Can You Get Workers’ Compensation? Is It Your Only Recourse?
In New Jersey, when you’re hurt on the job, you have a right to file a workers’ compensation claim. But workers’ comp benefits typically cover lost wages and medical expenses. What about compensation for physical pain and suffering caused by the accident? What if you have to give up activities you love because of your injuries? Do you have any other options when workers’ compensation doesn’t cover all your losses?
Can You File for Workers’ Compensation Benefits If You’re Hurt in a Car Accident at Work?
In New Jersey, there are only two requirements to qualify for workers’ comp: you must show that you have been injured and that your injury was work-related. Motor vehicle accident injuries are generally covered by workers’ compensation, with a couple exceptions:
- You cannot recover benefits for injuries suffered on your way to or from work (unless you deviated from your normal route to do something for work); and
- You cannot recover for injuries sustained when you leave work for a lunch break or non-work-related appointment.
Is Workers’ Compensation Your Only Remedy for a Work-Related Car-Accident Injury?
That depends. Workers’ compensation benefits are intended to cover losses caused by the carelessness or negligence of your employer or a co-worker. Accordingly, if you’re hurt in a car wreck caused by someone other than your employer or another employee, you have a right to file a personal injury claim in civil court. In fact, you can file a workers’ comp claim and a personal injury lawsuit simultaneously, though you cannot recover twice for the same losses. For example, if your medical expenses are covered by workers’ compensation, you cannot recover them again in a personal injury lawsuit.
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 a work-related motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.
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.