Hamilton NJ Workers’ Compensation Claims Against Third Parties Lawyer
With Offices in Hamilton and Pennington, NJ
Injuries sustained in the course of completing your work are a literal and logistical pain, especially when you are rendered unable to continue providing for your family. New Jersey and all U.S. states require employers to have workers compensation insurance, established to protect employees and provide financial compensation in the case that they are injured on the job. 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.
Cohen & Riechelson is a highly respected law firm with a tradition of excellence in New Jersey and Pennsylvania. Our attorneys have more than 50 years of experience assisting injured workers in Mercer County, Middlesex County, Burlington County, and throughout New Jersey, 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 CR now at (609) 528-2596 to explore the possibility of filing a personal injury suit against a third party for your work-related injury. A member of our team will be pleased to provide you with a free consultation.
Understanding Third Party Liability and Its Implications for Employee Injuries in New Jersey
Third-party liability refers to the legal responsibility that parties outside of the employer-employee relationship may have when an employee is injured. Liable third parties could include manufacturers of failing equipment, independent contractors, or even other employees acting outside the scope of their work duties. In the same way as other personal injury claims, if a third party’s negligence is found to be responsible for an employee’s injuries, they can be held accountable for damages.
If you are injured in an accident at work, you will likely receive workers’ compensation benefits. Third-party claim filings lead to additional financial compensation when your injury is the fault of another’s negligence, meaning a party other than your employer. They cover such damages as medical expenses not fully covered by workers’ compensation, lost wages due to time off of work, and even non-economic damages such as emotional pain and suffering. The financial relief provided by third party compensation can significantly benefit the injured worker and their family, especially when faced with ongoing medical bills and lost income.
Liable Third Parties in Mercer County NJ Workers’ Compensation Cases
Third-party liability allows injured workers to pursue claims against individuals or entities that may have a part to play in their injury. There are a myriad of situations in which a third party is responsible for a work injury. 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. These could include manufacturing defects like faulty machinery that cause injury to an employee. When equipment fails, the employer may not be the directly responsible entity for the accident, though they are responsible for properly maintaining all equipment. 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. Third parties may also be liable in injury accidents occurring on construction sites when subcontractors or site managers are involved. Those that do not adhere to safety regulations can be held responsible when an injury occurs.
- Co-Workers: When accidents involving other employees happen, they can be held responsible if they acted outside of their realm of work. 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.
Requirements to Hold Third Parties Accountable for NJ Work Injuries
To hold a third party accountable, certain elements of fault must be proven. These include negligence, duty of care, and causation. You must prove that the third party failed to provide care in service, and that this negligence was in breach of their legal obligation. Where the third party demonstrated negligence contrary to their duty, you must prove that the negligence directly caused the accident that resulted in injury.
Third-party claims are often more complex, involving intricate legal issues and multiple parties. It is important to have a qualified workers’ compensation personal injury attorney on your side to navigate the legal considerations and practical complexities. First, in order to prove third party liability, you need to gather strong evidence. This can prove to be a challenge. An attorney will help collect witness statements, expert testimony, and documentation of the accident and injuries. Additionally, there is a time frame within which you must file a third party claim. New Jersey’s statute of limitations is two years for personal injury accidents.
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 compensation awarded in a third-party claim is often broader that that awarded 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. Workers’ compensation generally covers medical expenses and a portion of lost wages, and an employee does not need to prove fault to recover this compensation. That it happens on the job is enough. On the other hand, a third party claim can result in compensation for full medical expenses, out-of-pocket costs, lost wages ranging into the future, and pain and suffering.
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
An experienced attorney is an essential ally for successfully navigating third-party claims. Cohen & Riechelson is ready to fight on your behalf so that you get the compensation you deserve. Our experienced lawyers will thoroughly investigate the accident and gather evidence, determining who all liable parties are and exactly how the accident happened. We also serve as an in-between for you as the victim, advocating for fair compensation during settlement discussions and giving you the space you need to rest and recover. Our litigators are also fully equipped to represent you in court if a settlement cannot be reached and litigation is necessary.
Our trusted law firm has over 5 decades of experience representing victims of work-related accidents in Princeton, Hamilton, Trenton, Ewing, Lambertville, Mercer County, Middlesex County, Burlington County, and across the Southern New Jersey area. We know how important it is for you to recover full damages in an accident, so that you can continue providing for your family even as you face an injury that requires time and patience for recovery. 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.
Contact us today at (609) 528-2596 for a free consultation to discuss your claim and all possible avenues for compensation in your workers’ comp and possible third party liability case. You can also email us to schedule a free, no-obligation consultation at our offices in Hamilton or Pennington.
