Identifying All Potential Sources to Cover Your Losses
In New Jersey, when you’ve been hurt while in the course of your employment, you have a right to file a workers’ compensation claim to cover lost income and medical expenses. Though work comp is often referred to as an “exclusive remedy,” there are situations where may file a claim under the New Jersey workers’ compensation laws simultaneously with a civil personal injury lawsuit for damages. Such a remedy is often available when you have been injured in a work-related auto accident.
Third Party Claims and the Workers’ Compensation Laws
The New Jersey workers’ compensation laws were enacted as a “great bargain,” purportedly offering benefits to both workers and employers. For workers, the process is intended to be simpler, avoiding the time and expense of a trial, and allowing for the collection of benefits within weeks, if approved. For employers, because of the fixed benefits available under the work comp laws, the fear of exorbitant damage awards from sympathetic juries is alleviated.
However, the workers’ compensation laws are intended to be the exclusive remedy only for injuries resulting from the wrongful acts of an employer or co-worker. If your injuries were caused by an unrelated third party, such as the driver of another motor vehicle (who does not work for your employer), there is not to prohibit you from seeking damages from that driver in a personal injury lawsuit. The only limitation—you cannot recover twice for the same loss. If your medical expenses are paid through a workers’ compensation claim, you cannot recover them again in a personal injury lawsuit against the driver of the other car.
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 motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all car accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.