Your Options When You’re Hurt by a Third Party on the Job
In New Jersey, as in all states, when you’re injured while working, your first course of action will typically be to notify your employer and file a workers’ compensation claim. The requirements to qualify for workers’ comp are pretty straightforward: you must have suffered an injury and it must have happened during the course of your employment.
But it’s important to understand that workers’ compensation is intended to address injuries caused by your employer or a co-worker. If you suffer injuries because of the carelessness or negligence of an unrelated third party, you may be able to file for workers’ compensation benefits, but you may also have the right to file a personal injury lawsuit in court. If your injuries are caused entirely by your employer or a co-worker, workers’ compensation is the only recourse available to you.
Why Might You Want to File a Personal Injury Lawsuit?
Workers’ compensation laws were enacted in an effort to simplify the process for both workers and employers. As a worker, if your claim is approved, you can start receiving payments within a couple of weeks. Furthermore, as stated above, you don’t have to prove that your employer acted negligently or carelessly. Your injury must simply be work-related.
In a personal injury lawsuit, you will have to establish that the defendant (your employer or another party) was legally negligent. In addition, when you file a personal injury lawsuit, you can expect that, unless you settle before trial, it will be months and possibly years before your case is resolved (and before you receive any type of damage award).
The primary reason for filing a personal injury lawsuit is that you won’t be limited to the benefits available through a workers’ comp claim. The amount you receive through workers’ compensation is based on a specific formula, taking your recent wages into account. As a general rule, if you are fully disabled by your injury, you have the right to recover up to 70% of your average weekly wage. In a personal injury lawsuit, though, the jury won’t be limited to that amount and could return a significantly higher damage award. Of course, the jury may also reject your claim.
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.
