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New Jersey Construction Accident Attorneys

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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New Jersey Construction Accident Attorney Seeks Compensation from Hazards

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:

  • Falls: unprotected sides, edges, and holes; improperly constructed walking/working surfaces; improper use of access equipment
  • Struck-by: rigging failure, loose or shifting materials, equipment malfunction, lack of overhead protection, vehicle and equipment strikes, flying objects
  • Electrocution: contact with overhead power lines, contact with live circuits in panels, poorly maintained cords and tools, lightning strikes
  • Caught in or between trench/excavation collapse, rotating equipment, unguarded parts, equipment rollovers, equipment maintenance

Although OSHA has put safety regulations into place to protect construction workers, work zones are dangerous, and workers are highly susceptible to injuries.

“New Jersey holds a special place in our hearts, particularly its people. We have dedicated ourselves to establishing a firm known for being staunch advocates for the residents of New Jersey, providing top-tier legal representation in their pursuit of justice.”

Dawn M. Pinnisi

Founding Partner

 Wooden board falls on a young worker's head.

Other causes of construction site accidents

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:

  • Explosions: there are chemicals and fire hazards throughout construction sites, and if they are mishandled, they can spark and cause an explosion. Workers can suffer severe burns after a fire or explosion.
  • Faulty railings: construction workers often work on half-finished buildings, and some risks come with that. However, when a stairway or railing is not built correctly, it can lead to workers falling and sustaining catastrophic injury.
  • Structural collapses: while buildings and other structures should be stable, if they fall when workers are inside or nearby, it causes fatalities and devastating injuries. Crush injuries are common among survivors of these falls.
  • Toxic chemical exposure: construction workers must have respiratory equipment to prevent them from inhaling toxic chemicals. There is also other protective gear you will need. When an employer fails to provide the proper equipment and exposes you to toxic chemicals, you can suffer lung damage and chemical burns.
  • Equipment failures: all construction equipment must be working correctly, and if there is faulty equipment or poor maintenance, it can lead to injuries. Training workers to use the equipment properly can prevent accidents.

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Dangers at roadway construction sites

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.

Common construction site injuries

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:

  • Broken bones
  • Back and neck injuries.
  • Spinal cord injury
  • Traumatic brain injury
  • Amputations
  • Toxic chemical exposure illnesses
  • Disfigurement and scarring
  • Injury to the knee, ankle, and foot
  • Shoulder injuries
  • Electrocution
  • Eye injuries

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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.

In The Media

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DECEMBER 9, 2019

Dawn Pinnisi Rehabilitates Personal Injury’s Image

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 article

Who Is Responsible for Construction Workers’ Injuries?

Normally 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.

Employer Negligence in Construction Accidents

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:

  • Providing unsafe work conditions
  • Poor instructions are given to employees
  • Failing to provide proper training for employees (i.e., how to handle hazardous chemicals)
  • Improper maintenance of construction equipment

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.

Are You Inside of the Time Frame to File a Lawsuit in NJ?

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.

New Jersey Construction Accident Lawyer

Statute of limitations for construction accidents

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.

New Jersey Construction Accident Lawyer. Aggressive Representation for Your Legal Dilemma

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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Contact our attorneys near your area to learn more about how we can represent you effectively and aggressively. Our team consists of attorneys and legal professionals who are proud to advocate for clients in New York, New Jersey and Florida.

Steps To Follow in Case of a Construction Accident

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:

  • Get medical care. Seek medical assistance quickly, even if your injuries seem minor. If you access medical care immediately following an accident, you safeguard your physical well-being by addressing your injuries. Also, medical records help document your injuries and the extent of your damages. Your lawyer will use this document as evidence in your claim or lawsuit.
  • Document the incident. Gather as much information as possible about the incident. You can take photos or videos of any hazardous conditions, equipment, or machinery involved. Record the date, time, and location of the incident, which can help strengthen your case and provide evidence of negligence or unsafe conditions.
  • Report the injury. Inform your supervisor/employer about the accident and injuries immediately. In New Jersey, you have 14 days to report a work-related injury in writing to your employer. Failure to report on time could potentially impact your workers’ compensation claim.
  • Obtain witness contacts. If people witnessed the accident, obtain their contact information. Witnesses can provide testimony to support your claim or establish third-party liability.
  • Contact a construction accident attorney. It is always advisable to consult with a construction accident attorney from Varcadipane & Pinnisi, P.C. We will assess the viability of your case and protect your rights and interests. Our attorneys understand the NJ applicable laws and regulations and can help you gather evidence, file claims, carry out negotiations, and if necessary, litigate your case.

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.

The Responsibility of a Contractor in Workplace Safety

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.

New Jersey construction site

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The following are some key aspects of a contractor’s responsibility for workplace safety:

  • Compliance with safety standards. Contractors are required to comply with applicable safety regulations established by the Occupational Safety and Health Administration (OSHA) and the New Jersey Department of Labor and Workforce Development (NJDOL). These policies cover various aspects such as fall protection, proper use of safety equipment, hazard communication, electrical safety, and others.
  • Training and safety programs. General contractors must properly train their workers on safety procedures, equipment usage, and potential hazards in the workplace. This includes onboarding training for new employees and ongoing training to address any changes or updates in safety standards. Contractors should also establish and maintain safety programs that facilitate identifying and mitigating workplace hazards.
  • Safety inspections and reporting. The contractor should conduct regular safety inspections of the worksite to identify potential risks and hazards. They should correct any identified hazards promptly to prevent accidents. Contractors are also responsible for reporting all work-related injuries, illnesses, or incidents to the NJDOL, per the reporting requirements specified in our state’s laws.
  • Subcontractor oversight. Contractors hiring subcontractors are responsible for ensuring that subcontractors also adhere to safety regulations and standards. They should assess and verify the safety practices and training of subcontractors before allocating work to them.

Safety Tips To Avoid Harm in Construction Accidents

The Occupational Safety and Health Administration (OSHA) highlights several safety tips to avoid injuries in construction accidents.  Some of the top safety tips are:

  • Wearing personal protective equipment (PPE) designed for the jobs workers are doing
  • Using safe lifting techniques and equipment to lift heavy loads
  • Avoiding electrical hazards like working near power lines, electrical panels, and other high-voltage equipment
  • Using fall protection equipment such as harnesses, lifelines, and guardrails when working at heights
  • Controlling hazards, including chemical, physical, and biological hazards
  • Using appropriate tools and equipment for their job
  • Communicating about potential hazards, dangerous situations, and other relevant information to ensure everyone’s safety

How Do I Know If I Have a Construction Accident Case?

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.

Other Cases We Handle in New Jersey

Car Accidents, Motorcycle accidents, Truck AccidentsSlip and Fall Accidents, Wrongful Death, Legal Malpractice, Medical Malpractice, Birth Injury, Negligence, Product Liability, and Dog Bites.

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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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