Can I sue my employer if I get hurt at a New Jersey construction site?
Brandon J. Broderick, Personal Injury Attorney at Law
Construction is a dangerous profession, and New Jersey is no exception; unfortunately, injuries happen daily on job sites.
When these things happen, you might wonder if you can sue your employer on a construction site in New Jersey, especially if negligence is involved. Negligence is the failure to properly care for something, especially regarding safety procedures in the construction zone.
After an injury, your next step should be to?apply for workers’ compensation benefits?and seek financial assistance for underlying damages and expenses. If you’re unsure about the process or have questions, our experienced lawyers can help you with the next steps of your claim.?
However, you can only sue an employer for a work-related injury in the state of New Jersey if you are "intentionally wronged." But this doesn’t mean you’ll be looking at financial trouble if you’re out of work; rest assured that there are options and other avenues to receive compensation. You are able to sue your employer for an intentional wrong if you can prove the employer knew about a hazard prior to injury. You may also be entitled to compensation through a?third party lawsuit.?
How Does Workers’ Compensation Work?
In accordance with the?New Jersey Compensation Act, workers who suffer from a work-related injury can receive adequate compensation with 'fair and timely' benefits. All New Jersey employers are required to carry Workers’ Compensation insurance for their employees.
Most injuries at work are considered "no-fault" in New Jersey law, which means you'll receive compensation for any work-related injury or illness regardless of whether it was your fault.
Furthermore, a fair amount of your claim will include non-economic damages, which is the amalgamation of pain, suffering, and mental trauma you've sustained as a residue of your injury/illness.
If you receive any injury or illness at work, you are most likely entitled to financial compensation and should file for workers' compensation immediately. Since you cannot sue for negligence in a court of law, this is the next best thing you can do.
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Eligibility for Workers Compensation
To be eligible for workers' compensation in New Jersey, you must meet the following two requirements:
First, the injury must occur at the workplace while you are working.?
Second, you must be able to prove that you sustained an injury while at the site.?
Intentional Wrong
When accepting a job, you expect the work environment to be safe and free from personal harm. However, there are times when employees fall victim to injury on the job due to an intentional wrong on the part of the employer; this is the only instance you can sue an employer of a construction site in Jew Jersey for a work-related injury is if they perform an intentional wrong.
An intentional wrong is an act against employees that intentionally or knowingly caused injury at the workplace.?
An example is exposure to?harmful materials?that cause terminal illness (such as asbestos). Of course, for this to be a valid case in a court of law, it must be proven that the employer had deliberately exposed their employees with the certainty illness would have occurred.