Construction sites often reach over sidewalks and into public areas, putting passersby at risk. They can also cause injuries to workers, which means more complex rules for lawsuits.
If you were lawfully in or near a construction site, and something from the site caused your injuries, you can often hold the construction firm or property owner liable, depending on how the accident happened. However, if you were working at the site, you might have a limited right to sue and may only be able to sue certain third parties, not your bosses.
For a free case evaluation, call Agrapidis & Maroules, P.C.’s New Jersey personal injury lawyers at (201) 777-1111.
Can You Sue for Injuries at a Construction Site?
People who were passing by or through a construction site can potentially sue anyone who causes their injuries, including the site operators or property owners. These cases typically break down into a few potential types of accidents:
Car Accidents
Construction workers may leave dangerous things around that could pop a tire or otherwise damage your car, causing a crash. Negligent workers could also walk into the street or suddenly drive into you or cut you off with construction vehicles.
In any case where a construction worker causes your crash, you may be entitled to a case against the construction firm.
Falling Materials
Scaffolding and ladders can cause injuries if they are set up in public areas, like over sidewalks and in building lobbies. Accidents involving dropped tools and materials or collapsing scaffolding can cause serious injury or even death to people in the area.
As long as you were lawfully in that place and the collapse or falling materials happened through negligence, the construction firm or property owner could be liable.
Dangerous Conditions
Sometimes accidents happen from dropped or discarded nails or other sharp debris, from slip and falls, or from other dangerous conditions. Construction sites should be clear about where you can safely walk and take steps to reasonably clear up dangers.
If the area was open to the public, but it was not safe for the public, the construction site operators are typically at fault.
Suing for a Construction Accident as a Construction Worker
When it comes to injury claims as a construction worker, the rules are a bit different.
Restrictions on Lawsuits
Employees cannot sue their employer for work-related accidents. Instead, they are expected to use Workers’ compensation.
Independent Contractor Exception
However, this rule only applies to employees. If you are an independent contractor, you do not face a restriction.
Many construction workers’ assumptions about their classification are actually incorrect, given that employers often try to miscategorize workers as contractors, but still control the time, place, and manner of their work.
Lawsuits Against Third Parties
There is, however, no restriction on a worker’s ability to sue outside third parties. This can include…
- Manufacturers of defective scaffolding, ladders, equipment, or safety gear
- Property owners responsible for dangerous conditions
- Outside contractors or third-party construction firms that caused your injuries
- Drivers who crash into roadside work crews.
Damages Available
If you were injured in a construction accident, you should be entitled to any damages you faced from the accident. This typically includes things like…
- Medical bills
- Lost wages and earnings
- Property damage (e.g., vehicle damage in a car accident, broken phones or laptops you were carrying in a slip and fall)
- Other economic damages
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of consortium (damages for the effects of your injury on your spouse).
Our NJ construction accident attorneys can assess the records and evidence in your specific case to help you determine what your claim is worth rather than relying on insurance companies to set the damages.
How to Prepare for an Injury Lawsuit
The following steps can help you bring your case:
Get Medical Care
Always call 911 and get medical care. Medical records are vital in proving your injuries and documenting what happened.
Call a Lawyer
Call an attorney. Never try to handle your case on your own. Insurance companies take advantage of unrepresented injury victims and try to shut down their cases or pay low values.
Collect Evidence
Our lawyers can help you assemble all of the evidence you need, then file your claim. However, there may be evidence you can collect at the accident scene, such as contact info for witnesses and photos of the dangerous conditions and resulting injuries.
File a Claim
Claims are typically filed first through insurance, but if the insurance company refuses to settle for a fair value, we can take the relevant parties to court in a lawsuit.
FAQs for Suing for a Construction Accident
Can You Sue for Accidents on a Construction Site?
If you trespassed or entered into a restricted area without proper safety gear (e.g., a hard hat), then it might be difficult to bring your injury case for anything except intentional injury.
However, if the construction site was open to the public or did not have signs warning about the dangers in the area, the construction firm could be liable for your injuries at their site.
Can Construction Workers Sue for On-the-Job Injuries?
You may not be able to sue your employer because of Workers’ Compensation rules, but you can typically sue any outside third party who caused your injuries, even if you were working when the accident happened.
Can Contractors Sue for Injuries at Work?
Many construction workers are contractors and subcontractors. If you are properly classified as such, then you do not have the same restrictions on a lawsuit.
However, many people we casually call “contractors” are not “independent contractors” under the legal definition and are treated as “employees” for purposes of injury claims.
Can Multiple Parties Be at Fault?
Sometimes lawsuits are filed against workers and their employers, as well as equipment manufacturers, property owners, and other potential at-fault parties. Each party can be made to pay their own share of damages if multiple parties were at fault.
What is My Case Worth?
Every case is different, but our lawyers can help you assess your specific damages when we analyze your case.
How Long Do I Have to Sue?
New Jersey law typically requires injury cases to be filed within 2 years.
Call Our Construction Site Injury Lawyers in New Jersey Today
For a free case evaluation, call (201) 777-1111 to speak with the NJ construction accident lawyers at Agrapidis & Maroules, P.C.