Filing a Personal Injury Claim When Injured On-the-Job
When a person is injured while performing work-related duties, they are eligible to file a workers’ compensation claim with their employer, regardless of where the fault for the accident lies. However, part of the trade-off for this “no fault” type of injury claim is that employees can almost never file negligence claims (personal injury claims) against their own employer.
However, many of our Passaic County injury clients are surprised to learn that these same NJ workers’ compensation laws do not prevent them from filing third party personal injury claims against liable parties other than their own employer, in addition to a workers’ compensation claim with their employer.
So if you have been injured on-the-job, when might you be able to file a personal injury claim in addition to a workers’ compensation claim, and what are the benefits to doing so? Let’s take a look.
Wayne Personal Injury Lawyers Help File Claims for Work-Related Injuries
So while employees can almost never sue their own employer for negligence, many times work-related injuries can be caused by parties other than fellow employees or a direct employer.
Construction sites are prime examples of such a scenario. Often there is more than one business entity present at a given construction site, and the negligent actions of other parties present at a construction site can lead to a personal injury claims such as premises liability, slip and fall, ladder and scaffolding, construction accident, forklift accident, product liability, and more.
In addition, construction sites often see the use of heavy equipment, equipment which needs to be manufactured and designed properly in order to avoid injury. When this equipment is not manufactured or designed properly, or they are used in an unsafe manner by individuals working for a different company than you, these actions can also lead to a successful personal injury recovery should any of these entities cause you injury while you are working.
Remember, construction is only a single example of a type of job which can often result in both workers’ compensation claims and personal injury claims when a person is injured while working. While perhaps not as prevelant, there are many scenarios in which a third party’s reckless or negligent actions can lead to you filing, and winning, a personal injury claim for injuries sustained on-the-job.
Why File a Third Party Personal Injury Claim When Injured at Work in Passaic County?
Workers’ compensation claims are intended to reimburse injured parties for their medical expenses and lost income as a result of their injuries. However, they do not include any kind of pain and suffering component, nor punitive damages.
Considering that these kinds of damages often total several times the value of a injured party’s medical expenses, pain and suffering and punitive damages typically represent the greatest portion of total injury recovery by far. And while workers’ compensation claims cannot recovery these types of damages, personal injury claims can, and do.
In addition to this much greater potential financial recovery, there is also nothing to prevent you from filing for workers’ compensation while also pursuing a personal injury claim against other third parties. In fact, whatever workers’ compensation you are entitled to will NOT be reduced by any personal injury recovery you and your Passaic County injury attorney are able to recover.
Contact A Clifton Work Injury Third Party Claim Attorney Today
The bottom line is that if you are injured on-the-job, while you almost certainly will want to file for workers’ compensation, there is no reason to not also explore your options when it comes to filing a personal injury claim against a liable third party.
While workers’ compensation may cover your medical expenses and lost income, serious injuries can have a life-long impact on the lives of those injured and their families, and can result in any number of unanticipated hardships, both financial and otherwise. For this reason, it is important that you and your family recover the compensation you truly need and deserve for the injuries and damages you have suffered as the result of the reckless or negligent actions of a another person or party.
At The Law Office of Fredson & Statmore, our attorneys have extensive experience successfully recovering personal injury compensation for clients injured on-the-job in towns across New Jersey and Passaic County, including Wayne, Clifton, Paterson, Little Falls, West Milford, and Woodland Park,
To speak with one of our attorneys and our legal team today in a free and confidential consultation regarding your accident, injuries, options for making a personal injury recovery, and how exactly we can help you to do so, please contact us online.