Your Right to Sue in Court for a Work-Related Injury
Under the workers’ compensation laws of New Jersey, if you are hurt on the job, you have a right to pursue benefits through a workers’ compensation claim. If the injuries were caused by the negligence of your employer or a co-employee, the state workers’ compensation program provides your exclusive remedy—that means that you can’t file a lawsuit, but must recover for all losses through your workers’ compensation claim.
However, if your injuries are caused by the carelessness or wrongful acts of a third person (someone other than your employer or a co-employee), you have a right to seek damages in a court of law for those injuries. If your injuries were jointly caused by your employer and an unrelated third party, you can file a workers’ compensation and seek damages in court.
The advantage of a workers’ compensation claim—you don’t generally have to wait as long, and there’s far less red tape and maneuvering that goes on. In exchange, though, you agree to accept a specific benefit based on the type of injury you sustained. With a third party claim, there’s no limit on the damages you could receive, but you may need to go through the legal process, including appeals, before you see a penny.
So what are some examples of third party claims?
- You may be injured when a dangerous or defective machine, tool or other product malfunctions or breaks down. If the equipment was provided by a third party vendor, you can pursue them separately in court.
- You may be hurt in a motor vehicle accident involving an unrelated third party. You can seek compensation from that person in court.
Contact Attorney Howard D. Popper
To learn your options when you have suffered a personal injury on the job, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.