Here is the thing most injured construction workers are never told. Workers compensation is not the end of it.
Comp pays your medical bills and a portion of your wages. It does not pay you a dime for pain, for permanent disability beyond the schedule, or for what the injury did to your life. And you cannot sue your own employer, because comp is the exclusive remedy against them.
But a construction site is not one company. It is a general contractor, a dozen subcontractors, an equipment lessor, a property owner, a materials manufacturer. If any of them caused your injury, and they are not your employer, you can sue them. That is a third party liability claim, and it runs alongside the comp case. Our personal injury practice builds both.
Two Cases, Not One
Most South Jersey construction injuries generate two parallel legal actions, and they operate on completely different rules.
The workers comp claim. No fault. You do not have to prove anyone did anything wrong. It covers authorized medical treatment, temporary disability at roughly 70 percent of your average weekly wage, and a permanency award at the end. It is against your employer’s carrier. See our workers compensation practice for how that side works.
The third party claim. Fault based. You have to prove negligence. But it pays pain and suffering, full lost earning capacity, and future damages, and there is no cap tied to a schedule. It is against everyone else on that site who was careless.
The relationship between the two matters. If you recover from a third party, the comp carrier has a lien on that recovery and gets reimbursed for what it paid out, subject to a statutory formula that gives some of it back to you. Handling that lien correctly is real money. We covered the interplay here: how workers comp and liability interact on a construction site.
Who Actually Gets Sued
The general contractor is the usual defendant. They control the site, they set the safety program, and they are responsible for conditions their subcontractors work under.
But the real answer depends on facts:
- Scaffold collapse. The erecting subcontractor, the scaffold rental company, the GC who accepted it without inspection.
- Falling object. The sub whose crew dropped it, and often the GC for failing to enforce overhead protection.
- Trench collapse. Almost always an excavation contractor who skipped shoring. OSHA has extremely specific rules here and violations are common.
- Electrocution. The electrical sub, the utility if lines were not de-energized, sometimes the GC for failing to coordinate.
- Defective equipment. The manufacturer, on a product liability theory. A saw without a functioning guard, a lift with a failed hydraulic.
- Vehicle strike. Driver, and the driver’s employer.
Identifying every viable defendant early is not optional. Once the site is cleaned up and the crew disperses, reconstructing what happened gets exponentially harder.
The First Week Determines the Case
Report the injury to your employer in writing. New Jersey allows 90 days for notice, but waiting is how disputes start. Our full checklist is here: what to do after a work related injury in New Jersey.
Beyond that, and this is the part people miss, photograph the site condition if anyone possibly can. A coworker. A family member who comes to pick up your truck. The scene will not look like that in a week.
OSHA reports matter too. A serious injury or fatality triggers an OSHA investigation, and the resulting citation can be powerful evidence of negligence in the civil case. Those files are obtainable, and we request them.
One warning. Do not let anyone tell you a signed release from the GC’s insurer is “just for the comp claim.” It is not. Read it, or better, do not sign it.
Where We Work
Doner & Castro handles construction injuries throughout Camden County and South Jersey.
- Cherry Hill workers comp attorneys
- Marlton workers comp lawyers
- Voorhees workers comp attorneys
- Berlin workers comp lawyers
A construction accident lawyer in NJ who works in these courts knows the local carriers, the local defense firms, and the local judges of compensation. That familiarity is worth more than it sounds.
Who Handles Your Case
Henry L. Doner and Kevin D. Castro handle both sides, the comp claim and the third party suit, in house. You are not being referred out.
Comp cases are fee capped by statute. Third party cases are contingency. No recovery, no fee.
Frequently Asked Questions
Can I sue if I am getting workers comp?
Not your employer. You can sue any other party whose negligence contributed, and on a construction site there are usually several. That third party lawsuit is where pain and suffering damages come from, and comp does not pay those at all.
What if I am an undocumented worker?
New Jersey workers compensation covers you. Immigration status does not disqualify you from benefits or from a third party negligence claim. Employers sometimes suggest otherwise. They are wrong, and it is worth talking to a lawyer rather than taking their word for it.
What if I was partly at fault?
New Jersey uses modified comparative negligence. As long as you are not more than 50 percent responsible, you can still recover, reduced by your share. And on the comp side, fault is irrelevant entirely. You get benefits either way.
I am a 1099 subcontractor. Am I covered?
Maybe. New Jersey looks at the actual working relationship, not the label on the paperwork. If the GC controls your hours, supplies the tools, and directs the work, you may be an employee regardless of what the contract says. This gets fought, and it is worth fighting.
How long do I have to file?
Two years for a third party negligence claim. Two years from the date of the accident for the comp claim, with a 90 day notice requirement to the employer. Do not sit on it.
Talk to a Construction Accident Lawyer in NJ
If you were hurt on a job site in Cherry Hill, Marlton, Voorhees, Berlin, or anywhere in Camden County, find out whether you have a third party claim before you settle anything.
Free case review. No fee unless we recover.