In an article we released several months ago, we discussed some of the important differences between workers’ compensation claims and personal injury claims in terms of the compensation they award, and the requirements for successfully securing compensation through either type of claim.
Today however, we would like to focus on exactly when either type of claim can be filed, as many people injured while working are unsure of their options, and are unaware of the fact that they may be eligible to file both a workers’ compensation claim with their employer as well as a personal injury claim against another liable third party.
Lawrence Injury Attorneys Help File Claims for Work-Related Injuries
Acts of negligence which would typically result in a personal injury claim most often do not when it comes to an employee holding an employer liable. The only time an employee can file a personal injury claim against their own employer is when they are able to prove that their employer purposely tried to damage or hurt them and/or other employees. This is part of the trade-off of all New Jersey employers being required to carry workers’ compensation insurance, and reimburse employee’s medical expenses and lost income in the case that they are injured regardless of fault.
However, if you have been injured while working, while you most likely will not have a personal injury claim against your own employer, that isn’t to say that you won’t have one against some other responsible third-party. Work-related injuries which result in personal injury claims often occur (but are not limited to):
- Construction Sites – Larger construction sites tend to have multiple different contractors present, and can lead to personal injury claims for many different types of accidents such as ladder and scaffolding accidents, defective product claims, forklift accidents, and many different types of construction accident claims.
- Delivery Services and Other Professional Drivers – People who drive a vehicle for a living often find themselves of filing both a workers’ compensation claim as well as a car accident or truck accident personal injury claim when they are injured by the reckless or negligent actions of other drivers and motorists.
- First Responders – Emergency responders such as firefighters, police officers, and emergency medical treatment professionals also commonly have the option to file personal injury claims when injured on the job. Their injuries tend to result from unsafe or dangerous properties (premises liability claims), and motor vehicle accidents while traveling to an emergency call.
Of course, these are simply the most common type of professionals whose work-related injuries often result in workers’ compensation claims as well as personal injury claims. If you or a loved one has been injured while on-the-job, contact our Lawrence personal injury attorneys today to discuss your options for injury compensation and recovery in a free and confidential consultation.
Why File a Personal Injury Claim for a Work Injury? Ewing Work Injury Lawyers
The question then becomes, if any work-related injury can be compensated through the employer’s workers’ compensation insurance, while then file a personal injury claim? Firstly, any personal injury recovery you do secure will not prevent you from also filing for workers’ compensation, or for your workers’ compensation to be reduced in any way.
Secondly, and perhaps more importantly, workers’ compensation does not award pain and suffering damages nor any kind of punitive damages either. When an injury results in serious changes to the injured party’s lifestyle or that of their family’s as well, while no amount of money can ever change what has already happened, pain and suffering damages are what truly allows a family to begin rebuilding, as medical expense and lost income damages only go so far.
So while personal injury claims (unlike workers’ comp claims) do require proof of negligence, something which can take time, effort, and the services of an experienced Ewing work injury lawyer, there is no reason to not at least speak with an attorney regarding your options if you have been injured at work. You have nothing to lose from filing both types of injury claims, and quite a deal to potentially gain.
Contact Our Mercer County Personal Injury and Workers’ Compensation Attorneys Today
At The Law Office of Kamensky, Cohen & Riechelson, our attorneys have extensive experience helping clients injured on-the-job to recover full and fair workers compensation as well as personal injury compensation in towns across New Jersey and Mercer County, including Trenton, Ewing, Hamilton, Lawrence, Windsor, and Pennington.
Established in 1972, our firm has carefully built a reputation for attentive and effective service, and insurance companies across the state know to respect and faithfully negotiate with any client we represent.
To speak with one of our attorneys today in a free and confidential consultation regarding any kind of injury sustained while working, your options for making a personal injury recovery in addition to a workers compensation recovery, and how exactly we can help you to do so, please contact us online, or through our Trenton, NJ office at (609) 528-2596.