Essex County Construction Accident Lawyer
New buildings, road projects and renovations are constantly underway in Essex County. When a fall, falling object or equipment failure injures a worker or a passerby, more than one company may be responsible.
Quick answers
How long do I have to file a construction accident claim in Essex County?
In most New Jersey construction accident cases you have two years from the date of the injury to file a lawsuit under N.J.S.A. 2A:14-2. If a town, county, state agency or NJ Transit may be responsible, a written notice of claim is generally due within 90 days.
Waiting also costs evidence: video is overwritten, vehicles are repaired and witnesses move. Calling early protects both the deadline and the proof. If the claim involves a Essex County road, park or building owned by the government, the 90-day notice goes to that public entity.
Can I sue after a construction accident if I get workers' compensation?
Workers' compensation is usually the only remedy against your own employer in New Jersey under N.J.S.A. 34:15-8. But you can often bring a separate injury lawsuit against others whose negligence caused the harm, such as a general contractor, property owner, equipment maker or another subcontractor.
That third-party claim can recover pain and suffering, which workers' compensation does not pay.
Who can be responsible for a construction site injury?
General contractors, property owners, subcontractors, equipment rental companies and equipment makers can all share responsibility. Federal OSHA standards on fall protection, scaffolding and trenching, found in 29 C.F.R. Part 1926, often help show what safe work required, and a violation can be evidence of negligence.
Site logs, safety meeting records and photos taken the same day are important evidence.
Where is a Essex County injury lawsuit filed?
Most injury lawsuits arising in Essex County are filed in the Superior Court of New Jersey, Law Division, for Essex County, which sits at the Essex County courthouse complex, Newark. Most cases settle before trial, and many clients never need to appear in court except for a deposition or a trial if one happens.
A case can sometimes be filed in another county where a defendant lives or does business.
Do I have to travel to meet Dennis about a Essex County case?
No. Dennis meets clients at the Parsippany office of Einhorn Barbarito, 4 Campus Drive, Suite 300, Parsippany, NJ 07054, and also by phone or video. If you are recovering, home and hospital visits are available anywhere in Essex County, at no cost to you.
The first consultation is free, confidential and comes with no obligation.
How much does it cost to hire Dennis?
Nothing up front. The consultation is free, and injury cases are handled on a contingency fee, which means the fee is a percentage of the recovery and is only owed if there is one. New Jersey Court Rule 1:21-7 caps contingency fees in personal injury cases.
You will get the fee agreement in writing before any work starts, and you can ask questions about it at any time.
Workers' comp and third-party claims
An injured worker usually cannot sue their own employer and receives workers' compensation instead (N.J.S.A. 34:15-8). But you may also have a separate claim against a general contractor, another subcontractor, a property owner or an equipment maker.
Safety rules matter
OSHA construction standards (29 C.F.R. Part 1926), such as fall protection and scaffolding rules, can help show that a company failed to keep the site safe.
Deadline to file
Most New Jersey personal injury lawsuits must be filed within two years of the injury (N.J.S.A. 2A:14-2). Claims against a public entity, such as a county or town, also require a written notice of claim within 90 days (N.J.S.A. 59:8-8).
Local roads and courts
The county seat is Newark, and Superior Court cases are heard at the Essex County courthouse complex, Newark. Common crash corridors include the Garden State Parkway, I-280, I-78, Route 21, Route 22, the NJ Turnpike. We serve clients in Newark, East Orange, Irvington, Bloomfield, Montclair, West Orange, Livingston, Belleville and every other Essex County town.
Common questions
- Can I get workers' comp and also bring a lawsuit?
- Often yes. Workers' comp comes from your employer's insurance, and a separate lawsuit can be brought against other responsible companies. The comp carrier may have a lien on part of that recovery.
- What does it cost to talk to Dennis?
- The consultation is free, and there is no fee unless there is a recovery.
More about construction accident claims in New Jersey
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