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Construction Worker Injuries

New Jersey Construction Worker Injury Lawyer

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 and sub-contractors, a claim for workers’ compensation following a work-related injury can be more complex than cases involving workers in other fields. 

Our skilled New Jersey construction worker injury lawyer is well-versed in the many nuances and potential complications of these injury claims. With over 30 years of successful experience to draw on, Daniel Santarsiero, Esq. is prepared to work hard for the benefits and care that our clients deserve under the law.

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. We can help 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 sustained in the course and scope of a worker’s employment. 

If the treating physician says that the employee is unable to work due to his or her injury, the employee may seek temporary disability benefits while they are 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 worker injury lawyer, so long as 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 temporarily or permanently out of work 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.

The trade-off for the supposedly easier process of obtaining benefits is that there are limitations on the type and amount of compensation 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 a personal injury claim, the employer will likely seek repayment of benefits paid out on the workers’ compensation fund, thereby taking part of the proceeds of the employee’s third-party lawsuit in subrogation for its payments.

Why Choose Daniel Santarsiero NJ Workers' Compensation Lawyer? Our Commitment to Your Recovery

  • Start with a Virtual Consult
    You don't need to come to our office. We can meet virtually!
  • 24/7 Help Available
    Don't hesitate! Give us a call whenever you need legal help.
  • We Offer Contingency Fees
    You don't pay our firm a dime unless we win for you.
  • We're a Spanish-Speaking Team
    Our law firm is dedicated to providing Spanish language services.

Hear From Our Happy Clients

At Daniel Santarsiero NJ Workers' Compensation Lawyer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Hard Work & Dedication"
    Very professional and hardworking group of lawyers. They work hard to get you the best outcome for your cases. Excellent customer service and always current and prompt with material that relates to your case.
    - Zalana K.
    "A Great Experience!"
    I have had nothing but great experiences working with Daniel Santarsiero on several comp cases.
    - Larry W.
    "Highly Recommend!"
    He always took the time to answer all my questions and thoroughly explain what was happening next. I would highly recommend him!!!!!!
    - Barbara A.
    "He is Amazing!"
    He is amazing! Not only did he answer all my questions, but he also broke down my case in terms that I would understand.
    - Amanda A.
    "A Blessing!"
    He sure will go to bat for someone he believes in. I would recommend him over and over again.
    - Eileen H.
    "Very Satisfied!"
    I wasn't really expecting to get anything so im very satisfied with the results, would highly recommend as a legal representative.
    - Lucas Vieira A.
    "Definitely Recommend!"
    I would have never been able to navigate all the twists and turns of the process. Thanks to Dan everything was 100% successful. I highly, highly recommend Dan.
    - Russ D.
    "The Best Results!"
    He resolved any concerns and concluded the case within a reasonable amount of time with positive results.
    - Stephen C.

OSHA Violations in Construction Accidents

Did your employer follow the safety requirements laid out by the Occupational Safety and Health Administration (OSHA)? Any violations of these federal regulations can significantly impact a workers' compensation construction injury claim by providing evidence of employer negligence or unsafe working conditions. 

When an injury occurs on a construction site, the presence of OSHA violations can suggest that the employer failed to adhere to safety regulations designed to protect workers. This can strengthen the injured worker's claim by demonstrating that the workplace environment was hazardous and not compliant with federal safety standards. 

For example, suppose a worker falls from an unguarded scaffold and it is found that the scaffold did not meet OSHA's safety requirements. In that case, this violation can be used to support the argument that the employer's negligence contributed to the injury.

Moreover, OSHA violations can influence the amount of compensation awarded in a workers' compensation claim. You may be entitled to collect more benefits in cases where violations are identified. Furthermore, if gross negligence on the part of the employer is proven, there could be grounds for punitive damages, which are awarded to penalize particularly reckless behavior and deter future violations. 

Our office will investigate the circumstances surrounding your injury to determine whether federally mandated safety protocols were being followed. 

About New Jersey Worker's Compensation Lawyer

It is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

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 employment-related duties, you need to understand your legal rights and have an attorney who knows how to protect them and present your case persuasively. 

Our office is exclusively focused on injury-related cases, and we work on contingency, which means we don’t get paid unless you get paid. Daniel Santarsiero, Esq. has a long track record of helping injured workers in Ocean, Middlesex, and Monmouth counties and across the entire Garden State. 

Call (934) 200-5372 or contact us online today to schedule a free consultation. We can meet either in person or virtually.

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