $3,500 for funeral and burial expenses
  • 70 percent of the wages of the worker, not to exceed the state maximum, which is established annually by the Commissioner of Labor

Family members whose deceased loved one was not covered by workers’ compensation or who have a claim against a third party can also file a wrongful death lawsuit and potentially recover the following damages:

  • Funeral expenses
  • Burial expenses
  • Medical expenses
  • Pecuniary losses associated with the death
    • Earnings the deceased would have contributed to the family had they lived
  • Loss of companionship
  • Loss of parental guidance
  • Loss of consortium
  • Losses the deceased could have claimed had they lived, including:
    • Pain and suffering
    • Disfigurement
    • Loss of enjoyment of life

At what point should I contact an attorney?

It is always best to contact an attorney as soon as possible after an injury, prior to taking action. The state of New Jersey imposes time limits on lawsuits and on workers’ compensation claims.

If your workers’ compensation claim has been denied, an experienced Newark construction accident attorney at Meirowitz & Wasserberg, LLP can help you file an appeal and look for third parties who may also be liable.

How much does a Newark construction accident attorney cost?

Meirowitz & Wasserberg, LLP operates on a contingency fee basis, which means you pay nothing unless you win.

How can Meirowitz & Wasserberg, LLP help me with my Newark construction accident case?

When you are injured in a construction accident, your life changes, sometimes permanently. Your injuries may be all-consuming, and your last concern is the legal aspects of your case. However, you will need financial compensation to pay for your ongoing medical care and to replace your income while you are recovering or during your period of disability.

When you hire a reliable construction accident attorney from Meirowitz & Wasserberg, LLP to handle your case, you can continue to focus on your recovery while we do the following:

  • Manage the workers’ compensation claims process
  • Identify liable third parties
  • Speak with any insurance companies that are involved
  • Negotiate settlements  
  • Litigate in court if necessary

Why should I choose Meirowitz & Wasserberg, LLP?

Sam Meirowitz & Daniel Wasserberg

Selecting the law firm that will represent you in your construction accident case is an important decision. Choosing a qualified, experienced Newark law firm can have a direct impact on the total compensation you recover. At Meirowitz & Wasserberg, LLP, we have helped our clients recover millions of dollars in compensation while offering them compassionate, individualized service.

“Choosing Sam and Dan to represent us in my father’s Mesothelioma case is one of the best decisions we could have made as a family. Their honesty, integrity, and compassion are unsurpassed.” – Angelo M.

“My attorney John was always more than willing to answer any questions, took time out of his day to respond, never kept me in the dark about anything. All the decisions made were mine. He was kind, courteous, and he had only my best interest at heart.” – Cindy K.

“Meirowitz & Wasserberg, LLP fights through until the end. They care about your well-being, not just the case. Highly recommend 10/10; I wouldn’t look anywhere else.” – Conor R.

You may be eligible for substantial compensation, but time is limited. Contact Sam N’ Dan today to consult with a construction accident lawyer for FREE.

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