Construction workers in New Jersey face a high risk of injury due to the nature of their work environment. From falls and heavy machinery accidents to exposure to hazardous materials, the potential for serious injury is ever-present. When an accident occurs, injured workers have two primary avenues for seeking compensation: workers' compensation and personal injury claims. Understanding the differences between these two options and knowing when to pursue one over the other is important to ensure you get the compensation you are entitled to.
Workers' compensation was put into place to provide immediate financial support and medical benefits to employees who are injured on the job, regardless of fault. This system aims to ensure that workers receive prompt medical care and partial wage replacement while shielding employers from lawsuits. However, workers' compensation may not cover all the damages an injured worker suffers, particularly non-economic damages such as pain and suffering.
In contrast, a personal injury claim allows an injured worker to seek compensation for the full extent of their damages, including both economic and non-economic losses. This type of claim typically requires proving that the injury was caused by someone else's negligence, which can be involved and have a longer resolution process.
If you are injured at work and need legal help, the experienced lawyers at Brandon J. Broderick, Attorney at Law can assist you. We will help construction workers navigate these legal options to secure the best possible outcome for their cases.
Workers' Compensation: An Overview
What Is Workers' Compensation?
Workers' compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. In New Jersey, almost all employers are required to carry workers' compensation insurance, ensuring that their employees are protected in the event of an accident. The benefits provided by workers' compensation include medical treatment, temporary disability benefits, permanent disability benefits, and death benefits for dependents.
Benefits and Limitations
The primary advantage of workers' compensation is that it provides quick access to medical care and financial support without the need to prove fault. As long as the injury occurred in the course of employment, the worker is generally eligible for benefits. However, workers' compensation has limitations. It does not cover non-economic damages such as pain and suffering, and the compensation for lost wages is typically limited to a percentage of the worker's average weekly wage.
When to Pursue Workers' Compensation
Workers' compensation is appropriate when the injury is straightforward, and there is no question about the employer's compliance with safety regulations. It is also the best option when the worker needs immediate medical treatment and financial support without the delays that can occur with litigation.
Personal Injury Claims: An Overview
What Is a Personal Injury Claim?
A personal injury claim is a lawsuit filed by an injured person seeking compensation for damages caused by another party's negligence. In the context of construction accidents, this could involve third-party contractors, equipment manufacturers, property owners, or other entities whose actions or negligence contributed to the injury. Personal injury claims can provide compensation for medical expenses, lost wages, pain and suffering, emotional distress, and other related damages.
Benefits and Challenges
The primary benefit of a personal injury claim is the potential to recover full compensation for all damages suffered. This includes both economic and non-economic losses, which can be substantial in the case of severe injuries. However, personal injury claims can be more complex and time-consuming than workers' compensation claims. The injured worker must prove that the defendant was negligent and that this negligence directly caused the injury.
When to Pursue a Personal Injury Claim
A personal injury claim may be appropriate when a third party is responsible for the injury, such as a subcontractor, equipment manufacturer, or property owner. It is also suitable when the damages exceed what workers' compensation can provide, particularly for severe injuries that involve significant pain and suffering or long-term disability.
Choosing Between Workers' Compensation and Personal Injury Claims
Assessing Your Situation
Deciding whether to pursue a workers' compensation claim or a personal injury claim depends on the specifics of your case. Consider the following factors:
- Nature of the Injury: Is the injury severe enough to warrant additional compensation for pain and suffering?
- Liability: Is there a clear third party whose negligence contributed to the injury?
- Immediate Needs: Do you need quick access to medical treatment and wage replacement?
Combining Claims
In some cases, it may be possible to pursue both a workers' compensation claim and a personal injury claim simultaneously. For example, if a worker is injured by defective equipment, they can file a workers' compensation claim for immediate benefits and a personal injury claim against the equipment manufacturer for additional damages. Consulting with an experienced attorney can help you navigate these options and develop a comprehensive strategy.
Brandon J. Broderick, Attorney at Law is One Phone Call Away
The difference between a workers' compensation and personal injury claim may be hard to understand. Fortunately, you do not need to go through an injury alone. The construction accident lawyers at Brandon J. Broderick, Attorney at Law can help. We specialize in representing injured construction workers and are dedicated to helping you secure the compensation you deserve. Our experienced attorneys will be there for you throughout the entire process.
If you or a loved one has been injured in a construction accident, contact us today to schedule a consultation.