Third-Party Workplace Injury Claims: Beyond Workers’ Compensation
A work injury can be confusing, especially if a negligent third party was responsible for your accident. Let us help you sort out the issues and file the appropriate claims.
At Devlin, Cittadino & Toma, P.C., in Trenton, our NJ workers’ comp attorneys represent injured workers in Hamilton County, Mercer County, Burlington County and Middlesex County. We have been serving people in these areas for more than 60 years. You can count on us to help you get the compensation you deserve after a work accident.
The Difference Between Workers’ Compensation And Third-Party Liability In New Jersey
Workers’ compensation is available after an on-the-job injury. It is a no-fault system, which means you can get workers’ compensation benefits no matter who is at fault for the injury. Workers’ compensation provides medical benefits, partial wage loss benefits and death benefits. Receiving workers’ compensation benefits means that you cannot sue your employer unless they intentionally caused your injury.
You can, however, sue a negligent third party and still get workers’ compensation benefits. A negligent third party is a company or individual who is not employed by your employer, but who played a part in the accident that caused your injury. You can bring a separate personal injury suit against them.
What Are Common Negligent Third Parties In New Jersey Work Accident Cases?
There are many potential negligent third parties in a New Jersey work accident case, including:
- Suppliers and vendors
- Contractors and subcontractors
- Other drivers
- Manufacturers of defective equipment or tools
- Third parties with unsafe property conditions
- Maintenance and repair companies (electricians, outside grounds maintenance companies, vehicle repair/maintenance, building repair/maintenance, etc.)
If a different third party was responsible for your work injury, let us know and we’ll see if we can help you. We offer a free consultation to answer questions and discuss your claim.
Damages You May Recover In A Third-Party Personal Injury Lawsuit
A personal injury suit against a negligent third party allows you to seek additional compensation for your losses. This may include:
- Full wage-loss compensation
- Any medical expenses not covered by workers’ compensation, including future medical expenses related to the accident
- Pain and suffering (which is not available through workers’ compensation claims)
- Loss of enjoyment of life (also not available through workers’ compensation claims)
- Punitive damages (only for instances of extreme negligence)
When we review your injury claim, we will advise you of any additional personal injury damages you may receive.
New Jersey’s Statute Of Limitations For Workplace Injury Claims
Under New Jersey labor law, you usually have two years from the injury date to file a workers’ compensation claim. It is better to file as soon as possible, though, because you do not want to miss the deadline. People also typically need to start receiving benefits right away in cases of traumatic injuries.
Speak With Us Today To Learn More
Your consultation with us is free. Call us at 609-557-7876 or contact us online today.