Qualifying for Workers’ Compensation | Can You File a Personal Injury Lawsuit?
You’ve been hurt on the job and your injuries prevent you from working. In New Jersey, you have the right to seek benefits through the state’s workers’ compensation laws. What must you show to be eligible to receive work comp benefits? Will you be limited to the payments you receive through a workers’ compensation claim?
How Does Workers’ Compensation Work in New Jersey?
In New Jersey, as in most states, employers are generally required to have workers’ compensation insurance or obtain approval from the state to be self-insured. The workers’ compensation laws in New Jersey are designed to provide benefits to both workers and employers. As an injured worker, you’ll potentially have access to benefits within a few weeks, provided your claim is approved. Furthermore, you don’t need to show that your employer was negligent or careless to qualify for benefits. The only requirements for eligibility for work comp benefits are that you were injured and that the injury occurred in the course of your employment.
Will You Be Limited to the Benefits Available through a Workers’ Compensation Claim?
Not necessarily. Workers’ compensation benefits are intended to be your “exclusive remedy” for injury or loss caused by your employer or a co-worker. That means you cannot bring a personal injury lawsuit in the civil courts for those types of injuries. However, if your injuries were caused, in whole or in part, by the wrongful actions of an unrelated third party, you won’t be limited to the benefits available through workers’ compensation. For example, if you were hurt in a car accident while on the job, you can bring a personal injury claim against the at-fault driver, provided he or she was not your employer or a co-worker.
It’s important to understand, though, that you cannot recover twice for the same loss. If your medical expenses are covered by work comp, you cannot claim them in a personal injury lawsuit.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
