Can Third Parties Be Held Liable in New Jersey Construction Accidents

Construction sites are some of the most dangerous workplaces in New Jersey. Heavy machinery, hazardous materials, and high elevations all contribute to the risk of serious injury. When an accident occurs, injured workers often assume that their only option for financial recovery is through workers’ compensation. However, many construction accidents involve third-party liability, offering injured workers the opportunity to seek additional compensation beyond workers’ comp benefits. 

How does third-party liability work in New Jersey, and how can it help injured workers and their families collect damages for their injuries? 

What Is Third-Party Liability in New Jersey?

Third-party liability refers to the legal responsibility of a person or entity other than the employer for a worker’s injuries. While New Jersey’s workers’ compensation laws prevent employees from suing their employer in most cases, they do not prevent lawsuits against other negligent parties who contributed to the accident.

Examples of third parties that can be liable in construction injuries accidents include subcontractors, equipment manufacturers, or property owners that act negligently, causing or contributing to a specific accident. These parties can be held accountable in a third-party personal injury claim in New Jersey. This type of lawsuit allows injured workers to seek compensation beyond what workers’ compensation provides, including damages for pain and suffering. 

Which Third Parties Can Be Held Liable? 

While this depends heavily on the circumstances of your incident and who was involved in the construction site, there are many potential third parties that may bear legal responsibility for a construction accident. These parties can include: 

General Contractors and Subcontractors 

General contractors and subcontractors are responsible for maintaining a safe working environment. If they fail to comply with Occupational Safety and Health Administration (OSHA) regulations or engage in unsafe work practices, they may be held liable for injuries that occur as a result. They can also be held liable if they force workers to perform dangerous tasks without safety gear, without proper procedures, or in unsafe conditions. 

Property Owners 

If a construction site is on private property, the property owner may be liable for hazards that contributed to an accident. Under New Jersey’s premises liability laws, property owners must keep their land reasonably safe for workers and visitors. This includes eliminating all hazards and maintaining the property so that it is updated and in a safe condition. 

Equipment and Machinery Manufacturers 

Faulty construction equipment, power tools, and machinery can cause devastating injuries. If a defective product contributed to your accident, the manufacturer, distributor, or retailer may be held liable in a product liability lawsuit, even if they were unaware of the defect in their products. 

Architects and Engineers 

Construction sites rely on properly designed structures, safety plans, and engineering specifications, and sometimes architects or engineers fail to meet industry standards. This can lead to a collapse or other hazards, which would render them legally responsible. 

Suppliers and Vendors 

If a supplier or vendor delivers defective or unsafe materials that cause an accident, they can also be held liable for any resulting injuries. 

Establishing Liability in a Construction Accident 

If a third party’s negligence contributed to your injury, you may be able to file a personal injury lawsuit against them to recover damages. These parties can be held liable for a variety of negligent acts or omissions, including: 

• Failure to follow OSHA safety regulations 
• Defective equipment or machinery 
• Negligent maintenance of tools or workspaces 
• Poor site management and oversight 
• Inadequate safety measures 
• Failure to provide necessary warnings or instructions 

The types of evidence that can be used against them in a personal injury case include:

• Accident reports and OSHA violation records 
• Witness statements from coworkers or bystanders 
• Photographs and videos of the accident scene 
• Medical records documenting your injuries 
• Safety inspection reports 
• Expert testimony from engineers, safety experts, or medical professionals 

You Can Collect Different Types of Compensation 

Unlike workers’ compensation, which only covers medical expenses and lost wages, a third-party liability lawsuit allows you to recover full compensation for your damages, including: 

Economic Damages

• Medical expenses (past and future) 
• Lost wages and loss of future earning capacity
• Rehabilitation costs 
• Home modifications (if needed for disability accommodations) 
• Transportation costs for medical appointments 

Non-Economic Damages

• Pain and suffering 
• Emotional distress 
• Loss of enjoyment of life 
• Permanent disability or disfigurement 

Punitive Damages

In cases where a third party’s actions were particularly reckless or egregious, punitive damages may be awarded to punish the wrongdoer and deter future misconduct. 

Determining Fault in a Third-Party Construction Accident Case 

To hold a third party accountable, you must establish negligence by proving: 

1. The third party had a legal obligation to maintain safety on the construction site (known as duty of care). 
2. Evidence that the third party failed to uphold their duty (e.g., failing to provide proper safety gear, supplying defective equipment). This is known as breach of duty. 
3. Causation. This is done by showing the breach of duty directly led to your accident and injuries. 
4. You suffered actual damages, such as medical bills, lost wages, or pain and suffering. 

Timelines are Important for Legal Action 

New Jersey has strict deadlines for filing third-party liability claims. The statute of limitations for most personal injury claims is two years from the date of the accident. However, some exceptions may apply, so it’s crucial to act quickly. 

If you fail to file your lawsuit within this timeframe, you may lose your right to seek compensation. You need to move quickly to identify all liable parties, gather critical evidence to build your case, and file your case in court. 

Get Help from an Experienced Personal Injury Firm

At Eichen Crutchlow Zaslow, we understand the physical, emotional, and financial burdens that construction accidents cause. Our experienced personal injury attorneys are dedicated to holding negligent third parties accountable and ensuring you receive the compensation you deserve. 

If you or a loved one suffered injuries in a New Jersey construction accident, don’t settle for only workers’ compensation. Let us help you explore your options for third-party liability claims. Contact us today for a free consultation to discuss your case and learn how we can help.