When working in any capacity, there is a chance you could sustain injuries. As an employee of a business, you have options if you have been injured, require medical care and potentially need to miss work in New Jersey. There's a system in place called Workers' Compensation, which covers your medical losses and lost wages. However, if your employer or another third party is at fault, you could potentially have one more option: a personal injury lawsuit against your employer.
There's more about this question as you continue reading. Of course, speaking with an experienced NJ personal injury attorney can help you better understand your options if you have questions or are unclear about what steps to take.
Brandon J. Broderick, Attorney at Law has a solid track record of success representing clients in injury lawsuits over the past decade. Call us today for help.
When Can You Sue a New Jersey Employer for a Work-Related Injury?
You normally cannot sue your employer for negligence under the NJ workers' compensation system. This is due to the fact that it is a no-fault state, which means, regardless of who is at fault, you are eligible for workers' compensation benefits from the employer's workers' compensation insurance. This allows workers to get the medical care they need without question, and at the same time, shield employers against lawsuits.
Workers' compensation is typically the sole option available for injured workers in New Jersey because of the nature of the state's workers' compensation law.
However, you are permitted to file a personal injury claim against an uninsured employer, as well as a few other exceptions, which includes:
Intentional Acts
Despite the fact that workers' compensation laws forbid you from suing your employer for negligence, there is an exemption if they willfully caused your injuries. If your company, for instance, removed safety guards on large machinery, you might be entitled to file a lawsuit. Companies are required to take all reasonable steps to ensure that employees are safe while on the job under state law.
Product Liability
When an employee is hurt as a result of a defective product, you potentially have a third party claim on your hands. An injured worker may be entitled to compensation that goes much beyond workers' compensation payments in a product liability case.
Accidents "off the job"
You could potentially file a personal injury case against your employer and receive compensation if you were not "on the job" when you were hurt. Sometimes businesses claim that a worker who was wounded while traveling to work was not entitled to workers' compensation benefits. However, this could put the employer at risk for negligence claims from third parties.
Sexual Harassment and Defamation
In circumstances of sexual harassment and slander, you may also be able to bring a lawsuit against your workplace.
Retaliation
If your employer fires you for submitting a workers' compensation claim, you may also sue them. This is so because employees are expressly protected from retaliation under the workers' compensation statute.
Our Skilled Personal Injury Attorneys Are Available to You
We are available to you if you require legal assistance about a workplace injury that you are unclear of. With years of legal experience under their belts, our attorney team at Brandon J. Broderick can provide sound legal counsel about your case, whether it involves a straightforward workers' compensation claim or a third party personal injury lawsuit.
We are committed to giving each client the best experience possible. Call us right away for a free consultation to go over your case.
For many years, we have offered legal assistance to clients in and around New Jersey, as well as the surrounding states, such as Connecticut, Pennsylvania and New York.