Best Construction Accident Lawyers in New Hampshire

About Construction Accident Law in New Hampshire, United States

Construction accident law in New Hampshire covers a range of legal rules and protections for individuals who are injured while working on or visiting construction sites. The construction industry carries significant risks due to hazardous machinery, falling objects, scaffolding requirements, and exposure to dangerous conditions. If a construction accident happens, injured parties may have several avenues for seeking compensation, including workers' compensation, personal injury lawsuits, or third-party claims. The law aims to ensure that injured workers receive appropriate medical care and financial support, while also holding negligent parties accountable.

Why You May Need a Lawyer

Experiencing a construction accident can lead to complex legal scenarios. You may need a lawyer if:

• You encounter delays or denials for your workers' compensation claim.
• Your injuries are severe, life-altering, or result in long-term disability.
• You suspect your employer violated workplace safety regulations.
• You believe a third party, such as a subcontractor or equipment manufacturer, contributed to your injury.
• Your medical expenses and lost wages are not fully covered by insurance or compensation.
• You are experiencing retaliation or discrimination from your employer after reporting the accident.
• You are unsure of your legal rights and options following the incident.

An experienced construction accident lawyer can help you navigate the process, protect your rights, and seek maximum recovery for your injuries and losses.

Local Laws Overview

New Hampshire construction accident law draws from both state and federal guidelines. Key aspects include:

• Workers' Compensation: Most New Hampshire employers are required by law to carry workers' compensation insurance, which covers workplace injuries regardless of fault. This provides injured workers with medical treatment and wage replacement benefits.
• Liability and Third-Party Claims: If someone other than your employer, such as a subcontractor or equipment supplier, was partially responsible for your injuries, you may be able to file a personal injury lawsuit against that third party.
• Comparative Negligence: New Hampshire follows a modified comparative negligence rule. If you are found to be partially at fault for the accident, your compensation may be reduced proportionally. If you are found more than 50 percent at fault, you may not be eligible to recover damages from a third-party lawsuit.
• OSHA Standards: Federal Occupational Safety and Health Administration (OSHA) regulations play a vital role in ensuring the safety of construction sites. Violations of OSHA standards can be evidence of negligence in a legal case.
• Statute of Limitations: In New Hampshire, there are strict time limits for filing claims. Workers' compensation claims must be reported promptly, and personal injury lawsuits must generally be filed within three years of the accident.

Frequently Asked Questions

What should I do immediately after a construction accident?

Seek medical attention right away, report the accident to your employer, document what happened, collect witness information, and preserve evidence if possible. Prompt action helps protect your health and legal rights.

Am I automatically entitled to compensation after a construction accident?

If you are an employee and the accident occurred on the job, you are generally entitled to workers' compensation benefits. However, benefits from personal injury lawsuits require proving negligence or liability.

Can I sue my employer for a construction accident?

Typically, New Hampshire laws prevent employees from suing their direct employers for workplace injuries and instead provide workers' compensation as the exclusive remedy. Lawsuits against third parties are possible if someone else contributed to your injury.

What if my employer does not have workers' compensation insurance?

You still have legal options. You can file a claim with the New Hampshire Department of Labor, and your employer may face penalties for failing to carry required insurance.

How long do I have to file a claim after a construction accident?

You must notify your employer as soon as possible, typically within five days of the incident. For personal injury lawsuits, you generally have up to three years from the date of the accident.

What types of compensation can I receive?

Workers' compensation may cover medical expenses, partial wage replacement, permanent impairment, and vocational rehabilitation. Successful third-party lawsuits may allow recovery for pain and suffering, full wage loss, and future expenses.

Do independent contractors get workers' compensation?

Independent contractors are usually not covered by workers' compensation, but determining true employment status can be complex. A lawyer can help clarify your eligibility.

What if a loved one died in a construction accident?

Surviving family members may be eligible for death benefits under workers' compensation and may also have grounds for a wrongful death lawsuit against negligent third parties.

What is the role of OSHA in construction accidents?

OSHA investigates serious workplace accidents and enforces safety regulations. OSHA violations can strengthen claims of employer or third-party negligence.

Should I speak to an insurance adjuster after my accident?

It is wise to consult a lawyer before speaking to insurance adjusters. Adjusters may try to minimize your claim, and anything you say may be used to limit your compensation.

Additional Resources

• New Hampshire Department of Labor - Handles workers' compensation claims, workplace safety, and employer compliance.
• Occupational Safety and Health Administration (OSHA) - Provides safety standards, resources, and conducts investigations into workplace hazards.
• New Hampshire Bar Association - Can help you find qualified attorneys specializing in construction accident cases.
• Workers' Compensation Appeals Board - Handles disputes regarding workers' compensation benefits and eligibility.
• Legal Aid Organizations - May offer free or reduced-fee legal assistance for those who qualify.

Next Steps

If you or a loved one have been involved in a construction accident in New Hampshire, consider taking these steps:

• Obtain immediate medical care and keep all records.
• Report the incident promptly to your employer and ensure it is documented.
• Gather as much evidence as possible, including photographs and witness statements.
• File a workers' compensation claim as soon as possible.
• Consult with a qualified construction accident lawyer to review your case and explore all legal options, including potential third-party claims.
• Stay informed about your rights and follow any deadlines for reporting, filing claims, or appeals.

Legal representation can maximize your chances of receiving fair compensation and help you confidently navigate the complications that often follow construction accidents.