Newark Construction Accident Lawyer

Who Can Be Liable in Construction Accident Cases

To prove liability in the construction accident case, you have to first have an idea of the parties that could be liable.

Construction companies are often the liable parties. They’re responsible for providing a safe work environment. New Jersey requires that construction companies take every reasonable step to protect their employees. This includes providing the right safety equipment, maintaining all equipment, and more.

If the company failed in any of these and that caused an accident, it’s likely the company is to blame.

General contractors could also be liable. They’re the ones who have to oversee the entire project, and they have a duty to make certain all safety protocols are in place. If the accident occurs because of their inability to keep a safe work area or ensure everyone complies with regulations, they could be liable.

Subcontractors and independent contractors could also be on the line. General contractors hire subcontractors to carry out certain tasks within the construction project. If they fail in their duty to keep workers safe, they may be liable. In some cases, you could hold both general contractors and subcontractors liable.

Property owners and developers also have a duty of care toward those who work on their land, even if they’re not involved in the everyday operations. They have to ensure the construction site meets safety standards.

The manufacturers and suppliers of the machinery and equipment for a construction site could be liable if their equipment malfunctions. In many cases, you can bring a product liability claim against them.

There may be other parties involved in the construction project, like architects, consultants, engineers, and more. If their negligent actions led to the accident, you may be able to file a claim against them.

What You Need to Prove in Construction Accident Cases

There are a few key requirements to prove liability. The first is to show that the party had a duty of care toward you. In construction sites, the people in charge, from the company that hired you to the general contractor, have a duty to keep all workers safe while on the premises.

You must then show that the liable party somehow breached that duty of care. That means demonstrating that they cut corners, didn’t enforce safety regulations, or engaged in other negligent actions.

The next thing to prove is that the other party’s negligence led to your injuries and that you can be compensated for them.

How a Lawyer Can Help When Filing a Workers’ Compensation Claim or Personal Injury Claim

Many people assume that filing a workers’ compensation claim is easy and quick. That’s not always the case.

The problems could begin with the mere need for your employer to file a workers’ compensation claim. They have 21 days to do so, but if you see that they’re dragging their feet or don’t intend to file, you need to have a lawyer by your side.

If your employer knows that you have representation, they’ll be less likely to try to delay the process.

Employers could also downplay your injuries. They will likely have lawyers on their side who deal with these kinds of claims, so you need to have equal representation if you want them to treat you fairly.

Having a lawyer could also help you attain higher settlements. They will work aggressively and tenaciously to identify everyone liable so that you can maximize your claim.

Gathering evidence is a crucial part of the process of proving that you received an injury because of negligence. This isn’t always easy to do on your own, especially if you’re dealing with injuries. When you hire a lawyer, they will work hard to gather the necessary evidence.

Lawyers with experience in this field usually have access to expert witnesses who can provide their input and even offer accident reconstruction services.

You also need to remember that filing any kind of claim means lots of paperwork. Someone who’s struggling with injuries, as well as the stress of missing work and potentially having lasting disabilities, can really struggle to focus on filling out forms or meeting deadlines.

You may not even realize you’ve run out of time to file a claim until it’s too late. When you have a lawyer helping you, they will handle all of this for you so you can focus on healing.

workers’ compensation doesn’t cover pain and suffering, and for severe injuries, it could also not offer enough compensation to cover your needs. In those instances, your lawyer can focus on establishing all the negligent parties so that you can file a personal injury claim.

When you turn to a lawyer, you don’t have to worry about dealing with insurance companies on your own. Negotiating with them is complex, and they may try all manner of tactics to get you to give up your claim. With lawyers by your side to do the negotiating for you, you have one less thing to worry about.

Many times, people assume they don’t need a lawyer because their claim is going smoothly. That could mean you are not being made aware of all of your rights. A lawyer will ensure you’re getting a fair deal.

The Role of OSHA and Safety Regulations

The Occupational Safety and Health Administration (OSHA) is a government agency that regulates and legislates workplace safety. President Nixon formed the agency in 1970 to provide safe working conditions for men and women by offering training, outreach, and more.

OSHA safety standards are the rules that outline the various methods employers must put in place to ensure the safety of their employees. Each industry has its set of OSHA standards, and that includes the construction industry.

The Hazard Communication Standard is a federal regulation that requires construction sites to have adequate information on the various potential hazards of the chemicals on site. Construction sites have to alert all employees about these hazards, usually via a material safety data sheet.

Eye and face protection is another regulation OSHA imposes. It requires employers to provide adequate eye protection to workers who may be exposed to molten metal, flying particles, acids, and any other substances that can harm the eyes.

Another important standard is training requirements. Workers must have the right level of training to work at construction sites. Employers have to require certifications.

General requirements for scaffolding are another OSHA standard. All scaffolding at a work site has to meet certain safety standards.

OSHA also has a standard called the duty to have fall protection, which requires that workers have functional and safe guardrails as well as harnesses or safety nets when they’re working more than six feet above a lower level.

Despite OSHA’s inspection efforts, thousands of job sites get significant fines each year for not adhering to the general standards.

How Garces, Grabler & LeBrocq Can Help in Newark

Construction sites are among the most dangerous worksites. Falls, electrocutions, and many other types of accidents can occur, leading to catastrophic injuries that could impact all aspects of your life.

At Garces, Grabler & LeBrocq, we have decades of experience helping people throughout New Jersey who have been in construction accidents. We have a client-centric approach that helps us provide not only the legal guidance our clients need but also the emotional support they deserve.

If we take on your case, you can expect fierce litigators by your side. We’ll never under-settle your claim. We prepare each case for court so that we’re ready to fight for what you need to cover your bills.

We pride ourselves on our communication. It’s tough to have to deal with the long wait times that claims sometimes force on you, so we keep you updated regularly.