Immediate Concerns
What should I do first if I’m injured on a construction site?
Report the accident right away, get medical treatment, and document what happened with photos and witness names. Then speak with a construction accident lawyer in Union County before talking to insurance adjusters.
Do I need to report the accident to OSHA in New Jersey?
Not every accident must be reported to OSHA, but serious injuries, hospitalizations, and fatalities require employer reporting. Even if OSHA isn’t involved, your lawyer will use safety violations as evidence in your case.
Should I see a doctor even if the injury seems minor?
Yes. Some injuries, like concussions or back trauma, worsen over time. Immediate medical records also strengthen your legal claim.
Liability & Compensation
Can I sue my employer for a construction accident?
In most cases, your employer is protected by workers’ compensation laws. However, you may still sue a subcontractor, equipment manufacturer, or property owner if their negligence caused your injury. For a faster process, it’s advisable to hire a Construction Accident Lawyer who specializes in this sort of situation.
What if a subcontractor or third party caused my injury?
You may file a lawsuit against that third party while still collecting workers’ comp. This is common in construction cases where multiple companies are on site.
What damages can I recover beyond workers’ compensation?
Workers’ comp only covers medical costs and part of lost wages. A third-party lawsuit can also recover pain and suffering, full lost income, future medical care, and permanent disability compensation.
Who pays my medical bills after a construction accident?
Initially, workers’ compensation pays. If a third party is liable, their insurance may also be required to cover your damages.
Workers’ Compensation vs. Lawsuit
What’s the difference between filing a workers’ comp claim and a lawsuit?
Workers’ comp is no-fault and pays limited benefits quickly. A lawsuit requires proving negligence but can result in much higher compensation.
Can I pursue both workers’ compensation and a third-party lawsuit?
Yes. Many injured workers do both, and a lawyer can manage the claims so benefits and damages don’t overlap. But as always, it’s a case to case basis. Get the advise of your Construction Accident Lawyer to properly understand if it’s viable or not.
How long does it take to get workers’ compensation benefits in NJ?
Medical treatment usually begins right away. Wage benefits may take a few weeks depending on how quickly your claim is processed.
Legal Process
How long do I have to file a construction accident claim in New Jersey?
You have two years from the date of injury to file a lawsuit. Workers’ compensation claims must also be filed promptly.
Do I need a construction accident lawyer, or can I handle the claim on my own?
You can file a workers’ comp claim without a lawyer, but insurance companies often deny or minimize benefits. An experienced construction accident lawyer in NJ can maximize your recovery and pursue additional claims.
How much does it cost to hire a construction accident lawyer?
At Portnoi & Reed, we work on a contingency fee — you pay nothing upfront, and we only get paid if we win your case.
How long will my case take to settle?
Workers’ comp cases may resolve within months. Third-party lawsuits can take longer, often a year or more, depending on the complexity of the case and whether it goes to trial. Hiring a well-informed and competent Construction Accident Lawyer can definitely speed up the process.
Specific Situations
What if I was an undocumented worker injured on a NJ construction site?
You still have rights to workers’ compensation benefits, and in some cases, you can file a third-party claim. Immigration status does not cancel your right to compensation.
Can I get compensation if safety equipment wasn’t provided?
Yes. Failure to provide hard hats, harnesses, or other protective gear can be strong evidence of negligence in a lawsuit. You can learn more about this from your Construction Accident Lawyer.
What if my injury prevents me from returning to construction work?
You may be eligible for permanent disability benefits under workers’ comp, plus future lost earnings and retraining compensation through a third-party claim.
Can families file a wrongful death claim if a worker is killed?
Yes. Surviving family members may file for workers’ comp death benefits and also pursue a wrongful death lawsuit against negligent third parties.
👉 Next Step: If you’ve been hurt in a construction accident in Union County, call The Law Office of Portnoi & Reed P.C. at (908) 228-8800 or contact us online for a free consultation. We’ll review your case, explain your rights, and fight to recover full compensation.
