Can I Seek Workers’ Compensation for a Construction Accident Injury?

Construction sites are busy, unpredictable places, and even the most careful worker can be hurt in a matter of seconds. If you were injured on a job site, you may be wondering whether workers’ compensation can help cover your medical bills and lost income. Fortunately, in many cases, it can. Please continue reading and reach out to our dedicated Jersey City workers’ compensation lawyers to learn how we can help if you’ve been injured in a construction accident. Here are some of the questions you may have:

What Qualifies as a Construction Accident Injury Under Workers’ Compensation?

Most construction-related injuries that occur in the course of employment are covered, regardless of who caused the accident. Workers’ compensation is a no-fault system, which means you generally do not have to prove negligence to receive benefits. In many cases, qualifying injuries are as follows:

• Falls from ladders, roofs, or scaffolding
• Injuries caused by heavy equipment or power tools
• Repetitive motion injuries that develop over time
• Exposure to hazardous materials, such as chemicals or dust
• Back, neck, or joint injuries from lifting heavy materials

As long as the injury happened while you were performing work-related tasks, it may be eligible for coverage. Even injuries that worsen an existing condition can sometimes qualify, which surprises many injured workers.

Can I File a Claim if the Accident Was Partly My Fault?

This is one of the most common concerns construction workers have, and the answer is often reassuring. Workers’ compensation benefits are typically available even if your own actions contributed to the accident. You do not lose your right to benefits simply because you made a mistake or were not paying full attention in the moment.

Importantly, there are limited exceptions, and claims may be denied if the injury resulted from intentional misconduct, intoxication, or a deliberate violation of safety rules. These situations are evaluated carefully, and employers and insurers may scrutinize the circumstances closely. Because of this, it is often wise to speak with a workers’ compensation lawyer before assuming you are not eligible.

What Benefits Can I Receive After a Construction Accident?

Workers’ compensation benefits are meant to reduce the financial impact of a workplace injury, not to fully replace a lawsuit. Still, they can provide meaningful support while you recover. Potential benefits may include the following:

• Payment of reasonable and necessary medical treatment
• Temporary disability benefits if you cannot work while healing
• Permanent disability benefits if the injury causes lasting impairment
• Death benefits for surviving family members in fatal accidents

These benefits are paid through your employer’s workers’ compensation insurance, not out of your employer’s pocket. This structure is meant to encourage prompt treatment and wage replacement without lengthy litigation.

Construction accident claims can become complicated, especially if multiple contractors are involved or if there is a dispute about employment status. Independent contractor misclassification is a common issue in construction cases, and it can affect whether workers’ compensation applies. A knowledgeable attorney can review the details and help determine the best path forward.

Ultimately, if you were hurt on a construction site, we are here to help. Contact Lerner, Piermont, Riverol & Lawlor, P.A. for a free consultation today so we can discuss your case.