New Jersey Third Party Claims – Personal Injury & Accidents Lawyers Holding Third Parties Responsible for Work-Related Injuries
If you’ve been injured on the job, you may find it impossible to continue working. When you are first injured, you may automatically look to your workers’ compensation benefits. Unfortunately, a workers’ comp claim might not provide adequate compensation for a severe injury.
You may be able to receive additional compensation for your work-related injury if a third party was at fault. You may have a personal injury claim against a manufacturer, property owner or subcontractor.
If a third party has caused a workplace accident or contributed to your work-related injury, an experienced personal injury lawyer can help you file a civil claim against the third party.
What is the Difference between a Workers’ Comp Claim and a Third-Party Claim?
NJ employers are required to have workers’ compensation insurance. In exchange for your employer providing you with coverage for injuries caused on the job, you agree not to sue your employer for negligence. However, this does not preclude you from suing a third party who contributed to your work-related injury. This will allow you to seek workers’ compensation benefits as well as compensation from the third party who is responsible for your injury.
There are several advantages to filing a third-party claim in addition to your workers’ comp claim. Some of the more notable differences between workers’ comp claims and third-party claims include:
- Workers’ comp typically provides coverage only for necessary medical treatment, compensation for lost wages and compensation for injury. A civil claim against a third party can include additional damages.
- Under NJ workers’ compensation law, a person injured on the job may not bring a civil claim against their employer for pain and suffering (except in cases of intentional acts). However, a third-party claim allows you to potentially seek compensation for pain and suffering.
- New Jersey is a no-fault state for workers’ compensation. This means that it does not matter if you made a mistake that led to your injury at work. By contrast, a civil suit against a third party can be complicated by your own responsibility for causing the accident. However, you may still be able to file a negligence claim against a third party who is partially responsible for your injuries.
- In workers’ comp cases, benefits may not be available to workers who are injured while traveling to or from work. This is not true for separate civil claims against liable parties in motor vehicle accidents.
In summary: Even if you are unable to file a successful workers’ comp claim, you may still be able to bring a personal injury lawsuit against a liable third party.
There are certainly advantages to being able to file a civil claim against a third party for an accident arising in a workplace context. A few examples of third-party claims in a workers’ compensation setting include:
- Motor vehicle accident: Another motorist may be responsible for your injuries in a car accident that occurs while you are driving for your job.
- Violence in the workplace: A worker may have a third-party claim if they were assaulted by another person while at work.
- Security company liability: A security company can be held liable for overlooking a potentially hazardous condition in the workplace or for failing to take reasonable measures to prevent a violent assault.
- Landowner liability: A property owner or general contractor may be liable if they allow unsafe workplace practices and do not enforce necessary safety regulations.
- Subcontractor liability: A subcontractor may be liable for exposing workers to a dangerous condition at a construction site.
- Vendor liability: A vendor can be held liable for creating a condition that caused your work-related injury.
- Products liability claim: When a manufacturer poorly or negligently designs birth defects that contribute to an industrial accident, an injured worker may be able to file a separate tort suit against the manufacturer.
- Birth defects claim: The children of a worker who develops an occupational disease may be able to sue their parent’s employer for birth defects caused by the disease.
Speak with Freehold, NJ Personal Injury Lawyers about Your Third-Party Claim Stemming from a Workplace Accident
You should not be punished for simply doing your job. If you’ve been injured in a workplace accident, you deserve justice. An experienced personal injury lawyer can ensure that your rights are protected and that you get the compensation you deserve.
The skilled personal injury attorneys at Lombardi and Lombardi have over 35 years of experience helping victims of workplace accidents throughout New Jersey, including Monmouth, Ocean, and Middlesex counties. Additionally, since our civil trial team includes personal injury attorneys and workers’ compensation attorneys, we understand how to get the most out of a situation where both third-party liability and workers’ comp benefits are at stake.
Call us today or simply contact us online to arrange a free consultation at our offices in Brick, Edison, or Freehold. We can also travel to meet you if you are recovering in a hospital or at home.