Common Question and Answers by New Jersey Construction Accident Lawyer
Working in the construction field is obviously risky because there you have to work on height, risk your life with dangerous equipment and so on. But if you are recently involved in an accident where you consider other to be responsible for giving you these injuries then it is best you first learn what your case is with your construction accident lawyer.
Commercial sites are indulged with risks and uncertainties, there occur many accidents, these accidents are resulted due to various reasons, there can be genuine problems or there can be negligence involved. These sites are full of hazards that can cause injuries and even severe fatalities too. You may not be aware that the construction site is considered to be one of the deadliest jobs and this is definitely the bitter truth. Also, the workers who are taking a high risk on life and going for the work must get the right safety measures as well as the right treatment. If you or someone you know has been recently involved in a serious construction accident then you probably have to make sure that the root cause of the accident is known to you. Construction laws are very vast, as it found to be a dangerous job, the laws pertaining to it is very strict, if you believe that the accident occurred was someone’s carelessness maybe by not maintaining safety ethics, work ethics, not providing adequate training, not reaching the equipments or any other reason then you certainly shouldn’t wait longer and instead head on to a New Jersey construction accident lawyer to get you the fair compensation for the losses that have arose after an accident.
In many of the cases, the worker can seek benefit of the worker’s compensation wherein they have the ability to collect compensation for medical expenses, lost wages, salary, or any other petty expenses that are provided as a benefit to the worker after the accident at the site. There are also cases wherein the victim tries to sue their employer for showing a high amount of negligence that has resulted in severe or permanent injuries. These kind of cases are usually the one wherein the law exempts the worker’s compensation and consider your case as “grave injury”, this is referred to as an injury so serious that it requires long-term consideration from medical professional. First, you can plan to hire an expert who has knowledge in this so they will monitor your case and learn whether your case is considered as a gravy injury case or no.
The damages incurred to you most obviously have physical damages, injuries, the pain, and suffering, emotional trauma, loss of enjoyments, loss of love, the other damages are psychological damages that can be noticed and understood only be a medical professional who deals with psychological problems. There are also special damages wherein you are losing your earning capacity as you are unable to work due to your current condition after the injuries. Apart from that, you may also be unable to live the life you used to live, the activities that you used to do like any hobby, for example, cycling, swimming, morning walks or any other routine habits are now completely stopped. For situations like this, your New Jersey construction accident lawyer will have a detail consideration for your damages and they will calculate the compensation as well.
Let me give you an example: If you are working at a construction site and there was some equipment left on the way at a height, the negligence was shown by the site inspector which led to a slip and fall incident that resulted into serious injuries.
Second example: If you are provided with any equipment and told to use it without giving adequate training of how it is used, and those equipment are worked on electricity, later it was found that you electrocuted and got some serious injuries, here the negligence was shown by the employer for not providing you training. Thus depending upon the case of yours and the reason behind the accident the responsible party is identified.
You are restricted to filing a worker’s compensation and generating the money from there, there are less chances of suing your employer for showing the negligence, as discussed earlier only in special situations that is in “grave injury” case you are allowed to file a lawsuit, not alone but with the help of accident lawyer who would first learn your case and then inform you whether you have the ability or strong point for filing a case against your employer. Also in the third party is responsible or faulty then you can definitely claim against them by filing a lawsuit and seeking justice. It is important to learn how severe is your case, once you are aware of it, you can plan for further actions.
Any employer found firing you from the job simply because you filed a lawsuit against them will be considered as doing illegal activity, as under section 120 of the worker’s compensation law the employers are not allowed to terminate their workers simply because they have filed a case against them. Those employers will have another case upon them that is wrongful termination, and so they will be found messed up in 2 cases one is a construction accident and the other to be wrongful termination. If your employer has terminated you, then you definitely have to secure every piece of evidence for this point too, any conversation you will have with them should be preserved, your New Jersey construction accident lawyer will definitely help you with this, they will give you enough guidance and support and truly consider your case in a better way.
Thus it is important to not wait for any further and learn what your construction site case is, without any research don’t come up to any conclusion, you may find yourself messed up and stuck up in between if you start with the wrong mentality of filing lawsuit when the case does end up only with the workers compensation, so all the best and make the right deal for you.
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ABOUT THE AUTHOR
In a serious construction accident case, identifying what rights you hold as a victim becomes very important, so make sure you are not delaying with the case process and deciding to hire the right New Jersey construction accident lawyer as early as possible. So you will quickly start up your case and make the right move as well.