If you’ve been injured in a construction accident in New Jersey, the aftermath can be overwhelming. Medical bills, lost wages, and the pain from the injury itself can leave you and your family facing significant challenges. Understanding your legal rights and options is crucial to protecting your future. At Mennie Heizler Law Group, we help injured workers—whether you’re a U.S. citizen, permanent resident, or undocumented immigrant—navigate the complexities of personal injury law and workers' compensation claims.
What Steps Should You Take After a Construction Accident?
- Seek Immediate Medical Attention
Your health and safety are your top priorities. Get medical attention as soon as possible after the accident. This not only ensures that you are taken care of but also establishes documentation of your injuries, which will be critical if you decide to pursue legal action. - Report the Accident to Your Employer
Notify your employer about the accident promptly. Failure to report the injury in a timely manner may affect your workers' compensation claim. In New Jersey, you have 90 days to report a workplace injury to your employer, though it's always best to do it as soon as possible. - Document the Incident
Keep detailed notes of how the accident occurred. Gather names and contact information of any witnesses and take photos of the scene, if possible. This documentation can strengthen your case when filing for compensation. - Consult with an Experienced Personal Injury Lawyer
Construction accidents often involve multiple parties, including contractors, property owners, equipment manufacturers, and insurance companies. Consulting a knowledgeable New Jersey personal injury lawyer will help you determine who may be liable for your injuries and ensure that your rights are protected throughout the legal process.
How Long Do You Have to File a Lawsuit?
In New Jersey, the statute of limitations for personal injury lawsuits is two years from the date of the accident. This means you have two years to file a lawsuit against the responsible party or parties. If you fail to do so within this time frame, you may lose your right to recover compensation. However, there are exceptions, such as injuries involving minors, so it’s important to discuss your specific situation with a lawyer as soon as possible.
For workers’ compensation claims, there is a two-year deadline from either the date of the injury or the last payment of compensation, whichever is later. This applies whether you’re seeking benefits for medical expenses, lost wages, or permanent disability.
Can an Undocumented Immigrant File a Personal Injury Lawsuit?
Yes, undocumented immigrants in New Jersey have the legal right to file a personal injury lawsuit, including for injuries sustained in construction accidents. New Jersey law does not differentiate between documented and undocumented workers when it comes to personal injury claims. You have the same rights as anyone else to seek compensation for your medical bills, lost wages, and pain and suffering.
Additionally, undocumented workers are also eligible for workers' compensation benefits. New Jersey law protects all workers regardless of their immigration status, ensuring access to medical treatment and disability benefits if they are injured on the job.
What Compensation Can You Recover?
Depending on the circumstances of your accident, you may be entitled to several types of compensation, including:
- Medical Expenses: Coverage for hospital visits, surgeries, rehabilitation, and any ongoing medical care.
- Lost Wages: Compensation for time off work due to your injury.
- Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident.
- Disability Benefits: If your injury results in temporary or permanent disability, you may be entitled to additional benefits.
If the accident was caused by someone other than your employer—such as a subcontractor or equipment manufacturer—you may be able to file a third-party lawsuit for additional compensation beyond what workers' compensation offers.
Why Work with Mennie Heizler Law Group?
Construction accident cases are complex, and it’s essential to work with a legal team that understands the unique challenges these cases present. At Mennie Heizler Law Group, we are experienced in representing injured workers throughout New Jersey. We will thoroughly investigate your case, ensure you meet all deadlines, and fight for the maximum compensation you deserve.
If you or a loved one has been injured in a construction accident, contact us today for a free consultation. We will guide you through the legal process and help you get back on your feet. Call us at (732) 481-9100 or contact online.