How long do I have to file a claim for workers’ comp benefits for a construction job injury?

Under New Jersey workers’ compensation law, you should ideally notify your employer that you were injured on the job within 14 days of the date of the construction site accident that you were hurt in. Notice must be given to your employer no later than 90 days after a work accident to ensure your eligibility for workers’ compensation benefits. If you need to file a claim with the state workers’ compensation division to contest the denial or termination of benefits by your employer, you have two years from the date of the work accident or the last date that you were paid workers’ comp benefits to file a claim petition with the state.

Can I file a personal injury claim after being hurt in my construction job?

Potentially yes. If you were injured due to the negligence, recklessness, or other legal fault of a third party not connected with your employer, you may also be entitled to file a personal injury claim against that third party in addition to seeking workers’ comp benefits. For example, you may have a third-party personal injury claim if you were hit by a driver while working on a construction site, or if you were hurt in an accident with a defective tool or piece of equipment or machinery, or if an accident was caused by the negligence of another subcontractor on the site.

Rights of Construction Workers Injured on The Job | New Jersey Construction Accident Lawyers

Rights of Construction Workers Injured on The Job

New Jersey Construction Worker Injury Lawyer Helps Construction Employees Understand Their Rights To Compensation After Being Hurt At Work

As a construction worker, you have the right to be afforded a safe workplace and to receive financial benefits and compensation in the event you are injured or become ill in the course and scope of your job. It is important that you understand your rights so that you can demand the benefits you may be entitled to and can also seek legal help in the event your employer refuses your rights or attempts to retaliate against you for exercising your rights. Turn to an experienced workers’ compensation attorney to learn more about the rights of construction workers injured on the job.

If you are a construction worker who was injured on the job in New Jersey, you may have the right to recover financial compensation and benefits to assist you during your recovery. Reach out to Camili & Capo, PA for a free initial case evaluation to learn more about the rights you have to pursue a claim for financial recovery after sustaining a work-related injury or illness while working on a NJ construction site.

Get Free Advice From An Experienced Work Injury Lawyer. All You Have To Do Is Call (973) 834-8457 or Fill Out Our Free Case Evaluation Form.

What Rights Do Construction Workers Have Under New Jersey And Federal Law?

Both New Jersey state law and federal regulations issued by the Occupational Safety and Health Administration outline various safety rights that construction workers are entitled to. These rights include:

The right to receive safety and job task training in a language the worker is comfortable communicating in
The right to be provided with safety equipment and personal protective equipment/clothing
The right to be provided with tools, equipment, and machinery that are properly maintained and safe to use in their intended functions
The right to not be directly exposed to toxic chemicals and materials and to be provided with personal protective equipment when required to work with such materials
The right to report any work-related injury or illness to your employer and to receive workers’ compensation benefits required under state law
The right to obtain copies of any medical records related to treatment of a work injury or occupational illness
The right to inspect an employer’s workplace injury and safety violation records

Construction workers also have the right to be notified of these above rights, especially of their right to file a workers’ compensation claim and to be provided with assistance when a worker wants to file a claim. Employers should place instructional posters regarding worker rights in a conspicuous place in the workplace and provide workers with any required claim forms whenever they report a work injury or occupational disease. Most importantly, the rights of construction workers injured on the job include the right to file a workers’ compensation claim with their employer.

Finally, construction workers also have the right to be free from retaliation by their employer in response to a worker making any claim under their rights, inquiring about their rights, or reporting suspected violations of worker and safety rights to state and federal authorities. This means that employers may not take adverse actions against an employee because the employee attempted to assert their rights. Adverse employment actions may include termination, demotion, reduction in hours/pay, transfer to less desirable assignments, or denial of raises, bonuses, or promotions.

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What Will A Workers’ Comp Lawyer From Camili & Capo, PA Do To Help You If Your Rights Are Being Jeopardized After A Construction Site Accident?

If you believe that your employer has violated your rights under New Jersey workers’ compensation law or state and federal safety laws, let the legal team at Camili & Capo, PA fight to protect your interests by:

Investigating the facts and circumstances of any workplace accident or incident that may have caused you to sustain a work injury or occupational illness
Helping you to report safety and worker rights violations to state or federal regulators
Preparing and filing a workers’ comp claim on your behalf if you have suffered a work-related injury or disease
Filing legal claims and lawsuits to protect your rights if your employer retaliates against you for exercising your rights under state and federal law or for assisting a co-worker with protecting and asserting their rights

Facing A Legal Matter In New Jersey And Have Questions? We Can Help. Just Tell Us What Happened. Call (973) 834-8457 Or Fill Out Our Convenient Free Case Evaluation Form.

Contact Us For A Free Claim Review To Discuss The Rights Of Construction Workers Injured On The Job With Our Attorneys

After being injured in your construction job, let a workers’ compensation attorney with Camili & Capo, PA advocate for your rights to financial benefits and compensation for the harm and loss that you have suffered. Contact our firm today for a free, no-obligation consultation to discuss how our legal team can ensure that your rights under New Jersey law are protected and observed by your employer and other parties.

Frequently Asked Questions About Rights Of Construction Workers Injured On The Job

Under New Jersey workers’ compensation law, you should ideally notify your employer that you were injured on the job within 14 days of the date of the construction site accident that you were hurt in. Notice must be given to your employer no later than 90 days after a work accident to ensure your eligibility for workers’ compensation benefits. If you need to file a claim with the state workers’ compensation division to contest the denial or termination of benefits by your employer, you have two years from the date of the work accident or the last date that you were paid workers’ comp benefits to file a claim petition with the state.
Potentially yes. If you were injured due to the negligence, recklessness, or other legal fault of a third party not connected with your employer, you may also be entitled to file a personal injury claim against that third party in addition to seeking workers’ comp benefits. For example, you may have a third-party personal injury claim if you were hit by a driver while working on a construction site, or if you were hurt in an accident with a defective tool or piece of equipment or machinery, or if an accident was caused by the negligence of another subcontractor on the site.