Workplace Injury: When You Can Sue Outside of Workers’ Compensation

Recovering Compensation After a Workplace Accident

Workers’ compensation is in place to protect workers’ rights in the event of an injury on the job. In most cases, when you suffer an injury on the job, you will seek compensation from your employers’ workers’ compensation policy.
However, this is not always the case. There are some situations in which it might make more sense to sue outside of a workers’ compensation claim.

When to Go Outside of Workers’ Compensation

The specific details of your accident and injury will dictate whether or not it makes sense to seek compensation through a workers’ compensation claim.
It might make sense to go outside of workers’ compensation in the following situations:

• The accident was the sole responsibility of the employer
• The accident was caused by a third-party
• You were injured by a defective product or harmful substance
• Your employer was not carrying workers’ compensation at the time of the accident
• Your employer intentionally caused harm or injury to you

If your employer was carrying workers’ compensation at the time of the accident and your injuries fall under the approved coverages, then it may be advisable to go through workers’ compensation first.
However, workers’ compensation coverage can be limited. They may not offer full payout for severe injuries and disabilities. Additionally, workers’ compensation does not usually cover non-economic costs like pain and suffering which could be a part of your case.

Recoverable Costs in a Freehold Workers’ Compensation Case

You may be able to recover the following types of costs with a workers’ compensation claim:

• Hospital and medical costs
• Lost wages
• Rehabilitation and training costs

Pursuing legal action outside of a workers’ compensation claim can help to recover the following types of costs:

• Lost work benefits
• Diminished earning capacity
• Pain and suffering

These costs are considered non-economic and can be more difficult to value. However, they are often a part of a workplace injury.

Determining Which Legal Action to Take After a Workplace Injury

Determining whether to sue within a workers’ compensation policy or through a third-party personal injury claim can be complicated. It is important to evaluate the details of your injury and decide which route is best for your individual situation. Additionally, the laws regarding workers’ compensation are constantly changing. It is best to discuss the details of your case with a legal team that is familiar with the workers’ compensation laws in the state of New Jersey.
Lombardi and Lombardi, P.A. have decades of experience when it comes to recovering compensation for those injured on the job. We understand the effect that a workplace injury can have on your life. It can put your job in jeopardy while making it difficult to keep up with household expenses. Our team of workers’ compensation lawyers will fight with you every step of the way to get the compensation that you need to move on from your workplace injury. Choosing the right legal team will not only improve your chances of being approved with your first claim but can also help you collect compensation for the just as important non-economic costs.

Contact a Woodbridge Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case

A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey workers’ compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the workers’ comp benefits you deserve. That is why you should speak with a knowledgeable workers’ compensation lawyer about your situation and get guidance throughout the claims process. The experienced workers’ compensation attorneys at Lombardi and Lombardi, P.A. represent clients in Edison, Freehold, Woodbridge, Toms River, and all across New Jersey. Call 732-906-1500 or email us today to schedule a free consultation about your work injury case. Our main office is located at 1862 Oak Tree Road, Edison, NJ 08820 and we also have offices in Edison, Brick Freehold, and Point Pleasant Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.