In 2023, approximately 2.6 million workplace injuries and illnesses were reported in private industry in the United States, including 947,000 cases involving days away from work. During the same year in New Jersey, there were approximately 87,300 workplace injuries and illnesses in both the private and public sector jobs.
A serious work injury can result in more than a temporary setback. It can mean weeks of missed paychecks, a long recovery process, permanent limitations, or even be the end of a career. Many in New Jersey assume Workers’ Compensation is the only option of financial support following a work injury, however that is not always the case. Depending on how and where your injury happened, you may also have a third-party personal injury claim – and pursuing both can make a significant difference in your financial recovery following a work injury.
At Lombardi & Lombardi, P.A., we have helped injured New Jersey workers protect their health, income, and future for over 50 years. Our New Jersey serious work injury lawyers know how to navigate both Workers’ Compensation and third-party claims, and fight to secure the full financial recovery you and your family need to move forward.
What Are “Serious” Work Injuries?
“Any injury that affects your ability to work, earn income, or carry out daily activities” may be considered serious. Some result in temporary disability, while others have long-term or permanent consequences. Common serious work injuries include:
- Amputations and loss of limb.
- Back, neck, spinal cord trauma, and paralysis.
- Burn injuries and electrocution.
- Crush injuries.
- Repetitive stress injuries requiring extended recovery.
- Shoulder, knee, and joint damage requiring surgery.
- Traumatic brain injury and head injuries.
- Toxic exposure and respiratory harm.
- Work-related vehicle accident injuries.
Serious injuries often require hospitalization, surgery, therapy, or lengthy time away from the job. Regardless of how your injury happened, reporting it promptly and taking advantage of every benefit available to you is key.
How Does New Jersey Workers’ Compensation Help Injured Employees?
Workers’ compensation provides financial support and medical care to employees injured on the job, regardless of who caused the accident. If you are injured, you may be eligible for benefits even if you made a mistake or no one is technically responsible. Coverage may include:
- Medical treatment.
- Temporary wage replacement if you cannot work.
- Permanent partial or total disability benefits.
- Death benefits for surviving families.
However, Workers’ Compensation benefits are limited. There are wage caps and no compensation for pain and suffering, long-term salary loss, or life changes your injury caused. Which is why it is vital to speak with an experienced lawyer who can determine whether other parties may also be responsible, leading to a personal injury claim and significantly increasing your compensation.
What Is the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?
Although both can apply to the same accident, Workers’ Compensation and third-party personal injury claims operate under different rules. In “Workers’ Compensation” claims, no fault is required, benefits are pre-set, but limited, and you cannot sue your employer, except in rare exceptions. A “third-party” claim requires proving that an individual or business other than your employer was negligent, acted unsafely, or failed to address a known problem, and that those failures directly led to your injury.
The major difference between the two are the types of compensation that you can recover. Workers’ Compensation pays basic medical bills and partial wage loss. A third-party claim may allow you to also recover:
- Full lost wages.
- Loss of future earning capacity.
- Pain and suffering.
- Out-of-pocket expenses.
- Loss of enjoyment of life.
- Other financial and personal losses.
In appropriate cases when both systems apply, they work simultaneously, allowing you to strengthen your financial support during and after your physical recovery.
Who Can Be Responsible for Injuries in a Third-Party Claim?
Third-party claims can apply in many different industries and workplaces across New Jersey. Responsible parties may include:
- Construction subcontractors working alongside your company.
- Property owners for unsafe property conditions or practices.
- Manufacturers and distributors of defective machinery or tools.
- Maintenance companies responsible for repairs or inspections.
- Outside vendors, contractors, or consultants.
- Drivers who cause work-related vehicle collisions.
- Employers of other workers on shared job sites.
- Co-workers who assault or cause other forms of violence at work.
Under New Jersey’s “comparative negligence” law, you must prove that the third party acted unreasonably or carelessly and that their actions led to your accident and injuries. You can still recover compensation if you are less than 50% responsible, though your compensation will be reduced by your percentage.
Pursuing a third-party claim may significantly increase the financial recovery available, especially if your injuries prevent you from returning to your previous position or earning capacity.
When Should I File a Workers’ Compensation and Third-Party Claim Together?
Whenever an individual or business other than your employer contributed to your injuries, you should consider filing both Workers’ Compensation and third-party claims. Situations in which both claims often apply include:
- Falls caused by unsafe conditions at job site.
- Vehicle accidents while driving for work.
- Construction accidents involving multiple contractors.
- Injuries caused by malfunctioning machines, tools, or office equipment.
- Scaffolding collapses and ladder failures.
- Unsafe conditions created by subcontractors or vendors.
- Harm caused by chemical exposure or defective protective gear.
Workers’ Compensation provides immediate benefits while a third-party claim allows you to pursue full damages for your pain and suffering, losses, and long-term needs. Both systems have strict deadlines and different reporting requirements, so it is essential to contact a New Jersey serious work injury lawyer as soon as possible after an accident.
How Can Lombardi & Lombardi, P.A. Help Me After a Serious Work Injury?
Serious work injuries are rarely straightforward legal matters. Your employer’s insurance company may limit treatment options, restrict wage benefits, or pressure you to return to work early. A third-party insurer may dispute liability, shift blame, or deny responsibility entirely. At Lombardi & Lombardi, P.A., we protect injured workers on all fronts. Our New Jersey serious work injury lawyers can:
- File and manage your Workers’ Compensation claim.
- Challenge claim denials or delays.
- Ensure you receive necessary medical treatment.
- Investigate potential third-party negligence.
- Pursue personal injury litigation when available.
- Maximize financial recovery across both systems.
- Coordinate benefits for full compensation.
- Advise you regarding settlement offers.
When a serious injury threatens your career, income, or ability to support your family, you need a firm experienced in navigating both systems and holding every responsible party accountable.
Our New Jersey Serious Work Injury Lawyers at Lombardi & Lombardi, P.A. Help New Jersey Workers Navigate Dual Third-Party and Workers’ Compensation Claims
If you were injured at work, our skilled New Jersey serious work injury lawyers at Lombardi & Lombardi, P.A. can review your case, identify potential third-party claims, and help you secure the compensation you deserve. Call today at 732-906-1500 or contact us online to schedule a free consultation. With office locations in Brick, Freehold, Edison, and Toms River, New Jersey, we proudly serve clients throughout the state.
