An injured New Jersey construction worker may have a workers’ compensation claim and a claim against another negligent party after a job site injury. Workers’ comp benefits come through the employer, while a separate claim may allow recovery from a third party whose negligence caused the injury.
You may pursue both claims at once
An injured worker does not have to choose between employer benefits and a separate personal injury claim. In some construction cases, both can move forward at the same time because they address different parts of the loss. New Jersey’s protections for injured workers outline basic benefits after a job-related injury, but those benefits do not block a separate claim against a negligent party that is not your employer.
Who besides the employer may be liable?
On a construction site, liability may extend beyond the company that hired the worker. Another contractor, a property owner, a delivery company or an equipment manufacturer may have created or failed to fix a dangerous condition. Common examples include:
- A subcontractor that creates a falling-object hazard
- A property owner that ignores an unsafe condition
- A driver that strikes a roadside worker
- A manufacturer that supplies defective equipment
The key question is whether someone outside the injured worker’s employer had a duty to keep the site, equipment or surrounding work activity reasonably safe and helped cause the injury.
A third-party claim may cover more losses
A separate claim may allow an injured worker to seek damages that employer-provided workers’ compensation benefits do not cover. Depending on the case, that may include pain and suffering, the full amount of lost income or other losses tied to the injury.
That difference often explains why identifying all potentially liable parties matters after a serious construction accident.
Early evidence can shape both claims
A separate lawsuit may grow out of the same job site injury that led to workers’ compensation benefits, but the two claims may involve different defendants, evidence and damages. A separate claim may depend on site evidence controlled by other companies, not the employer. A lawyer can help identify who may be liable and preserve the evidence before it disappears.