Common Misconceptions about Construction Accident Claims in New Jersey

After a serious construction accident, you are in pain, out of work, and worried about your family. It's a confusing time. Friends, coworkers, and even your boss might give you advice about what to do next. They mean well, but a lot of what people think they know about construction accident claims is just plain wrong.

Believing these common myths can hurt your case. It can stop you from getting the full amount of money you and your family need to recover. The truth is, the laws around construction injuries are specific, and you need the right information to protect yourself.

After a New Jersey construction accident, misinformation can be as damaging as the injury itself. Believing the wrong thing can stop you from getting the full compensation your family needs. Here at Levinson Axelrod, we debunk the most common myths about New Jersey construction accident claims. If you have questions, call us for a free talk with a New Jersey construction accident lawyer as soon as possible.

Myth #1: "Workers' Comp Is the Only Money I Can Get."

This is the biggest and most costly myth. Many workers believe that because they get workers' compensation, they cannot get any other money.

The Fact: Workers' compensation is your first step. It is the insurance your employer provides to cover your medical bills and a part of your lost wages. The law says that in most cases, you cannot sue your direct employer. This is called the "exclusive remedy" rule, found at N.J.S.A. 34:15-8.

However, you can absolutely file a separate personal injury lawsuit against a "third party." A third party is any other person or company whose carelessness contributed to your injury. On a construction site, this could be:

• The general contractor ran an unsafe site.
• A different subcontractor whose workers created a hazard.
• The manufacturer of a defective tool or machine.
• The owner of the property.

This third-party lawsuit is where you can get money for your pain and suffering, which workers' comp does not cover. Our experienced NJ injury attorneys know how to find these claims.

Myth #2: "An OSHA Violation Automatically Wins My Case."

Many workers know that the Occupational Safety and Health Administration (OSHA) sets safety rules for construction sites. It makes sense to think that if your boss broke a rule, your case is an automatic win.

The Fact: An OSHA violation is very powerful proof, but it does not automatically win your case. An OSHA violation is strong evidence that a company was careless. Our attorneys use these violations to build a strong argument for negligence. But it is just one piece of the puzzle. Our experienced NJ construction accident attorneys know how to use an OSHA report, along with witness testimony and expert opinions, to prove that a company's failure to follow the rules is what caused your injury.

Myth #3: "The Property Owner Is Always Responsible for Accidents."

When an accident happens at a house or on a piece of private land, it's easy to assume the owner of the property is the one who has to pay.

The Fact: In most construction accidents, the responsibility for safety falls on the general contractor and subcontractors. These are the professionals who control the work being done. A property owner is usually not held liable for the carelessness of the contractors they hire. The exception is if the owner was acting as their own general contractor or if they knew about a hidden danger on the property and failed to warn anyone.

Myth #4: "I Have Plenty of Time to Decide if I Want to File a Lawsuit."

After a serious injury, the last thing you want to think about is legal deadlines. It's easy to put it off and think you can deal with it later.

The Fact: The law has strict and final deadlines. In New Jersey, you generally have only two years from the date of the accident to file a personal injury lawsuit. This law is called the statute of limitations. If you miss this deadline by even one day, you lose your right to get compensation forever. Evidence also disappears over time. The sooner you speak to our New Jersey lawyers, the better we can protect your rights.

Why You Need an Experienced NJ Attorney to Get the Facts

As you can see, the truth about construction accident claims is not always simple. Relying on rumors or what a coworker tells you can lead you to make big mistakes. You need answers you can trust from someone who knows the law.

Don't let myths and misinformation stop you from getting the help you deserve. If you were injured in a construction accident in New Jersey, get the real answers. Contact Levinson Axelrod today for a free, confidential consultation. With 10 offices across the state, we are your neighbors, and we are ready to fight for you.