What if you are working at a construction site and become injured?
You go to the doctor and find out that you are not going to be able to work for the rest of the summer, which is the busiest time for you. You will be losing the wages you might have earned.
Or maybe you’re a teacher and are injured by a student, a not uncommon situation.
The first thing to do is file a worker’s comp claim. You get some help from your company’s insurer. But what will you do if the insurance company does not cover all the costs of your injury. The insurance company may say you have recovered, but you know that you haven’t!
What? Wait a minute, don’t walk away because this is not the end of it. You can contest the claim. You may be entitled to more money. The insurance company may be wrong.
Another scenario is that you may have a personal injury case.
What is Personal Injury?
Personal injury is a legal term for when someone causes injury to another person because of something they either did or failed to do under the law. Personal injury is separate from workers’ comp because someone besides your employer is held liable for causing the accident by his or her negligence.
Why can’t you have a personal injury claim against your employer? In workers’ comp cases, it does not matter who is at fault because the employer’s insurance is considered no-fault, so you are covered no matter what.
But when a corporation or a person is held liable for your work-related accident, you may also have a civil case against not your employer, but against another person or company that you don’t work for.
Quite often injured workers are able to bring both a workers’ comp claim and a third party claim at the same time, possibly entitling them to additional benefits.
For example, if a manufacturer produces a dangerous product that violates the laws regarding how it should be made, and you work with that product and are harmed, then you may have a personal injury claim, in addition to a workers’ comp claim.
If you file a lawsuit and sue the other party, it’s called a “third party claim” because it involves someone other than you, and other than your employer, the third party.
Summary
New Jersey state law requires that employers carry workers’ comp insurance for employees who are injured or made ill, either on the job or in the course of doing their jobs. It is no-fault and is paid by the employer’s insurance company.
In contrast, personal injury claims are made when someone or some entity is negligent and can result in pain and suffering claims, as well as medical bills. An experienced attorney can help you with both of these situations.
If you have made a workers’ compensation claim and you disagree with the insurance company about whether you have been treated fairly, talk to us. It’s free, and you only pay us out of what you win. You have nothing to lose by talking to us so call today 732-275-9555.
