Are You Limited to Workers’ Compensation? When Can You File a Personal Injury Lawsuit?
In New Jersey, as in all states, there are workers’ compensation laws that provide benefits to people who suffer from a job-related injury or illness. There are only two requirements to qualify for those benefits: you must have been injured and the injury must have been work-related.
Typically, when you think of a workplace injury, it’s a slip and fall or it’s caused by lifting a heavy object. What happens though, if you are driving somewhere for work and you’re involved in a car accident? Can you file a workers’ compensation claim? If so, are you limited to the benefits you receive through the workers’ compensation system? Can you ever file a personal injury lawsuit to recover damages after a work-related auto accident?
The Purpose of Workers’ Compensation
The workers’ compensation laws were enacted as part of the “grand bargain,” intended to provide benefits to both employers and employees. For workers, it offers the possibility of receiving benefits within a couple of weeks, provided your claim is approved. In addition, you don’t have to prove that your employer acted carelessly or negligently, only that you were hurt on the job. For employers, it sets a limit on liability, as the benefits paid are based on the workers’ average weekly wage over a certain period of time. That prevents a sympathetic jury from returning a large damage award.
The workers’ compensation laws, though, apply only to injuries caused by the employer or a co-worker. If your injuries result from the wrongdoing of an unrelated third party, you are not restricted to the benefits available through a work comp claim.
How Does This Apply to Losses Suffered in a Work-Related Motor Vehicle Accident?
If the wrongdoing (carelessness or negligence) of anyone other than your employer or a co-worker caused or contributed to causing the motor vehicle accident, you can always bring a personal injury claim in civil court against that person. At the same time, if your accident occurred while you were on the job, you may file a work comp claim. Accordingly, you can file both simultaneously, though you can’t recover for the same losses in both proceedings. For example, if your medical expenses are paid by work comp, you cannot recover damages for them 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, including a pedestrian-auto accident 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.