Can I File a Personal Injury Case for an On-the-job Injury?

The purpose of workers compensation is to ensure employees receive appropriate compensation for injuries sustained during the course of employment, regardless of fault. You may sustain injuries due to your own negligence. But even if your employer caused your injuries due to failing to correct an unsafe condition, workers compensation helps ensure you receive benefits, but prevents you from suing the company in most instances.

The State of New Jersey Department of Labor and Workforce Development provides important information about the benefits and procedures surrounding workplace injuries. But it does not explain your additional rights in the event that an outside party causes your injury during the course of doing your job, for example:

  • While stopped at a light driving your car on company business, another car crashes into your vehicle from behind
  • You sustain electrocution injuries in your office when you make contact with a live wire left exposed by an outside electrical contractor
  • During your work in a factory you incur injuries when a power tool just purchased by your company malfunctions the first time you use it

These are just a few examples of third-party negligence that may justify filing a personal injury claim. But your primary responsibility after suffering a workplace injury is to notify your employer as soon as possible after the accident. And if you believe you may have a third-party claim, seek advice from an attorney with experience in both workers compensation and personal injury law. You may have the right to pursue both types of claims.

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Berry, Sahradnik, Kotzas & Benson, A Professional Corporation
212 Hooper Avenue, P.O. Box 757
Toms River, NJ, 08753 USA
800-991-9279