Injured at Work
Construction and Industrial Injury Claims
Construction and industrial work exposes employees to falls, heavy equipment, machinery, electricity, falling objects, hazardous substances, repetitive lifting, and other serious risks. A single incident may support workers’ compensation and a separate claim against a responsible third party.
High-Hazard Work Produces Serious Injuries
OSHA identifies falls, struck-by incidents, caught-in or between hazards, and electrocutions as major construction hazards. In 2024, falls to a lower level accounted for 389 of 1,034 construction fatalities nationwide.
Workers’ Compensation Benefits
An injured employee may seek authorized treatment, temporary disability, and permanent disability benefits through workers’ compensation without proving ordinary negligence by the employer.
Potential Third-Party Claims
A separate negligence or product claim may exist against a general contractor, subcontractor, property owner, equipment manufacturer, vehicle operator, maintenance company, or another non-employer. Contracts, site control, safety responsibilities, and insurance coverage may be important.
Immediate Evidence Preservation
Construction sites change quickly. Photographs, video, equipment, safety devices, training records, job hazard analyses, contracts, OSHA materials, witness information, and incident reports should be identified promptly.
A Practical Approach to Work-Injury Claims
Use the Other Side’s Perspective to Move the Claim Forward.
Pelesko Legal has substantial experience representing employers and understanding how workers’ compensation claims are evaluated from the respondent and carrier side. That knowledge is now used to represent injured workers: identifying the medical, factual, and procedural issues that can delay treatment or benefits and addressing them directly.
Define the Immediate Problem
The first priority may be authorized treatment, temporary disability, wage information, permanency, or a denied benefit. The strategy should match the actual problem rather than create unnecessary motion practice.
Anticipate Carrier Concerns
Medical causation, notice, prior conditions, work status, authorized treatment, and documentation are frequent decision points. Addressing those issues clearly can improve the chance of efficient resolution.
Negotiate Where Productive
Many disputes can be narrowed or resolved through informed communication. When negotiation does not work, the firm can use the available workers’ compensation procedures and motion practice.
Evaluate Every Available Claim
A workplace injury may also support a separate claim against a negligent third party. Both the workers’ compensation claim and any potential third-party claim should be considered.
Discuss Your Work Injury
Pelesko Legal represents injured workers and petitioners in New Jersey workers’ compensation matters. The firm uses its respondent-side experience to identify the issues affecting treatment or benefits, pursue practical resolution where possible, and use the available procedures when negotiation does not work.
Please submit the confidential consultation form on this page so the matter can be reviewed through the firm’s intake process.
Frequently Asked Questions
Can I sue my employer for negligence?
Workers’ compensation is generally the exclusive remedy against the employer, subject to limited exceptions. Claims against non-employers require separate analysis.
What if I was employed by a subcontractor?
You may have workers’ compensation rights through your employer and a potential third-party claim depending on the conduct and responsibilities of others at the site.
Should damaged equipment be preserved?
Yes, when equipment failure or a product defect may be involved. Inspection and preservation should occur before repair or disposal.
Does an OSHA citation prove my case?
Not automatically. Safety standards and investigative findings may be relevant, but liability and causation still require legal analysis.