Hamilton NJ Workers’ Compensation Claims Against Third Parties Lawyer
With Offices in Trenton and Pennington, NJ
Although the New Jersey workers’ compensation system prevents injured employees from suing their employers, an injured worker does not give up their right to sue some other third party who was negligent and caused the injury or illness. In some workers’ compensation cases, an injured worker is still able to file personal injury claims against negligent third parties. If you have been injured on the job, it is important for you to consult with an experienced workers’ compensation and personal injury attorney so that you can obtain the maximum available compensation.
Kamensky Cohen & Riechelson is a highly respected law firm with a tradition of excellence in New Jersey and Pennsylvania. We have more than 40 years of experience assisting injured workers in Mercer County, including Lawrence, Robbinsville, and East Windsor. Our experienced lawyers understand the nuances of New Jersey personal injury and workers’ compensation laws. This means that we are often able to maximize benefits for our clients. Call KCR now to explore the possibility of filing a personal injury suit against a third party for your work-related injury.
Liable Third Parties in Mercer County NJ Workers’ Compensation Cases
If you were injured on the job, you might be able to file a claim against any number of third parties:
- Motor Vehicle Drivers: Third party liability claims stemming from work-related accidents are most common when the worker was injured in a motor vehicle accident. For example, you may have been required to drive a vehicle as part of your job when the accident occurred.
- Product Manufacturers: Other potentially liable third parties include product manufacturers. In fact, many product liability cases involve individuals who were injured while using a dangerous or defective product at work. For example, you might have suffered severe injuries after you hand got caught while operating heavy machinery at your place of work.
- Property Owners: Depending upon the circumstances of your injury, you might be able to sue property owners or subcontractors.
- Co-Workers: You might also be able to sue a co-worker who assaulted you and caused serious physical injuries. Although your employer is protected against lawsuits because of workers’ compensation law, your co-workers are afforded no such protection against liability.
You should be aware that a third party claim is often more difficult than a workers’ compensation claim. While you do not need to prove fault in order to file a workers’ compensation claim, you will need to establish fault in order to file a claim for damages against a third party.
Damages in Claims Against Third Parties in Princeton, NJ
One of the major advantages to filing a third party claim is that you can potentially recover damages and compensation that would otherwise be unavailable to you in a workers’ compensation claim. The ability to sue third parties is important because workers’ compensation claims do not cover damages related to an injured worker’s pain and suffering. Moreover, there are statutory limits on the amount of money that an injured worker can recover through a workers’ compensation claim.
Keep in mind that the compensation you receive in a civil action against a third party could affect the damages you receive in a workers’ compensation claim. If you receive compensation through a workers’ comp claim and then later receive compensation from a third party for the same injuries, you might be required to repay the employer. In other words, you won’t be able to collect double recovery for the same injury. Sometimes, this results in subrogation, with the insurance company assuming the legal rights of the injured worker.
Speak with Trenton NJ Workers’ Compensation Attorneys
Kamensky Cohen & Riechelson is ready to fight on your behalf so that you get the compensation you deserve. We handle all personal injury and workers’ compensation cases on a contingency fees basis; we only get paid after we collect money for your claim. Call us today to explore all possible avenues for compensation in your workers’ comp case. You can also email us to schedule a free, no-obligation consultation at our offices in Trenton or Pennington.