Construction sites are inherently dangerous, posing significant risks to workers due to the nature of their job. Accidents on these sites can lead to severe injuries or even fatalities, impacting not only the victims but also their families. Navigating the aftermath of a construction accident requires legal expertise to ensure victims receive proper compensation for their injuries, medical expenses, and lost wages. The Epstein Law Firm, located in Rochelle Park, NJ, specializes in representing construction accident victims, providing the necessary legal support to secure justice and fair compensation.

Common Types of Construction Accidents

Construction sites present numerous hazards, leading to various types of accidents. Understanding these common accidents can help in preventing them and addressing the aftermath effectively.

Falls from Heights

Falls are the leading cause of fatalities in the construction industry. Workers often face risks from working on roofs, ladders, and scaffolding. A lack of proper safety measures, such as guardrails or harnesses, can lead to severe injuries or death.

Machinery Accidents

Construction involves the use of heavy machinery like cranes, bulldozers, and forklifts. Accidents can occur due to equipment malfunction, operator error, or lack of proper maintenance. These incidents can result in crush injuries, amputations, or fatalities.

Electrocutions

Exposure to live wires, faulty electrical systems, or contact with power lines can result in electrocution. This can cause severe burns, cardiac arrest, or even death. Proper safety protocols and regular equipment inspections are essential to prevent these accidents.

Being Struck by Objects

Construction sites often have materials and tools stored at heights. Falling objects, such as tools, debris, or building materials, can cause serious head injuries, fractures, or other trauma. Wearing appropriate protective gear, such as helmets, is crucial.

Scaffold Collapses

Scaffolding provides essential support for workers at heights. However, if scaffolds are not properly constructed or maintained, they can collapse, leading to falls and significant injuries. Ensuring scaffold stability and regular inspections are key preventive measures.

By recognizing these common types of construction accidents, workers and employers can take proactive steps to enhance safety measures, reducing the risk of injuries and fatalities on construction sites.

Legal Rights of Construction Accident Victims

Victims of construction accidents have several legal avenues to pursue compensation.

Workers’ Compensation Benefits

Workers’ compensation provides financial assistance to workers injured on the job, regardless of who was at fault. Benefits typically cover medical expenses, rehabilitation costs, and a portion of lost wages. This system aims to support injured workers without the need for lengthy litigation.

Third-Party Liability Claims

In some cases, a party other than the employer, such as equipment manufacturers, subcontractors, or property owners, may be responsible for the accident. Victims can file a third-party liability claim to seek additional compensation. This can cover pain and suffering, loss of consortium, and other damages not included in workers’ compensation.

Filing a Lawsuit for Negligence

When negligence plays a role in a construction accident, victims can file a personal injury lawsuit. Negligence might include failure to maintain safe working conditions, lack of proper training, or defective equipment. A successful lawsuit can result in compensation for medical expenses, lost wages, pain and suffering, and other related costs.

By understanding these legal rights, construction accident victims can take informed steps to secure the compensation they deserve and ensure their rights are protected. The Epstein Law Firm provides expert guidance to navigate these complex legal processes, advocating for the best possible outcomes for their clients.

How The Epstein Law Firm Can Help

The Epstein Law Firm has extensive experience in handling construction accident cases, offering comprehensive legal support to ensure victims receive the compensation they deserve. 

Expert Legal Representation

Our attorneys possess deep knowledge of construction laws and regulations, crucial for building strong cases.

Successful Case Results

With a proven track record, they have secured significant settlements and verdicts for their clients.

Comprehensive Support

From the initial consultation to final resolution, The Epstein Law Firm provides unwavering support, guiding clients through every step of the legal process.

Their dedication and expertise make them a trusted ally for construction accident victims seeking justice and fair compensation.

Steps to Take After a Construction Accident

If you are involved in a construction accident, taking the following steps is crucial to protect your health and legal rights:

Immediate Actions

Ensure your safety and seek immediate medical attention for any injuries, no matter how minor they may seem. Prompt medical evaluation is essential for your health and can serve as vital evidence for your claim.

Report the Accident

Notify your employer or supervisor about the accident as soon as possible. Ensure the incident is officially documented in the workplace accident report. This documentation is critical for your workers’ compensation claim and any potential legal action.

Document the Scene

If you are able, take photos of the accident scene, your injuries, and any equipment or conditions that contributed to the incident. Collect contact information from any witnesses, as their statements may support your case.

Preserve Evidence

Keep any clothing, tools, or equipment involved in the accident as they may serve as important evidence. Avoid making any repairs or alterations that could compromise the integrity of this evidence.

Contact The Epstein Law Firm

Reach out to The Epstein Law Firm promptly for a free consultation. Their experienced attorneys can provide expert advice on your legal options and guide you through the process of filing a claim or lawsuit. They will help ensure that your rights are protected and that you receive the compensation you deserve.

By following these steps, you can strengthen your case and improve your chances of a successful outcome. The Epstein Law Firm is committed to supporting construction accident victims every step of the way.

Frequently Asked Questions About Construction Accident Claims

Who is responsible for a construction accident?

Do I have a workplace injury claim if I’m an independent contractor?

Why do I need a lawyer to handle my construction accident claim when I’m entitled to workers’ compensation benefits?

Even though you are likely entitled to workers’ compensation benefits, any number of complications can arise in getting those benefits.  Our lawyers can help:

– File your initial workers’ compensation claim
– Handle any challenges to your right to fair workers’ compensation benefits, including challenges to the wage amount used to determine your weekly benefit
– Investigate your case to determine whether you are entitled to compensation above and beyond your workers’ compensation benefits
– Find out who is responsible for your construction accident
– Advocate on your behalf with the insurance companies to make sure your compensation award is fair

Can I get both workers’ compensation and file a personal injury lawsuit if I was injured in a construction accident? What if my employer was not responsible for the accident.

Yes.  Workers’ compensation is a no-fault system, so you are entitled to benefits even if your employer was not at fault.  While you likely cannot sue your employer, you may be entitled to file a lawsuit against a third party while continuing to receive workers’ compensation benefits.  Often, multiple contractors are working simultaneously on the same project. Even if a non-employer contractor is responsible for your accident, you can still receive workers’ compensation based on your employment with a non-responsible contractor.

Do I have a workplace injury claim if I’m an independent contractor?

The difference between an independent contractor and an employee: there are several different factors that go into that. And just because your employer might pay you on a 1099 does not necessarily mean that you’re an independent contractor. And that’s just one example. Sometimes the employer may take the position that the accident didn’t happen in the course of employment for whatever reason. And so, by hiring the Epstein Law Firm, we can help you weed out those issues, and we can work with you to combat the insurance carriers’ and the employers’ arguments regarding the person as an independent contractor, or did not get injured during the course of employment. There are several circumstances where an employer might take the position that the accident didn’t happen during the course of employment, and there are several factors that go into the determination as to whether or not the employee was actually in the course of their employment at the time of the accident.

Testimonials

My family and I are most grateful and appreciative for the work done on our behalf, but more importantly, the kindness and caring you have always shown to us.

M. M.

The first thing that comes to mind when I think of The Epstein Law Firm is, “These guys know what they are doing!” Being involved in a lawsuit is emotionally draining. Having a team like them to support you is like having the best captain in uncharted waters. Aside from being my lawyers and doing their job, it felt like they genuinely cared about me and my mental state. No words can ever fully express my gratitude.

Nicholas G.