Is Workers’ Compensation Your Only Option after a Workplace Injury?

Are There Other Legal Remedies Available to You?

The New Jersey workers’ compensation laws were enacted as the “great bargain,” ostensibly to benefit both workers and business owners. The system eliminates the need for a worker to show that his or her employer was negligent, and allows for potential access to benefits within weeks. The law also assures an employer that there won’t be a huge damage award from an overly sympathetic jury.

There are situations, however, where the benefits available through a workers’ compensation claim may simply be insufficient to cover all your losses. Are there any other remedies available to you? Maybe…

Third Party Claims in Workplace Injury Cases

In many circumstances, workers’ compensation will be your exclusive remedy for injuries sustained on the job. However, the workers’ compensation laws are intended to provide relief only for the wrongful acts of your employer or a co-worker. If, on the other hand, some of your injuries were caused by an unrelated third party, you may file a personal injury lawsuit against that party in civil court, seeking damages.

For example, suppose that you are driving for work and are involved in a car accident. To be eligible for workers’ compensation, you need only show that you were injured and that the injury was suffered in the course of your employment—you qualify. But workers’ compensation only covers the actions of your employer or a co-worker. If the driver of the other vehicle was an unrelated third party, you can still file a personal injury claim in court, seeking damages. In fact, you can simultaneously file a workers’ compensation claim and a personal injury lawsuit, though you cannot recover for the same losses in both proceedings.

Contact Howard D. Popper, P.C.

At Howard D. Popper, P.C., we can help protect your rights. For a free initial consultation to discuss your options after any type of workplace 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.