New Jersey Construction Site Accident Lawyer - Job related injuries

New Jersey Construction Site Accident Lawyer - Construction Accidents and Injuries can be severe and debilitating for injured workers or individuals who happen to cross paths with a hazardous worksite.  If you have been injured in construction worksite accident call an experienced New Jersey Construction site accident lawyer.  For injured workers the legal considerations implicate Workers' Compensation Laws as well as contractual laws related to Contractors and Subcontractors present at the worksite.  OSHA Violations and Investigations also provide resources to determine fault for any accident.  Call today to speak with a New Jersey Construction Site Accident Attorney. 


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Steven P. Lombardi, Esq 






Can I sue my employer or a coworker for causing my injury ?  


The answer is generally no as the claims against these individuals and employers are barred by Workers' Compensation Statutes in New Jersey.  However there is one exception to the Workers' Compensation bar against suits, that is in situations where the Employer Intentionally caused harm.  This can occur if an Employer intentionally disregards a safety protocol or procedure or if an employer removes a safety device from any machinery a worker uses with the result of injury.  


Can I sue anyone for a workplace injury ?


The answer to this question depends on the relationship of the party or entity to the injured worker or person.  If no Employment relationship exists between the parties then the answer is most definitely yes.  For example, if an injured worker is completing plumbing work at a job-site and is electrocuted by the fault of another subcontractor at the site a claim can be asserted for damages against this electrical co-subcontractor as no employment relationship exists barring the action.  

Call today to speak with a New Jersey Construction Site Accident Lawyer. 



How do OSHA Violations affect my case ?


OSHA Violations and Investigations while relevant are not the final word of fault or liability in any litigation.  Workers have certain rights under the Federal OSHA Statutes and Regulations.  Similarly Employers have certain Employer duties under the OSHA Regulations.  These Duties and Regulations are fully set forth here under the OSHA Regulations. Most state and federal courts agree that, at a minimum, evidence of an OSHA violation can be used as some evidence of negligence. Of the states that have considered the issue, eight admit evidence of an OSHA violation to prove negligence per se, twenty five admit the evidence as “some evidence of negligence,” and only five—Arizona, California, Maryland, Michigan and Mississippi—exclude the evidence entirely.  Among the federal circuits, the first, fifth and the District of Columbia admit evidence of an OSHA violation to prove negligence per se; the Third, Fourth, Eighth and Ninth Circuits admit evidence of an OSHA violation as “some evidence of negligence;”21 and no circuit court has held the evidence inadmissible. 

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In New Jersey if the Construction Action case is brought in Federal Court as many are the Third Circuit court allows an OSHA Violation into evidence as proving some evidence of Negligence.  For example, in Ries v. National R.R. Passenger Corp., the Third Circuit emphasized that a per se (meaning as a matter of Law) finding would bar the defendant from asserting a contributory negligence defense which could certainly “affect” liability.  The court stated that “it would be almost axiomatic that the effect would be to ‘enlarge or diminish or affect’ the statutory duty or liability of the employer.” The court reasoned, however, that a “some evidence of negligence” approach would not “enlarge or diminish or affect” the liability of the employer, because the jurors would be free to draw their own conclusions from the evidence of the OSHA violation. The court justified this approach by stating “[e]vidence of an OSHA violation, in and of itself, does not ‘affect’ liability; it is the inferences that the trier of fact draws from the evidence that ‘affect’ liability.”  


What types of liability may interact with my Worksite case ?


Many types of liability issues are present in a Worksite injury case.  Design Engineers may be liable to the injured worker for failing to correctly design the building or component where the injury occurred.  Product Liability issues and negligence may exist for defectively designed equipment or a manufacturers failure to place appropriate warning labels on the work equipment.  Worksite injuries implicate some of the most complicated realms of tort law and need to be investigated from all possible legal angles to fully and competently litigate. Each potential defendant provides a source of insurance and recovery for the injured worker and the worker's family. 


Call today to speak with a New Jersey Construction Site Accident Attorney. 


Call today


Steven P. Lombardi, Esq 





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