Should I File a Workers’ Compensation Claim or a Personal Injury Claim?

If you have been injured, you are probably wondering what your legal rights are. Are you able to pursue a legal claim? How do you file one? Are there different types of injury claims you may pursue? If you have been injured on the job in New Jersey, you have different options that may provide compensation.

When is a workers’ compensation claim appropriate?

Private employers in New Jersey must carry workers’ compensation insurance. Workers’ compensation insurance provides benefits to employees who are injured on the job. Generally, so long as an injury occurs in the workplace, or while the employee is performing work-related tasks, coverage is available.

The employee does not have to prove that the employer was negligent to recover compensation—workers’ compensation is a type of no-fault insurance. Workers’ compensation benefits are available no matter who was responsible for the accident. In addition to providing compensation to the injured employee, workers’ compensation insurance also protects the employer from being sued.

However, in some cases, a third party is responsible for an employer’s injuries.

Filing a personal injury claim for a work-related injury

If a third party is at least partially responsible for an injury that occurs in the workplace, it may be possible to file a personal injury claim in addition to your workers’ compensation claim.

Often, workers’ compensation claims do not fully reimburse an employee for the injuries he or she has sustained. Workers’ compensation usually provides compensation for certain types of medical treatments, a limited amount of lost wages, and a specific amount of compensation for the injury the employee suffered. A third-party personal injury claim may seek other types of compensation.

Third parties that may face liability for a work-related injury claim include:

• Security companies
• Landowners who fail to properly maintain their property
• At fault driver in a car crash
• Subcontractors
• Vendors
• Product manufacturers

A number of other individuals and entities may face liability for work-related accidents. With the assistance of an experienced injury attorney, all potential defendants are properly identified so that the maximum amount of compensation may be sought to fairly compensate you for your injuries.

I was injured at work, what should I do next?

If you were injured at work, you should seek the advice of an attorney experienced in both workers’ compensation claims and in personal injury claims as soon as possible to learn about your legal options. Be prepared to discuss the nature of your work, what you were doing at the time of the accident, and how your employer responded once provided with notice of your injury. You should provide any paperwork you have received from your employer that details the nature of the claim (such as an incident report), as well as copies of medical records that explain the treatment you have received so far. Your attorney is able to advise you as to what type of claim should be pursued.

If you were injured at work, the experienced injury attorneys at Leonard Legal Group can help

At Leonard Legal Group, our attorneys are experienced in work-related injury claims, including third party personal injury lawsuits and workers’ compensation claims. We ensure that the best route is chosen for your case, so you obtain as much money as possible. To schedule your free consultation, call (973) 984-1414 or visit us online.