After you suffered a compression injury on a New Jersey construction site, you’re probably wondering what you could have done to prevent your suffering. But the truth is, in most cases it is the employers who should have taken care to prevent serious injuries.

What Is an Employer’s Liability After a Tunnel Injury in New Jersey?

Construction employers have three main responsibilities when it comes to controlling underground work hazards: Training, communication, and response.


All employees who work in construction must be trained in the proper recognition and response procedures for hazards of underground work. This should include a comprehensive underground construction employee training program that covers, among other things:

  • Ventilation and air quality monitoring
  • Light levels and illumination
  • Proper protective equipment
  • Communication below and above ground
  • Flood control protocols
  • Fire prevention
  • Proper underground use of machinery
  • Working with combustible materials in enclosed areas
  • Check-in and check-out procedures
  • Evacuation plans in the event of an emergency

Notification and Communication

Above-ground crews must stay in constant contact with underground workers. This may include a closed-circuit communication system—walkie-talkies or similar electrical device—that works on an independent power supply.

All workers have a responsibility to report safety concerns to their employers. If an employee notifies his employer of a potential hazard, the employer should take immediate action to correct the problem. All oncoming shifts must be notified of potential hazards—such as a damaged retaining wall or gas leak—until the problem has been corrected.


If your employer knew about the problem that caused your injury, but failed to correct in in a timely manner, you may have a valid claim against the company. Find out more in our FREE book, What the Injured Worker Needs to Know, or fill out the short contact box on this page to ask us any questions you may have about your case.

Manfred Ricciardelli
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Morristown Workers' Compensation Lawyer
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