Suing Contractors and Subcontractors for Negligence in Construction Accidents
Construction sites are complex, high-risk environments where safety is a shared responsibility. While workers’ compensation generally covers injuries caused by your own employer, New Jersey law allows separate claims against negligent third parties, such as general contractors or subcontractors.
The New Jersey Supreme Court confirmed this principle in Alloway v. Bradlees, Inc., 157 N.J. 221 (1999), recognizing that a general contractor may owe a duty of care to a subcontractor’s employee if the contractor knew about a hazard and had the ability to prevent the harm.
General contractors, subcontractors, property owners, construction managers, and equipment manufacturers must all take steps to protect workers on-site. When safety protocols are overlooked and someone suffers from a serious workplace accident, the law in New Jersey allows injured workers to file lawsuits against those responsible.
If you or a loved one has sustained an injury in a construction accident, you may have the right to bring legal action against a negligent contractor or subcontractor. Understanding how these workplace accident personal injury cases work can help you protect your rights and seek compensation for your losses.
Responsibility for Safety on a Construction Site
Contractors and subcontractors play a central role in keeping construction sites safe. They are expected to follow Occupational Safety and Health Administration (OSHA) regulations and recognize industry standards to prevent avoidable injuries. That responsibility includes developing site-specific safety plans, supervising work with care, enforcing protective measures, and making sure every worker has the right training and equipment.
The New Jersey Supreme Court underscored this duty in Kane v. Hartz Mountain Industries, Inc., 143 N.J. 141 (1996), finding that the lack of basic fall protection for subcontractor employees contributed directly to the general contractor’s liability.
Negligence by a contractor or subcontractor may include:
- Ignoring required fall protection measures
- Allowing untrained workers to operate dangerous or defective equipment
- Failing to address known hazards, such as loose scaffolding or exposed wiring
- Overlapping schedules that lead to crowding or unsafe conditions
- Lack of warning signs near hazardous areas
When these duties are not fulfilled, the party at fault can be held legally responsible for construction site accidents that occur.
Filing a Lawsuit Against Contractors and Subcontractors
Workers’ compensation provides important benefits, such as coverage for medical expenses and partial wage replacement. However, it does not cover damages such as pain and suffering or long-term financial loss. This is where third-party liability claims come into play.
In New Jersey, injured workers in the construction industry may file personal injury lawsuits against third parties, including contractors, subcontractors, property owners, or equipment manufacturers, whose negligence contributed to the accident.
For instance, if a subcontractor fails to properly secure a trench and a collapse causes injury, that subcontractor may be subject to a personal injury lawsuit. If equipment malfunctions caused by a lack of maintenance lead to an injury, the contractor responsible or equipment manufacturer may be liable. Even if your employer is not at fault, another party on the job site may be.
How to Prove Contractor or Subcontractor Negligence
To succeed in a negligence claim, your attorney must demonstrate four elements:
- Duty of Care: The contractor or subcontractor had an obligation to follow safety regulations and ensure a safe work environment.
- Breach of Duty: That obligation was not fulfilled due to unsafe conduct or oversight.
- Causation: The unsafe conditions or actions caused your injury.
- Damages: You experienced real harm, such as physical injury, lost income, or medical costs.
Personal injury cases involving construction sites require strong supporting evidence to establish these elements.
Evidence That Supports a Strong Case
A thorough investigation of the accident scene and site conditions is crucial. To build a compelling claim, your attorney may collect:
- Accident reports and OSHA findings documenting violations of safety regulations
- Witness statements from coworkers or supervisors who observed the incident
- Photos and videos from the accident scene
- Driver’s logs, equipment records, and training documentation
- Accident statements recorded by company personnel or safety officers
- Medical records linking your injuries to the construction site accident
- Expert analysis from engineers or safety professionals who can explain how the incident occurred
Acting quickly helps preserve important evidence and protects workers’ rights.
Compensation in a Construction Negligence Lawsuit
Third-party liability claims allow for recovery of both financial and non-financial damages. These may include:
- Medical expenses for emergency care, surgeries, rehabilitation, and future treatment needs
- Lost wages and reduced future earning potential due to the injury Pain and suffering for physical and emotional hardship
- Permanent disability or disfigurement that affects your daily life
- Loss of consortium for the impact on your family relationships
- Wrongful death compensation for families who lose a loved one in a construction site accident
In some cases, courts may award punitive damages to hold a contractor accountable for egregious safety violations.
Understand the Legal Time Limit to File Your Claim
Under New Jersey law, most personal injury lawsuits must be filed within two years of the date of the accident. This is referred to as the statute of limitations. Delaying action may result in the loss of your right to recover compensation.
The sooner you contact a legal team experienced in construction industry claims, the better your chances of preserving evidence and presenting a strong case.
Let Our Legal Team Support Your Recovery
At Eichen Crutchlow Zaslow, LLP, we understand the challenges accident victims face after a construction injury. Our attorneys have decades of experience and a successful record of obtaining significant settlements and verdicts in construction site injury claims. We help clients pursue compensation from negligent contractors, subcontractors, property owners, and equipment manufacturers.
If you were hurt due to violations of safety standards, equipment malfunctions, or lack of proper safety plans, we are ready to stand by your side. Call Eichen Crutchlow Zaslow, LLP at 732-777-0100 or contact us online. We will evaluate your case, explain your legal options, and work tirelessly to recover the compensation you need to move forward with confidence.