What does a construction accident attorney New Jersey do?
A construction accident lawyer in New Jersey is a lawyer who helps injured construction workers and bystanders recover compensation through workers’ comp, third-party negligence, claims against general contractors and property owners, and product liability claims against equipment manufacturers — navigating the multiple layers of liability unique to construction site injuries.
Injured on a NJ construction site? Call (856) 751-7676 for a free case review — no fee unless we win.
Construction accident cases are among the most complex personal injury claims in New Jersey. A single job site can involve a property owner, a general contractor, multiple subcontractors, equipment rental companies, and material suppliers, each potentially sharing responsibility for unsafe conditions and each carrying separate insurance coverage.
At Kotlar | Cohen, our board-certified trial attorneys have recovered millions of dollars for construction workers and bystanders injured on job sites across the state. Partner Adam Kotlar is certified by the National Board of Trial Advocacy as a Civil Trial Advocate. He is a member of the Million Dollar Advocates Forum, a credential limited to fewer than 1% of U.S. attorneys. The firm has multiple New Jersey Supreme Court board-certified attorneys on staff — a distinction held by less than 3% of lawyers statewide — and nearly three decades of experience serving injured workers from offices in Mount Laurel, Cherry Hill, Trenton, and Vineland.
Put simply, a construction accident is rarely one company’s fault. Whether you need a construction fall attorney NJ for a rooftop injury or a construction site injury attorney NJ for an equipment failure, the number of liable parties identified determines whether you receive a minimal workers’ comp payout or full compensation. Contact us for a free construction accident case review to learn what your claim may be worth.
What Are the Most Common Types of Construction Accidents in NJ?
New Jersey’s construction industry spans high-rise developments, highway infrastructure, residential builds, and commercial renovations. Certain accident categories account for the majority of serious injuries and fatalities.
According to Bureau of Labor Statistics data, there were 5,283 fatal work injuries in the U.S. in 2023. The Occupational Safety and Health Administration (OSHA) identifies the Focus Four — the top causes of construction worker deaths:
- Falls from heights are the leading cause of construction deaths. Workers on roofs, ladders, and elevated platforms face serious risk when guardrails, harnesses, or fall arrest systems are missing. A construction fall attorney NJ workers can rely on understands that these incidents often trace back to a general contractor who failed to enforce fall protection standards.
- Struck-by incidents occur when workers are hit by falling objects, swinging loads, or heavy equipment such as cranes and forklifts.
- Electrocution results from contact with live wires, improperly grounded equipment, or overhead power lines, often involving lockout/tagout violations.
- Caught-in or caught-between hazards include trench collapses, unguarded machinery, and equipment rollovers that crush or trap workers. OSHA requires protective systems for trenches five feet deep or greater, yet violations of this standard remain a frequent cause of construction injuries.
Beyond the Focus Four, New Jersey construction workers also face:
- Scaffold collapses can result from improper assembly, defective components, or overloading. A scaffold accident attorney NJ victims turn to will investigate whether the scaffold met OSHA requirements and whether a third party bears responsibility.
- Equipment and machinery failures — malfunctioning power tools, improperly rigged cranes, and defective safety devices — may give rise to product liability claims.
- Toxic substance exposure occurs when workers come into contact with asbestos, lead paint, silica dust, or improperly stored hazardous materials.
- Repetitive stress and overexertion cause chronic damage from prolonged heavy lifting, vibration, or repetitive motion.
Who Is Liable in a NJ Construction Accident?
One of the most important questions after a construction site injury is who can be held legally responsible. Unlike a car accident where liability rests with one driver, construction cases often involve multiple negligent parties.
| Potentially Liable Party | How Liability Arises |
|---|---|
| General contractor | Under NJ case law, general contractors hold a non-delegable duty to maintain a safe workplace, including compliance with OSHA standards — even when work is subcontracted (Alloway v. Bradlees, Inc., 157 N.J. 221, 1999) |
| Property owner | Must exercise reasonable care to discover and eliminate dangerous conditions on the premises that workers would not reasonably discover on their own |
| Subcontractor | Negligent practices — improper trenching, faulty wiring, unsafe demolition — that injured another sub's workers |
| Equipment manufacturer | Under the NJ Products Liability Act (N.J.S.A. 2A:58C-2), manufacturers may be held strictly liable for defective tools, machines, or safety devices without requiring proof of negligence |
| Architect or engineer | Design defects or inadequate structural specifications that contributed to a collapse or failure |
New Jersey’s Comparative Negligence Act (N.J.S.A. 2A:15-5.1) allows juries to apportion fault by percentage among all negligent parties. This means the more responsible parties your attorney identifies, the greater the compensation available. An experienced construction accident lawyer New Jersey victims depend on will investigate contracts, preserve evidence, and consult safety professionals. In scaffolding failures, a scaffold accident attorney NJ workers hire will examine whether the contractor deviated from manufacturer assembly instructions. In many NJ Labor Law construction accident cases, the outcome depends on whether property owners and general contractors met the non-delegable safety duties New Jersey courts have long required of them.
How Do Workers’ Comp and Third-Party Personal Injury Claims Differ?
Many injured construction workers assume workers’ compensation is their only option. Understanding the difference between these systems is where the financial outcome of your case is decided.
Workers’ Compensation
In New Jersey, workers’ compensation is social legislation ensuring employees injured on the job are compensated without regard to fault. Under the NJ Workers’ Compensation Act (N.J.S.A. 34:15-8), this benefit is the employee’s exclusive remedy against their employer — meaning you generally cannot sue your direct employer separately. Benefits include medical treatment and temporary disability benefits at 70% of your average weekly wage, subject to statutory caps, along with permanent disability benefits where applicable. Workers’ comp does not compensate for pain and suffering, emotional distress, or full lost wages.
Third-Party Personal Injury Claims
Third-party personal injury claims become available when someone other than your direct employer contributed to your injury. Under New Jersey’s Comparative Negligence Act, a jury determines the full value of your damages and each party’s percentage of fault, and your recovery is adjusted accordingly. For example, if a fall resulted from a general contractor’s failure to install guardrails, a construction fall attorney NJ victims retain can file a third-party lawsuit while you collect workers’ comp. NJ Labor Law construction accident claims like these are supported by New Jersey case law imposing duties on parties beyond your direct employer.
Essentially, the two systems run in parallel:
| Workers' Comp | Third-Party Claim | |
|---|---|---|
| Filed against | Your employer's insurer | General contractor, property owner, manufacturer, other subs |
| Fault required? | No | Yes — must prove negligence or defect |
| Pain and suffering | Not available | Available |
| Wage replacement | 70% of average weekly wage | Full lost wages + future earning capacity |
| Emotional distress | Not available | Available |
Working with both a workers comp attorney NJ and a construction accident attorney NJ professionals trust ensures you pursue every available avenue of recovery. At Kotlar | Cohen, the team handles both claims simultaneously, coordinating the two to maximize total recovery.
Partner Justin M. Cohen has been named to the New Jersey Super Lawyers Rising Stars list every year since 2016 and was recognized as a Top 10 Under 40 Attorney by the National Academy of Personal Injury Attorneys. He is believed to be the youngest attorney in New Jersey to have received a Workers’ Compensation Board Certification.
What NJ Construction Safety Regulations and OSHA Standards Apply?
OSHA sets federal safety standards for every construction site in New Jersey, found primarily in 29 CFR Part 1926. The standards most relevant to the construction accidents described above include fall protection (29 CFR 1926.501), scaffolding (29 CFR 1926.451), excavation and trenching (29 CFR 1926.652), electrical safety (29 CFR 1926.405), and personal protective equipment (29 CFR 1926.95).
When an employer or general contractor violates an OSHA standard that contributes to an injury, it serves as strong evidence of negligence. NJ Labor Law construction accident claims frequently incorporate OSHA citations to show that the responsible party knew or should have known about the hazard. A scaffold accident attorney NJ families hire will use scaffolding-specific violations under Subpart L, while a construction site injury attorney NJ will examine all applicable standards.
New Jersey also enforces specialized safety and licensing regulations through the Department of Labor and Workforce Development, covering crane operator licensing and asbestos safety, which carry independent state penalties. A construction site injury attorney NJ workers choose will obtain and leverage both federal and state records to strengthen a claim.
What Compensation Is Available After a Construction Accident?
A construction accident lawyer New Jersey workers turn to will explain that through workers’ comp and third-party claims, you may recover:
- Medical expenses: You can recover costs for emergency care, surgery, hospitalization, rehabilitation, physical therapy, and future treatment.
- Lost wages: This includes income lost during recovery, plus loss of future earning capacity if the injury prevents return to your occupation.
- Pain and suffering: Third-party claims allow compensation for physical pain, emotional distress, and diminished quality of life.
- Permanent disability: Benefits are available for lasting impairment, such as amputation, spinal cord damage, or brain injury.
- Wrongful death: Families who lost a loved one can recover funeral costs, loss of financial support, and loss of companionship.
A construction accident lawyer New Jersey families depend on will calculate the full lifetime impact of the injury, consulting medical professionals and economists. Falls frequently cause spinal cord or brain injuries with lifetime care needs, which is why a construction fall attorney NJ workers choose will retain life care planners to project future expenses.
Kotlar | Cohen’s Construction Accident Case Results
Kotlar | Cohen has recovered millions for construction accident victims throughout New Jersey. Notable results include a $1.875 million construction accident recovery and a $1.4 million workers’ compensation recovery.
Past results don’t guarantee a particular outcome. However, the firm’s multimillion-dollar recoveries and its attorneys’ memberships in the Million Dollar Advocates Forum demonstrate a consistent record in complex construction litigation, including NJ Labor Law construction accident cases involving OSHA violations and multi-party disputes.
Frequently Asked Questions
Can I sue as a construction worker if I already receive workers’ comp?
Who is liable for a construction site accident in NJ?
What OSHA regulations apply to my accident?
How long do I have to file a construction accident claim in NJ?
Injured on a Construction Site? Get a Free Case Review
If you’ve been hurt on a New Jersey construction site, you likely have options beyond workers’ compensation. Choosing the best construction accident lawyer New Jersey has to offer can determine your case’s outcome. A construction accident attorney NJ workers count on at Kotlar | Cohen can evaluate your claim, identify every liable party, and pursue full compensation — all at no cost unless they recover for you.
Call (856) 751-7676 or request a free construction accident case review today.