is-workers-compensation-your-only-remedy-for-a-work-related-injurySo you have been hurt on the job. In New Jersey, as in other states, you are entitled to seek workers’ compensation benefits for injuries sustained during the course of employment. The workers’ compensation laws were enacted to provide a benefit to both parties in the aftermath of a work-related injury. For the worker, there’s the opportunity to start receiving benefits within weeks of the injury, with benefits retroactive to the date of injury. You don’t have to incur the expense of a lawsuit and you won’t have to wait for compensation until the legal process is exhausted. As an employer, you don’t have to worry that a sympathetic jury will come back with a huge damage award. Payments are generally fixed under the workers’ compensation system.

But is that your exclusive remedy in the aftermath of a workplace injury? It depends.

The workers’ compensation laws are intended to compensate a worker for the negligence of an employer or a co-worker. If your injuries were caused entirely by the carelessness of your employer or a colleague, you must look only to the workers’ compensation system for reimbursement of any losses. However, if you can show that your injuries were caused, in whole or in part, by an unrelated third party, you can still pursue damages in a lawsuit against that third party. In fact, you can file a lawsuit simultaneously with a workers’ compensation claim.

So what does a third party claim look like? Some of the more common ones include:
• Injuries sustained in a motor vehicle accident caused by a third party
• Injuries suffered as a result of the malfunction or breakdown of tools, equipment or products manufactured or marketed by a third party
• Injuries caused by the negligence of someone on adjoining property

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

We handle all workers’ compensation claims on a contingency basis. There will be no attorney fees unless we recover damages for your losses.

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