Construction Site Injuries in New Jersey
Whether an injured construction worker in New Jersey can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Under New Jersey's workers' compensation law, accepting the compensation system surrenders other remedies against the employer, and a co-worker is not liable for a compensable injury except for an 'intentional wrong.' An injured construction worker can still sue a third party (for… N.J.S.A. 34:15-8, 34:15-40
| Construction site injuries | Under New Jersey's workers' compensation law, accepting the compensation system surrenders other remedies against the employer, and a co-worker is not liable for a compensable injury except for an 'intentional wrong.' An injured construction worker can still sue a third party (for example another contractor, property owner or equipment maker) whose liability caused the injury; the right to compensation does not bar that suit, and the employer or insurer is reimbursed from the recovery. No New Jersey scaffold-law statute was identified for this entry. Third parties: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/29592/31290?f=templates$fn=document-frame.htm$3.0 Source: N.J.S.A. 34:15-8, 34:15-40 |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant (or the combined negligence of the defendants); damages are reduced by the injured person's percentage of negligence. Source: N.J.S.A. 2A:15-5.1 |
| Deadline to sue for an injury | Two years. An action for injury to the person caused by the wrongful act, neglect or default of another must be filed within two years after the cause of action accrues. Source: N.J.S.A. 2A:14-2(a) |
More New Jersey personal injury & wrongful death
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FAQ
Can you sue for a construction accident in New Jersey?
Under New Jersey's workers' compensation law, accepting the compensation system surrenders other remedies against the employer, and a co-worker is not liable for a compensable injury except for an 'intentional wrong.' An injured construction worker can still sue a third party (for example another contractor, property owner or equipment maker) whose liability caused the injury; the right to compensation does not bar that suit, and the employer or insurer is reimbursed from the recovery. No New Jersey scaffold-law statute was identified for this entry.
Can you recover damages if you were partly at fault in New Jersey?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant (or the combined negligence of the defendants); damages are reduced by the injured person's percentage of negligence.
What is the statute of limitations for personal injury in New Jersey?
Two years. An action for injury to the person caused by the wrongful act, neglect or default of another must be filed within two years after the cause of action accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.