Third-Party Liability in New Jersey Construction Accidents: When Can You Sue Outside Workers’ Compensation?

The construction industry, while essential to the growth and development of our infrastructure, is fraught with hazards. When accidents occur, injured workers often turn to their employer’s workers’ compensation insurance for relief. However, in certain situations, the negligence of a third party might also be involved. Understanding when and how to pursue claims in addition to workers’ compensation can be the key to ensuring that injured workers receive full and fair compensation for their losses.

Understanding Workers’ Compensation in New Jersey

Workers’ compensation is a crucial system designed to protect employees who suffer injuries or illnesses due to their job. In New Jersey, as with many states, there are specific guidelines, rights, and responsibilities that both employers and employees need to understand about this system. Let’s delve deeper into the framework of workers’ compensation in New Jersey.

What is Workers’ Compensation?

At its core, workers’ compensation is an employer insurance program mandated by state law. It provides benefits to employees who suffer job-related injuries or illnesses. These benefits can include medical treatment, wage replacement, and more.

Who is Covered?

Almost all New Jersey employers, not covered by federal programs, are required to have workers’ compensation insurance. This includes corporations, partnerships, and sole proprietors with employees.

Benefits Provided

Workers’ compensation benefits in New Jersey can be categorized as follows:

• Medical Benefits: All necessary and reasonable medical treatment, prescriptions, and hospital services related to the work injury are covered.
• Temporary Disability Benefits: If an injured worker can’t return to work due to the injury and the worker is under active medical care, they may be eligible for these benefits, which typically equate to 70% of their average weekly wage, up to a maximum state-set limit.
• Permanent Partial Benefits: If a work-related injury or illness results in a permanent partial disability—meaning a partial loss of function to a body part or system which is permanent—benefits are based on the specific type of injury or impairment.
• Permanent Total Disability Benefits: These benefits apply to workers who are permanently and totally disabled as a result of a work-related injury or illness.
• Death Benefits: If the work-related injury or illness results in death, dependents and/or the spouse of the deceased may be eligible for benefits.

Reporting an Injury

If an employee is injured or becomes sick due to their job, they should immediately notify their employer. The employer then has a responsibility to file a claim with their insurance carrier, ensuring the injured worker receives the necessary medical treatment.

Returning to Work

If an employee’s physician clears them to return to work, whether it’s for light-duty or full duty, the worker must comply. Failing to return could result in a termination of benefits.

Disputes and Appeals

If there’s a disagreement between the employer (or their insurance carrier) and the injured employee over entitlement to benefits, the employee has the right to file a formal Claim Petition or an Application for an Informal Hearing with the Division of Workers’ Compensation.

No Retaliation

New Jersey law protects employees from retaliation by employers for filing a workers’ compensation claim or testifying at a workers’ compensation hearing. If an employee is fired, demoted, or otherwise treated unfairly for claiming or attempting to claim workers’ compensation benefits, they may have grounds for a lawsuit against their employer.

Why Consider Third-Party Liability?

While workers’ compensation can provide essential benefits, it might not cover the entirety of an injured worker’s losses. This is particularly true if the injury results in long-term disability, significant loss of life’s pleasures, or substantial pain and suffering—none of which are compensable under standard workers’ compensation policies.

Scenarios for Third-Party Claims in Construction Accidents

Several situations can give rise to third-party claims:

• Defective Equipment or Machinery: If a worker’s injury results from malfunctioning or inherently dangerous tools, machinery, or safety equipment, the manufacturer or distributor of that equipment may be liable.
• Negligence of Subcontractors or Other On-site Parties: Construction sites often involve multiple contractors and subcontractors. If the negligence of one leads to injury of a worker from another company, there might be grounds for a claim.
• Vehicle Accidents on Site: If a worker is injured by a vehicle that’s not associated with their employer, the vehicle’s driver or owner may be held liable.
• Dangerous Property Conditions: If the owner of the property on which construction is occurring fails to disclose known hazards or dangers, they could be liable for resulting injuries.
• Toxic Substance Exposure: If workers are exposed to toxic substances leading to illnesses or injuries, the manufacturer or supplier of those substances may be sued, especially if they failed to provide adequate warnings.

Benefits of Third-Party Claims

Pursuing a third-party claim can offer several advantages:

• Comprehensive Damages: Unlike workers’ compensation, personal injury lawsuits allow recovery for pain and suffering, full lost wages, and loss of life’s pleasures.
• No Limitations: Workers’ compensation can have caps or limits on certain benefits. Third-party claims don’t have these predefined limits, potentially leading to more substantial compensation.

Steps to Take After a Construction Accident

• Seek Medical Attention: Your health is the priority. Ensure you get the medical care you need immediately after the accident.
• Report the Incident: Notify your employer about the accident and your injuries.
• Document Everything: Gather as much evidence as possible, including photographs, witness information, and details about the circumstances surrounding the accident.
• Consult an Attorney: Before navigating complex third-party claims, seek guidance from experienced lawyers who understand the intricacies of New Jersey’s laws surrounding construction accidents and third-party liability.

Contact an Experienced Injury Attorney at Hartman Duff, LLC for a Free Consultation About Your Case Today

While workers’ compensation is a crucial safety net for many injured workers, it might not always offer complete relief. When third-party negligence is involved in a construction accident, injured workers have the right—and often, a financial need—to explore additional avenues for compensation.

At Hartman Duff, LLC, our team of seasoned attorneys understands both the physical and emotional trauma of construction accidents. We are committed to helping injured workers in New Jersey explore all available avenues for recovery, ensuring they receive the compensation they need and deserve.