Construction zones have a reputation for being hazardous for a good reason: they are. In this way, Construction workers are at risk of being struck by objects or construction equipment, unguarded machinery, slip and falls, and falling from significant heights, along with a myriad of other hazards.
According to a 2020 report performed by the U.S. Bureau of Labor Statistics, 17 construction trade workers lost their lives to such hazards. So, this means 17 workers never saw their loved ones again, unaware that they were saying their last “goodbye” that morning before heading off to work.
If you have been a victim or lost a family member due to a construction accident, know that you are not alone. The New Jersey construction accident attorneys of Varcadipane & Pinnisi, P.C. have recovered millions of dollars for construction accident victims. The law office of Varcadipane & Pinnisi, P.C. includes certified civil litigation trial attorneys, placing you in good hands if your case goes to trial. Contact us now for a free consultation!
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In the most recent study performed by the Occupational Safety and Health Administration (OSHA), the construction industry is responsible for one in five worker deaths each year.
“The Construction Focus Four Training,” developed by OSHA, identifies the top four hazards as falls, caught-in or between objects, struck-by objects, and electrocution.
Below are the primary causes related to each hazard:
Although OSHA has put safety regulations into place to protect construction workers, work zones are dangerous, and workers are highly susceptible to injuries.
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According to OSHA, there are many other causes of construction site accidents that are not as common. These incidents are less common but not less dangerous:
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Construction exists to move all New Jersey industries forward, and while there are dangers at any construction site, one has unique dangers not found on others: roadway construction. The leading cause of worker fatalities on railroad construction sites is vehicles backing up or running over workers. The vehicles most often at fault are construction vehicles like dump trucks. While the risk is present in all construction zones, it is prevalent on railway New Jersey construction sites.
With so many possible accidents at a construction site, workers will suffer plenty of injuries. You will require extensive medical treatment, and it can take years to recover to a comfortable position. Some examples include:
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The most tragic result of a construction site accident is the death of a worker, which is sadly far too familiar. The Bureau of Labor Statistics reported 2.9 million workplace injuries and illnesses in 2016. The most frustrating aspect for workers and New Jersey-certified civil trial attorneys is these accidents and injuries are entirely preventable, and construction employers are unwilling to recognize the error of their ways.
DECEMBER 9, 2019
At Varcadipane & Pinnisi, P.C. Dawn Pinnisi fights back against the public’s misconceptions of personal injury lawyers, dedicating her life to easing her clients’ burdens.
When Dawn Pinnisi started her career as a young lawyer in 2000, what struck her the most was the dearth of female colleagues in her line of work. “When I entered the trial part courtroom, I could count on one hand the number of women in the room,” she says.
Now, as a founding member of the New York and New Jersey-based litigation firm Varcadipane & Pinnisi, P.C., she works tirelessly to not just advocate for her clients, but for other women in the legal field as well.
read the articleNormally if a construction worker is injured while on the job, they are eligible to receive workers’ compensation. Subsequently under the New Jersey Workers’ Compensation Law (N.J.S.A. 34:15-40), even if an employee files for workers’ compensation, they would still be able to file a claim against a third party. Additionally, it is always wise to consult with an NJ construction attorney to ensure you are being compensated fairly.
An employer can be found negligent if they fail to use reasonable care and an employee is injured as a result. Anytime an employer fails to meet OSHA standards, they put their employees in grave danger.
Employers can be found negligent for the following reasons:
Although an employer may be negligent, this is not usually a sufficient basis to sue your employer in New Jersey or New York. Above all courts usually find an employer responsible for a construction accident if it can be proven that they put their employees intentionally at risk. In addition, each case has its own set of circumstances, always consult with a seasoned attorney.
The statute of limitations for your personal injury case is 2 years. Exceeding it can severely limit or completely invalidate your legal options for seeking compensation. Act swiftly to ensure your rights are preserved and explore your legal recourse before time runs out, otherwise, the likelihood of pursuing your case successfully may diminish considerably. However, if your claim is against a public entity, your timeframe can be significantly shorter.
All construction accident claims have a statute of limitations or a timeline where victims can take legal action. Once the deadline passes, you have fewer legal options and may be unable to recover compensation. You cannot allow these deadlines to pass because you will lose your rights to compensation. New Jersey has a two-year statute of limitations for all personal injury accidents. However, you cannot wait until right before the deadline to file a claim. You must begin an insurance claim immediately and show the state you seek legal recourse.
Time is of the essence once a construction accident occurs. So, If you have been injured in a construction accident, it is crucial to speak with an attorney to better understand your rights pertaining to your specific situation. The attorneys at Varcadipane & Pinnisi, P.C. can help you make an informed decision. Contact us today to set up your confidential free consultation.
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Following an injury on a construction site or in a road work zone, you can be entitled to workers’ compensation benefits, compensation due to third-party negligence, or both. Regardless, there are some steps to take to protect your rights, including the following:
These steps can vary based on the unique aspects of your construction accident case. The best way to know what to do is to immediately consult with a construction accident attorney who will provide personalized guidance.
In New Jersey, contractors have important responsibilities when it comes to workplace safety. The state’s laws and regulations outline the specific responsibilities to ensure workers’ well-being and prevent accidents and injuries on construction sites. Contractors must adhere to all safety regulations to provide a safe working environment.
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The following are some key aspects of a contractor’s responsibility for workplace safety:
The Occupational Safety and Health Administration (OSHA) highlights several safety tips to avoid injuries in construction accidents. Some of the top safety tips are:
Usually, if you were on the job when you got injured, you can seek benefits for your injuries from workers’ compensation. So long as you can prove your injury was work-related, you have a valid construction accident claim for the on-the-job incident.
But sometimes, your employer may try to deny your claim. They could argue that the accident happened because you were working while impaired or doing something you’re not supposed to. They might allege your injury was pre-existing or something similar.
That’s where our NJ construction accident lawyers come in. We will evaluate your case, determine if your claim is valid, and help you through the process to ensure you’re fairly compensated.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.
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