Can You Ever File a Civil Lawsuit for Injuries Suffered on the Job?
When you have been hurt in an accident on the job in New Jersey, you can typically file a workers’ compensation claim for lost wages, as well as payment of medical expenses. Is that your only recourse after a workplace accident? Is a work comp claim the only way you can seek damages or monetary payments after a work-related injury? Is there any other avenue through which you may be able to pursue compensation?
How Workers’ Compensation Applies to Work-Related Injuries
The New Jersey workers’ compensation laws were enacted to benefit all parties involved in the aftermath of a workplace accident. Workers have access to benefits more quickly than if they had to file a personal injury lawsuit, and the process is often far less complicated. Employers don’t have to worry that sympathetic juries will render exorbitant damage awards.
The workers’ compensation laws, though, are intended to provide a means for recovery when a worker suffers injury because of the carelessness or negligence of the employer or a co-worker. They are not a substitute for the liability of unrelated third parties. Accordingly, if your injuries were caused in any way by someone other than your employer or a fellow employee, you can file a personal injury lawsuit to recover compensation. In fact, you can file such a lawsuit simultaneously with a work comp claim. The only caveat—you cannot recover for the same losses in both proceedings. If your medical expenses were paid through a workers’ compensation claim, you cannot recover damages for medical expenses in a civil lawsuit.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.