NJ construction accident claim cases in New Jersey require experienced legal representation. At Maxwell, Tassini & Gardner, LLC in Spring Lake, we help injured clients throughout Monmouth and Ocean counties pursue their NJ construction accident claim claims. If you need a NJ construction accident claim attorney who understands New Jersey law, call (732) 230-5003 for a free consultation.
Can I File a Personal Injury Claim for a Construction Accident in NJ?
Construction work is inherently dangerous, and New Jersey construction workers face serious risks from falls, equipment failures, electrocutions, struck-by incidents, and structural collapses. While workers’ compensation provides a safety net for on-the-job injuries, it does not cover pain and suffering, and its benefits are often insufficient for serious injuries. A third-party personal injury claim can provide the full compensation you deserve.
Workers’ Compensation vs. Third-Party Claims
In New Jersey, workers’ compensation is a no-fault system. You receive benefits for medical expenses and lost wages regardless of who caused the accident. However, workers’ comp has significant limitations:
- It does not compensate for pain and suffering.
- Lost wage benefits are limited to 70% of your average weekly wage, subject to a statutory maximum.
- You cannot sue your direct employer for negligence (the “exclusive remedy” rule).
A third-party personal injury claim is filed against a party other than your employer whose negligence contributed to your injury. Third-party claims provide full compensatory damages including pain and suffering, future lost earnings, and complete medical expense coverage. For a detailed comparison, see our guide on workers’ comp vs. personal injury lawsuits.
Common Third-Party Defendants
In construction accident cases, potential third-party defendants include:
- General contractors who control the job site and are responsible for overall safety.
- Property owners who hired contractors and have a duty to maintain safe premises.
- Subcontractors whose workers or equipment caused or contributed to the accident.
- Equipment manufacturers if a defective tool, machine, or safety device contributed to the injury (product liability).
- Architects and engineers whose design defects created dangerous conditions.
OSHA Violations as Evidence
The Occupational Safety and Health Administration (OSHA) establishes safety standards for construction sites. Violations of OSHA regulations—such as failure to provide fall protection, inadequate scaffolding, missing guardrails, or lack of proper safety training—are strong evidence of negligence in a personal injury claim. OSHA investigation reports and citations can be used to support your case.
Common Construction Accident Injuries
- Falls from heights: Scaffold collapses, ladder falls, roof falls, and falls through openings.
- Struck-by injuries: Falling tools, debris, or materials; moving vehicles and equipment on the job site.
- Electrocution: Contact with power lines, exposed wiring, or defective electrical equipment.
- Caught-in/between: Workers trapped in trenches (trench collapse), caught in machinery, or crushed between heavy equipment.
- Traumatic brain injuries from falls, falling objects, or explosions.
- Spinal cord injuries: Falls and crushing injuries causing paralysis or permanent disability.
Filing Your Claim
The statute of limitations for a construction accident personal injury claim is two years from the date of the accident (N.J.S.A. 2A:14-2). However, workers’ compensation liens must be addressed—your workers’ comp carrier has a right to reimbursement from any third-party recovery. An experienced attorney can navigate the interplay between workers’ comp and your third-party claim to maximize your net recovery.
Contact MTG Lawyers Today
Maxwell, Tassini & Gardner, LLC
302 Washington Avenue, Suite 101
Spring Lake, NJ 07762
Phone: (732) 230-5003
Serving Monmouth and Ocean counties
If you were injured in an accident in New Jersey, you may have a compensable claim. Call MTG Lawyers at (732) 230-5003 for a free, no-obligation consultation. We speak English and Spanish. Hablamos español.
Understanding your NJ construction accident claim case is essential. Our attorneys handle NJ construction accident claim matters daily and know how to maximize your recovery. A NJ construction accident claim attorney at Maxwell, Tassini & Gardner, LLC can evaluate your claim during a free consultation.
Learn More About NJ construction accident claim
For more information about nj construction accident claim, explore these related resources:
- workers comp vs personal injury NJ — related guide from MTG Lawyers
- NJ construction accident lawyer — related guide from MTG Lawyers
- why hire NJ personal injury lawyer — related guide from MTG Lawyers
- OSHA construction industry standards — official NJ resource
For personalized guidance on nj construction accident claim, contact MTG Lawyers for a free consultation. Call (732) 230-5003 or reach out online today. Our NJ personal injury attorneys have helped thousands of accident victims recover the compensation they deserve.