Workers’ Compensation: Is it Always the Only Option After a Workplace Accident?

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Workers’ compensation insurance exists to provide benefits to employees who are injured on the job. Such benefits can cover medical expenses, lost income, and compensation for long-term disabilities. While workers’ compensation can provide valuable assistance following a workplace accident, it is common to wonder whether you have any additional options for financial relief. An experienced workers’ comp attorney can evaluate your situation and advise you of your rights and options for obtaining additional compensation.

Can You File a Personal Injury Claim?

personal injury claim

After an injury that was caused by another person, a victim often has the legal right to seek compensation by filing a personal injury claim in benefits, an injured or ill employee gives up the right to sue their employer for a workplace injury. With the monetary protections of workers’ comp come legal restrictions, though this does not bar a lawsuit in every case.

While you cannot sue your employer for negligence or fault in your accident, you may be able to file a claim if a third party was involved in causing your injuries. The following are some common examples of how third-party claims may arise:

  • Motor vehicle accidents – If you drive as part of your job and another driver who is not related to your work causes an accident, you have the option to file a personal injury claim against that driver.
  • Defective equipment – If you were injured because the tools or equipment you were using on the job was defective and malfunctioned, you may have the right to file a third-party legal claim against the manufacturer that produced and sold the defective equipment.
  • Dangerous property – If you are working on another party’s property at the time of your injury and the accident occurred due to a dangerous property hazard, the property owner may be held liable for your losses.
  • Subcontractors – While you do not have the right to sue your employer for on-the-job injuries, you may be able to hold a subcontractor or other individuals present on the site liable if they caused a danger that contributed to your injuries.

Whether or not you can recover through a third-party claim will depend on the circumstances of your particular accident and injuries, and you should always discuss this possibility with an experienced workers’ compensation attorney in NJ in order to fully explore all of your legal options.

Consult with a New Jersey Workers’ Compensation Attorney Today. If you have a work-related injury or illness, you should explore all possible legal options to ensure you receive the full financial recovery you deserve.

At the Wilton Law Firm, we can evaluate the circumstances surrounding the workplace accident and help to determine whether you have the right to file a third-party claim. In addition, we will help to ensure that you obtain the maximum benefits possible from workers’ compensation. Please call for a free consultation at 732-275-9555 as soon as you can or send us an email through our online contact form.

workers compensation claim guide