Construction site in the sunset

The Key Construction Laws/Labor Laws in New Jersey That Protect Injured Construction Workers

By Greg Kohn

Construction workers have the right to work in a safe environment. Construction workers have the right to receive compensation and medical care if they are injured on the job. However, construction laws and labor laws in New Jersey may provide additional protections for injured construction workers. Our New Jersey construction accident lawyer discusses these protections in this blog and what to do if you are injured on a construction site in New Jersey.

Rights of Construction Workers in New Jersey 

State labor and safety laws and federal regulations issued by the Occupational Safety and Health Administration (OSHA) outline numerous labor and safety laws that protect construction workers. Some of the important rights construction workers have in New Jersey include:

  • The right to receive adequate safety training and equipment 
  • The right to work with safe machinery, equipment, and tools 
  • The right to report work-related illnesses and injuries and to receive workers’ compensation benefits without the fear of being fired or employer retaliation 
  • The right to be provided personal protective equipment when required to work with or near toxic chemicals or materials
  • The right to inspect an employer’s records for workplace injuries and safety violations
  • The right to receive copies of their medical records for treatment of a construction site injury or illness
  • The right to be notified of their rights and assistance when filing a workers’ compensation claim 

The construction industry is one of the most dangerous fields for workers. The New Jersey Department of Labor and Workforce Development enforces labor and safety laws in New Jersey. However, holding a construction company, employer, or third party liable for damages can be challenging. A New Jersey construction accident lawyer can help. 

Workers’ Compensation and Third-Party Claims for Construction Accidents in New Jersey 

New Jersey’s workers’ compensation laws protect injured workers by providing medical treatment, wage replacement, and permanent disability compensation to construction workers injured on the job. An injured construction worker has the right to file a claim and receive benefits. 

The worker should not be required to pay for medical care and treatment provided the worker is treated by a medical provider authorized by the employer or workers’ comp insurance company. Suppose a construction worker is out of work because of an injury. In that case, they can receive temporary total disability benefits of 70% of their average weekly wages, not exceeding 75% of the state’s average weekly wage.

Unfortunately, workers’ compensation does not pay for all the damages a construction worker sustains because of a construction accident. However, the worker might be entitled to file a construction injury lawsuit against a third party

Typically, injured workers cannot sue their employer when they are covered by workers’ comp. They might have a lawsuit against a negligent third party such as:

  • Contractors
  • Construction site owners
  • Equipment manufacturers
  • Engineers and architects

A third-party lawsuit provides additional compensation for economic damages. It also compensates the worker for non-economic damages (pain and suffering). Workers’ comp does not pay benefits or compensation for a construction worker’s pain and suffering. 

Schedule a Free Consultation With Our New Jersey Construction Accident Attorney 

Our New Jersey construction accident attorneys at Nagel Rice, LLP advise you about all legal options to recover compensation and benefits for a construction injury. Call our law firm to schedule a free case evaluation with an attorney. We are here to help you with a workers’ compensation claim. We will also explore third-party claims if applicable.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.