How Work Comp Claims Differ from Most Other Personal Injury Claims
When you have been hurt in an accident, one of your first concerns, after getting the medical attention you need, is recovering for any losses caused by the accident. Though you can always take legal action to recover for losses intentionally caused by others, as a practical matter, most personal injury claims are based on a legal claim of negligence. To prove negligence, you need to show that the “at-fault” party did not act as a reasonably person would under the circumstances. For example, if you suffered injuries in a motor vehicle accident, you may successfully prove negligence by showing that another motorist was speeding or failed to stop at a red light. If you were hurt in a slip and fall accident, you might demonstrate negligence by showing that the property owner failed to repair a broken step or torn carpet.
The Standard of Proof in a Workers’ Compensation Claim
When you have been hurt in the workplace and seek benefits through a workers’ compensation claim, you do not need to show that your employer acted carelessly or negligently. Under New Jersey law, to qualify for work comp benefits, you need to show only two things:
- You suffered an injury
- Your injury was work-related
Unless you are engaging in horseplay or violating known company policies at the time, virtually any injury sustained while performing the duties of your job will be covered by workers’ compensation. Furthermore, most injuries suffered on a break, at a company event or while traveling for your employer will entitle you to workers’ compensation benefits.
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 injury in the workplace, 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.