If you were injured on the job anywhere in New Jersey, you may be wondering whether you can collect workers’ compensation and also bring a separate lawsuit. In many situations, the answer is yes. Workers’ compensation is the no-fault benefit system provided by your employer. A separate civil claim may also be available against a third-party, such as an at-fault driver, a subcontractor, a property owner, or a product manufacturer. Understanding when both paths apply helps you protect your access to medical care and pursue the full measure of losses allowed under New Jersey law.
At the Law Offices of Cohen and Riechelson, we guide clients through both the workers’ compensation process and, when the facts support it, a related third-party claim, so your workers’ compensation rights and any related third-party options are fully evaluated.
Workers’ Comp in New Jersey: What It Is and What It Is Not
Workers’ compensation is designed to step in quickly after a workplace injury. Because it is a no-fault system, you do not have to prove your employer did anything wrong to receive authorized medical treatment and wage replacement while you recover. Depending on the case, you may also qualify for permanent disability benefits. Families may receive death benefits after a fatal incident.
There is a key limitation. Workers’ compensation does not cover non-economic losses. Think of comp as the baseline that covers medical care with authorized providers and a portion of lost income. If a non-employer party contributed to your injury, a separate civil claim may address losses that comp does not, including long-term impact on earnings and future care needs allowed by law.
When You Can Sue a Third Party for Injuries Suffered While You Were on the Job
New Jersey law generally bars lawsuits against your employer for ordinary negligence, with narrow exceptions for intentional wrongdoing. It does not protect other negligent actors. In these situations, a third-party claim may be available while your comp benefits continue. Common third-party scenarios include:
- On-the-clock vehicle crashes. You are struck by another motorist while traveling between job sites or making deliveries. The at-fault driver is a third-party, so your comp claim continues, and a negligence case may be available.
- Construction, warehouse, and logistics incidents. Hazards created by a subcontractor or vendor, such as debris in walkways, unsecured wiring, or a misassembled scaffold or lift, can support a third-party claim.
- Off-site property conditions. If you slip, trip, or fall at a client’s location, a premises liability claim may exist against the owner or manager.
- Defective tools or machines. A saw, press, conveyor, or fall-protection device fails because of a product defect, or outside maintenance is performed negligently. Situations like these may support a product liability or negligent-maintenance claim.
These situations arise across New Jersey, including in motor vehicle accidents that occur on Route 1, the Garden State Parkway, the New Jersey Turnpike, and I-295.
Coordinating Both Claims and Protecting Your Net Recovery
When workers’ compensation has paid for your medical care or part of your wages and you later receive money from a negligent third-party, Section 40 applies. The law allows the employer or its insurer to be reimbursed from a portion of that recovery. The amount is set by a statutory formula that first credits your attorney’s fee and certain litigation costs.
Our role is to explain the calculation in plain language, seek proper application of the formula, and keep your net recovery front of mind. We also keep the claims coordinated by confirming authorized care, addressing approval issues, and preserving the evidence needed for the third-party claim.
Deadlines You Should Not Miss
- Workers’ Compensation: In most cases, you have two years to file a formal Claim Petition, although notice of the injury must be provided much earlier. The clock generally runs from the date of injury or from the last payment of compensation or authorized treatment, whichever is later. Filing for an informal hearing does not toll the statute of limitations.
- Third-Party Personal Injury Claims: Most negligence cases must be filed within two years of the incident under New Jersey law. An adjuster’s promise to follow up does not pause this deadline.
If you were injured at work, contact a New Jersey workers comp injury lawyer as soon as possible. An attorney can verify your exact deadlines, document notice to your employer, and secure the evidence needed for your workers’ comp and any third-party lawsuit.
What to Do Right Now: A Simple Checklist
- Report the injury immediately to your supervisor or HR and keep a copy of any notice or documentation you submit. Timely notice matters in injury cases.
- Ask for authorized medical care and follow the treatment plan. Save discharge notes and referrals.
- Document the scene with photos or video of the hazard, property conditions, equipment, and injuries.
- Identify potential third parties such as subcontractors, delivery companies, equipment manufacturers, and property managers. Take photos of logos, vehicles, labels, and badges.
- Preserve physical evidence, including defective tools, PPE, or broken components. Note model and serial numbers.
- Gather witness information with names, phone numbers, and brief statements if possible.
- Track wage loss and mileage for medical appointments; these records support both claims.
- Avoid making recorded statements to any third-party insurer until you have legal guidance.
- Coordinate both claims so workers’ comp continues paying authorized care while any third-party case is investigated and built.
- Speak with a workers’ compensation attorney as soon as possible to preserve deadlines, confirm authorized treatment, and coordinate any third-party claim.
How We Handle Work Injury Claims
Work injuries create real concerns: medical bills, time away from work, and uncertainty about what comes next. At the Law Offices of Cohen and Riechelson, our attorneys have represented injured workers in New Jersey since 1972. We prepare each matter with trial in mind because careful preparation often leads to fairer outcomes, whether through negotiation or in court.
We handle workers’ compensation claims and any related third-party injury claims that may arise from the same incident. Our role is to coordinate both matters, protect deadlines, and keep your medical care on track while the civil case is evaluated and, when appropriate, pursued. We serve clients throughout New Jersey and Eastern Pennsylvania with offices located in Hamilton, New Jersey; Philadelphia, Pennsylvania; and Bensalem, Pennsylvania.
FAQs We Hear in NJ
1. Can I sue my employer?
In most cases, no, with narrow exceptions for intentional wrongdoing. Workers’ compensation is your primary remedy against your employer for ordinary negligence. A separate civil claim targets non-employer parties, like drivers, subcontractors, product manufacturers, or property owners.
2. Do I have to choose between workers’ comp and a lawsuit?
Not if a third-party contributed to your injury. You can pursue both: workers’ comp for medical and wage benefits, and a third-party case for losses that comp does not cover under New Jersey law. We coordinate the claims and manage any reimbursement or lien issues to protect your net recovery.
3. What if the employer’s insurer is slow to approve treatment or contests my claim?
That happens. We can push for the care you are entitled to, confirm that treating providers are authorized, and challenge denials when necessary, while preserving evidence for any third-party claim.
4. How soon should I call a lawyer?
As soon as you can. Early steps, such as notice, evidence preservation, and deadline management, can determine the outcome of a case. Retaining legal counsel now can prevent costly mistakes later.
Ready to Talk?
At the Law Offices of Cohen and Riechelson, we represent clients across New Jersey, including the Middlesex and Mercer areas in Central Jersey and communities throughout South Jersey. Tell us what happened. We will explain your workers’ compensation rights, evaluate any third-party options, and outline the next steps for your situation. Call 609-528-2596 or contact us online to schedule a free 15-minute consultation.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.