Legally Reviewed by Jae Lee, Esq. on June 15, 2025
Construction sites are among the most hazardous workplaces in New Jersey. Workers injured in Bergen County construction accidents face a complex legal landscape: workers’ compensation may cover some losses, but it often does not provide full compensation — and in many cases, a third-party personal injury claim against a contractor, property owner, or equipment manufacturer can recover significantly more. If you were injured on a construction site, understanding both paths to compensation is essential.
At Jae Lee Law, our Bergen County personal injury attorneys represent construction workers and bystanders injured at construction sites throughout northern New Jersey. We evaluate every case for both workers’ compensation and third-party liability to make sure you pursue every avenue of recovery your situation supports.
⚠ Time-Sensitive — New Jersey’s 2-Year Deadline Applies to Construction Accident Injury Claims
Injured in a Bergen County construction accident? New Jersey’s 2-year statute of limitations begins from the date of your injury. Missing this deadline ends your right to sue. Workers’ comp claims also have their own notification deadlines — act promptly.
Bergen County construction accident representation. No fees unless we recover compensation for you. Free initial consultation.
Types of Construction Site Accidents We Handle
Who Can Be Held Liable for a Bergen County Construction Accident?
Liability in construction accident cases often extends beyond the direct employer. New Jersey law allows injured workers to pursue claims against third parties — parties other than their employer — whose negligence contributed to the accident. Common third-party defendants in Bergen County construction cases include:
OSHA violations at the construction site can serve as evidence of negligence in a third-party personal injury claim. Our attorneys investigate whether applicable OSHA standards and the New Jersey Construction Safety Act were followed when evaluating your case.
Workers’ Compensation vs. Third-Party Claims — Understanding Both Paths
Most injured construction workers are entitled to workers’ compensation benefits regardless of who was at fault. Workers’ compensation is a no-fault system that covers medical care and a portion of lost wages — but it does not compensate for pain and suffering, and its wage benefits are capped below your actual earnings.
A third-party personal injury claim, by contrast, can recover full damages — including pain and suffering, your complete lost wages, future medical costs, and loss of enjoyment of life. Many construction accident victims are entitled to both workers’ compensation and a third-party settlement simultaneously, though any compensation recovered in a third-party claim may require partial repayment of workers’ comp benefits already received.
Key point: Workers’ compensation is often not the only avenue of recovery. Our attorneys evaluate every construction accident case for third-party liability so you do not leave compensation on the table.
How to File a Construction Accident Claim in Bergen County
Why You Need a Bergen County Construction Accident Attorney
Construction accident claims involve multiple parties, overlapping insurance coverage, OSHA regulations, and procedural complexity that makes them among the most demanding personal injury cases to handle. Insurance companies representing contractors and property owners have experienced defense teams. To maximize your recovery — across both workers’ comp and any third-party claims — you need attorneys who understand the full legal landscape.
Compensation Available in Construction Accident Cases
| Type of Compensation | Available Through |
|---|---|
| Medical Expenses | Workers’ comp (100% of authorized medical costs) + third-party claim for additional care |
| Lost Wages | Workers’ comp (partial) + third-party claim for full lost wages and future earning capacity |
| Pain & Suffering | Third-party claim only — workers’ comp does not compensate for pain and suffering |
| Future Care Costs | Workers’ comp (ongoing authorized treatment) + third-party claim for full future medical needs |
| Wrongful Death | Workers’ comp death benefits + third-party wrongful death claim for surviving family members |
Every case is different and is evaluated on its own facts. The categories above describe what may be recoverable, not a promise of any specific amount.
Statute of Limitations for Construction Accident Claims in New Jersey
The statute of limitations for a personal injury lawsuit in New Jersey is two years from the date of the accident (N.J.S.A. 2A:14-2). This applies to third-party claims against contractors, property owners, and equipment manufacturers. Workers’ compensation claims have their own procedural deadlines — injured workers should notify their employer promptly and file a formal claim petition within the timeframes set by New Jersey’s workers’ compensation laws. Missing either deadline can limit or eliminate your recovery options.
Frequently Asked Questions — Construction Accidents in Bergen County
Can I sue someone other than my employer if I was hurt on a construction site?
Yes. New Jersey law allows injured construction workers to file third-party personal injury claims against parties other than their direct employer — including the general contractor, property owner, subcontractors, and equipment manufacturers. These claims can recover damages that workers’ comp does not cover, including pain and suffering and full lost wages.
Can I collect both workers’ compensation and a third-party settlement?
Generally, yes — both paths can be pursued simultaneously. However, workers’ compensation may have a lien on any third-party recovery, meaning you may need to repay a portion of the comp benefits you received. Our attorneys account for this in evaluating your case.
What is the NY Labor Law 240 (Scaffold Law) and does it apply to my case?
New York’s Labor Law 240 imposes strict liability on property owners and general contractors for gravity-related construction injuries that occur on New York job sites. It provides strong protections for construction workers injured in falls or by falling objects on NY projects. If your accident occurred on a New York construction site — or on a project with NY nexus — this statute may significantly affect your claim. Our firm handles Labor Law 240 cases.
What if I don’t realize I’m injured until days after the construction accident?
That is common with certain types of injuries. The two-year statute of limitations clock begins running from the date of the accident, not the date of discovery. Report the accident and see a doctor as soon as you are aware of symptoms — do not let a delay in symptom onset discourage you from pursuing a claim.
Does Jae Lee Law charge anything upfront for construction accident cases?
No. We represent construction accident clients on a contingency fee basis — you pay no attorney fees unless we recover compensation for you. Initial consultations are free.
Injured in a Bergen County construction accident? Contact Jae Lee Law for a free case review.
Our attorneys evaluate both workers’ compensation and third-party liability to ensure you pursue the full compensation your injuries require — not just the minimum the system defaults to.
