What to Do If You’re Injured on a Construction Site as a Worker or Bystander
May 28, 2025
Construction sites are inherently hazardous environments, with heavy machinery, elevated platforms, and intricate operations creating risks for both workers and bystanders.
Whether you’re a worker or a bystander, knowing what to do immediately after a construction site injury can protect your health, legal rights, and financial well-being.
For more information or assistance from a New Jersey personal injury lawyer, contact Perrotta, Fraser & Forrester, LLC.
Immediate Steps After an Injury
1. Seek Medical Attention
Your health is the top priority. If you’re injured on a construction site, seek medical care immediately, even if the injury seems minor. Delaying treatment can worsen your condition and weaken potential legal claims.
For workers: If the injury is severe (e.g., broken bones, head trauma, or heavy bleeding), call 911 or ask someone to do so. For non-emergencies, notify your supervisor and request guidance on visiting a medical provider.
Under New Jersey’s workers’ compensation laws, employers typically direct injured workers to approved healthcare providers for treatment.
For bystanders: If you’re a passerby or visitor injured on or near a construction site, call 911 for emergencies or visit a hospital or urgent care facility. Keep records of all medical visits, including diagnoses, treatments, and prescriptions.
Documenting your injuries through medical records is critical, as these serve as evidence for insurance claims or legal proceedings. Follow your doctor’s instructions and attend all follow-up appointments for proper recovery.
2. Report the Incident
Reporting the injury promptly is essential to establish a record of the incident and protect your rights.
For workers: New Jersey law requires workers to report workplace injuries to their employer as soon as possible, ideally within 90 days, to qualify for workers’ compensation benefits. Notify your supervisor or site manager verbally and in writing, detailing the date, time, location, and circumstances of the injury. Request a copy of the incident report for your records.
For bystanders: If you’re not employed at the site, report the incident to the construction site manager or the company overseeing the project. Provide a clear account of how the injury occurred and request contact information for the company’s insurance provider or legal representative. If possible, file a police report, especially if the injury resulted from negligence, such as falling debris or unsecured barriers.
3. Document the Scene
Gathering evidence at the scene strengthens your case for compensation or liability claims.
Take photos and videos: If you’re able, photograph or video the accident site, including hazardous conditions (e.g., exposed wires, missing guardrails, or spilled materials), your injuries, and any equipment involved. If you’re unable to do this yourself, ask a witness or coworker to assist.
Collect witness information: Obtain names and contact details of coworkers, supervisors, or other bystanders who saw the incident. Their statements may corroborate your account.
Keep physical evidence: If applicable, preserve items like damaged clothing, tools, or personal protective equipment (PPE) involved in the incident.
Thoroughly documenting the scene with photos, witness information, and physical evidence is crucial for building a strong case for compensation or liability claims.
4. Preserve Records
Maintain a detailed file of all documents related to the injury, including:
Medical records, bills, and receipts.
Incident reports and correspondence with your employer or the construction company.
Photos, videos, and witness statements.
Pay stubs or proof of lost wages, if applicable.
These records are vital for workers’ compensation claims, personal injury lawsuits, or insurance negotiations.
Knowing Your Rights in New Jersey
Understanding your rights under New Jersey’s workers’ compensation system and liability laws is essential for construction workers and bystanders seeking fair compensation for injuries sustained on or near a construction site.
Workers’ Compensation for Construction Workers
New Jersey’s workers’ compensation system provides benefits to employees injured on the job, regardless of fault, as long as the injury occurred during work-related activities. For construction workers, these benefits typically include:
Medical benefits: Coverage for reasonable and necessary medical treatment related to the injury, including doctor visits, surgeries, medications, and rehabilitation.
Temporary disability benefits: Compensation for lost wages if you’re unable to work while recovering, typically at 70% of your average weekly wage, up to a state-mandated maximum.
Permanent disability benefits: Payments if the injury results in lasting impairments, calculated based on the severity and impact on your ability to work.
Death benefits: Compensation for dependents if a worker dies due to a workplace injury.
To access these benefits, file a workers’ compensation claim through your employer’s insurance carrier. In New Jersey, employers are required to carry workers’ compensation insurance, and failure to provide coverage can result in penalties. If your claim is denied or disputed, consult a workers’ compensation attorney or a personal injury lawyer to appeal the decision.
Liability for Bystanders
Bystanders injured on or near a construction site may not be eligible for workers’ compensation, but can pursue compensation through a personal injury claim. Common scenarios include pedestrians struck by falling objects, drivers injured by construction vehicles, or visitors harmed due to unsafe conditions.
To succeed in a personal injury claim, you must prove negligence, such as:
The construction company or contractor failed to maintain a safe environment (e.g., inadequate fencing or signage).
A third party, like a subcontractor or equipment manufacturer, contributed to the injury.
Compensation in personal injury cases may cover medical expenses, lost income, pain and suffering, and other damages. New Jersey follows a modified comparative negligence rule, meaning your compensation may be reduced if you’re found partially at fault (e.g., ignoring warning signs). If your fault exceeds 50%, you may be barred from recovering damages.
Third-Party Claims for Workers
In addition to workers’ compensation, injured workers may file third-party lawsuits if someone other than their employer contributed to the injury. For example:
A subcontractor’s negligence, such as improper scaffolding setup, caused a fall.
Defective equipment, like a malfunctioning crane, led to the injury, implicating the manufacturer.
A property owner failed to address known hazards.
Third-party claims can provide compensation beyond workers’ compensation, including pain and suffering, which workers’ comp does not cover. An experienced personal injury lawyer can identify liable parties and pursue these claims.
Legal and Practical Considerations
Consult a Personal Injury Lawyer
Traversing the law after a construction site injury can be complicated, especially when dealing with workers’ compensation, personal injury claims, or third-party lawsuits. In New Jersey, hiring a personal injury lawyer with experience in construction accidents is advisable if:
Your workers’ compensation claim is denied or undervalued.
You’re a bystander pursuing a personal injury claim.
A third party may be liable for your injury.
The injury is severe, resulting in long-term disability or significant financial losses.
Most personal injury and workers’ compensation attorneys work on a contingency fee basis, meaning you pay only if you win your case.
Understand OSHA Regulations
The Occupational Safety and Health Administration (OSHA) sets federal standards for workplace safety, which New Jersey construction sites must follow. Common violations leading to injuries include:
Lack of fall protection (e.g., guardrails or harnesses).
Improper scaffolding or ladder use.
Failure to provide adequate PPE, such as hard hats or safety goggles.
Unsafe handling of heavy machinery or electrical systems.
If an OSHA violation contributed to your injury, it can strengthen your legal case. Request an OSHA inspection through your employer or attorney, or file a complaint online at osha.gov. OSHA investigations may uncover systemic safety issues, supporting your claim.
Be Cautious with Insurance Companies
Whether dealing with workers’ compensation insurers or a construction company’s liability carrier, be cautious when communicating. Insurance adjusters may attempt to minimize payouts by:
Pressuring you to accept a quick settlement.
Requesting recorded statements that could be used to dispute your claim.
Delaying or denying legitimate claims.
Avoid signing settlement agreements or providing statements without consulting an attorney. A personal injury lawyer can negotiate on your behalf to make sure of fair compensation. For more information, contact Perrotta, Fraser & Forrester, LLC in Clark, New Jersey.
Monitor Deadlines
New Jersey imposes strict deadlines for filing claims:
Workers’ compensation: You must report the injury within 90 days and file a formal claim within two years of the injury date.
Personal injury: The statute of limitations for personal injury lawsuits is two years from the date of the injury.
Missing these deadlines can bar you from recovering compensation. Keep track of all timelines and work with an attorney to confirm compliance.
Contact a Personal Injury Attorney
Injuries on New Jersey construction sites, whether as a worker or bystander, require swift action to protect your health and legal rights. By seeking immediate medical care, reporting the incident, documenting evidence, and understanding your options under workers’ compensation or personal injury law, you can secure the compensation you deserve. Contact Perrotta, Fraser & Forrester, LLC in Clark, New Jersey today.