Construction Worker Injuries
New Jersey Attorneys Assisting Victims of Workplace Accidents
It is no secret that people in the construction industry are engaged in one of the most dangerous occupations in the country. Serious and even fatal accidents happen with alarming regularity. Because of the nature of construction work, which often has multiple layers of contractors, sub-contractors, and the like, a claim for workers’ compensation following a work-related injury can be more complex than cases involving workers in other fields. The skilled New Jersey construction injury lawyers at the Law Offices of Jonathan F. Marshall are well-versed in the many nuances and potential complications of construction worker injury claims, and we are prepared to fight for every dollar of compensation to which our clients are entitled.
New Jersey workers’ compensation laws require that most employers either provide a policy of workers’ compensation insurance for their eligible employees or administer a self-insured program that accomplishes the same purpose. Unfortunately, the construction industry can be problematic in this regard, with some smaller companies not always meeting their duty to provide coverage. However, this does not necessarily leave an injured worker without a legal remedy. Some workers in the construction industry may also have potential legal issues, such as a lack of proper documentation to legally work in the United States. It is important to note that undocumented workers, even those paid “under the table,” have certain rights when it comes to injuries on the job. Our construction injury attorneys can help New Jersey residents assert these rights.
Benefits for Injuries Suffered at a Construction Job
Assuming that a worker gives proper, timely notice, and the employer has met its obligation to provide workers’ compensation coverage for its employees, the employer (or its insurer) should provide reasonable and necessary medical treatment for the worker following a work-related illness or injury. The employee has an obligation to see the doctor provided by the employer, rather than seeing another physician of his or her own choosing. The employee’s regular health insurance should not be used to seek medical treatment for an injury that was sustained in the course and scope of a worker’s employment. If the employee’s treating physician says that the employee is unable to work due to his or her injury, the employee may seek temporary disability benefits while he or she is recuperating. Once a point of maximum medical improvement is reached, the worker may also pursue permanent disability benefits with the assistance of a New Jersey construction injury attorney if the treating physician assigns the worker a permanent physical impairment rating.
Workers’ compensation benefits do not totally replace the lost income suffered by an employee who is out of work either temporarily or permanently due to an injury on the job. However, the process of seeking workers’ compensation benefits is designed to be easier than a fault-based personal injury case, such as a premises liability lawsuit following a slip and fall on business property. The trade-off for the supposedly easier process of obtaining benefits is that there are limitations on the type and amount of compensation that the worker receives. In some cases, there is also the possibility of a traditional personal injury lawsuit against a third party that was to blame for the employee’s injury. If the worker prevails in this case, the employer will likely seek repayment of benefits paid out on the workers’ compensation claim, thereby taking part of the proceeds of the employee’s third-party lawsuit in subrogation for its payments.
Speak to a Construction Injury Lawyer in New Jersey
Construction site work injury claims have their own unique challenges. If you are a construction worker who has been hurt while performing your duties at work, you need to understand your legal rights. The seasoned construction accident attorneys at the Law Offices of Jonathan F. Marshall regularly represent injured construction workers in Freehold, New Brunswick, Toms River, Jersey City, Plainfield, Trenton, Newark, Paterson, and the surrounding areas of Monmouth, Middlesex, Ocean, Hudson, Union, Mercer, Essex, and Passaic Counties.