Third Party Lawsuits for Workplace Accidents
New Jersey Work Injury Attorneys on Your Compensation Options
Workers compensation pays injured employees for medical bills, lost wages as well as other expenses related to workplace accidents. However, the workers comp system also protects employers from personal injury lawsuits. In general, this means you cannot sue your employer for injuries sustained on the job. On the other hand, if another company causes or contributes to your work injuries, you may be able to file a lawsuit and collect compensation from that third party.
If you were hurt in a workplace accident, there may be multiple avenues available for you to collect compensation. A New Jersey work injury lawyer from Donald G. Targan & Associates can explain your legal options. We can represent your workers comp claim as well as your third party personal injury lawsuit, if applicable. In one successful case, we obtained a verdict of $8.8 million in a third party lawsuit on behalf of the victim of a fatal construction accident.
When Can I File a Third Party Personal Injury Lawsuit?
You may be able to file a personal injury lawsuit after a work accident if a person or company other than your employer or coworker is responsible. For example, several different businesses typically operate on a given construction site. In the event of a construction accident, multiple companies may be to blame. Common reasons for third party claims include:
- Equipment or machinery defects. A design or manufacturing defect in the equipment you use for your job may cause a malfunction, leading to serious work injuries. If so, you may be able to file a personal injury lawsuit against the owner or manufacturer of the machinery, separate from your workers comp claim.
- Car accidents. Any injury you sustain while performing any kind of work duty is grounds for a workers compensation claim. This includes car accident injuries if you are driving as a part of your job, are on a business trip or are running errands for your employer. However, you may also be able to file a third part lawsuit against the at-fault driver after a crash.
- Premises liability. You may work in a building or on a location owned by someone other than your employer, such as a construction site. If an unaddressed hazard on the property causes a workplace accident, the property owner may be liable for the damages.
- Contractor or subcontractor negligence. Your company may employ a variety of subcontractors for different jobs. If negligence on the part of any subcontractors causes your work injuries, you may have a third party claim. Additionally, if you work for a subcontractor, you could potentially hold the main contractor accountable for your injury.
Can I Still Collect Workers Comp If I File a Third Party Lawsuit?
Injured employees typically receive workers comp benefits for any and all workplace accidents, regardless of fault. If someone else’s negligence contributed to your work injuries, you may also file a third party lawsuit for additional compensation. The law does not allow a person to recover twice for the same expenses, but a third party personal injury lawsuit allows for a greater potential for damage claims than workers comp alone. You may seek damages for the full loss of income and benefits as well as pain and suffering in a lawsuit, unlike a workers comp claim. Therefore, you stand to recover more from the third party claim.
However, all workplace accidents are different, and there may be some cases where a lawsuit is inadvisable. An experienced New Jersey work injury attorney can help you decide what legal options are best for your unique situation.
Need to File a Third Party Claim? Contact a NJ Work Injury Attorney Today
Workplace accidents are rarely simple. If you believe that a third party caused or contributed to your on-the-job injuries, you may be entitled to additional compensation through a personal injury lawsuit. At Donald G. Targan & Associates, we have been handling both workers comp and third party claims for nearly 50 years. No matter circumstances caused your work injury, we can provide advice and representation so you get the maximum compensation possible.
Contact us online or call our offices in Atlantic City or Cape May to schedule a free initial consultation with a work injury attorney.