If you would like to speak with a Newark workers compensation lawyer about the possibility of suing your employer after an injury on the job, call Rispoli & Borneo. Our attorneys have helped thousands of employees receive maximum compensation for their workplace injury.
A workers compensation lawyer in Newark can review your case, and may offer an opinion as to whether or not you should consider a lawsuit in lieu of a workers compensation claim. At Rispoli & Borneo, our attorneys provide a complimentary one-on-one case review, during which they may be able to provide you with personalized information. The following may address your general questions.
Requirements for Pursuing a Lawsuit Against Your Employer
When an injured employee accepts a workers compensation settlement, they are essentially agreeing not to sue their employer for the workplace injury. Pursuing a lawsuit can be challenging and costly. It also holds no guarantee that you’ll receive compensation, unlike workers compensation, which guarantees a percentage of your damages, and may include lost wages. For a judge to accept your lawsuit against your employer, certain criteria must be met:
1. You must prove one of the following to be eligible to sue your employer:
- Your employer purposely hurt you with the intention of causing harm.
- Your employer does not have enough workers compensation insurance to cover the damages you have suffered as a result of your injury.
2. If you hire a Newark workers compensation lawyer, he or she must prove that the injury or serious illness you suffered was directly related to working at your job.
3. After you hire a Newark workers compensation lawyer, he or she will have to establish that your employer’s wrongful action caused your illness or injury. This is a higher legal standard than that required by workers compensation claims, which is simply to prove that you were injured at work.
4. Your total damages related to the injury must be documented. This may include:
- Medical bills
- Lost wages
- Compensation for permanent injuries, scarring, or disfigurement
Potential Damage Recovery
Your Newark workers compensation lawyer may determine that due to your personal injury, you deserve additional compensation. In addition to the damages noted above, you may be eligible to receive compensation for any of the following:
- Pain and suffering. In certain cases, especially those involving lasting injuries, your attorney may include a dollar amount for the pain and suffering you have endured, and for the pain and suffering you will likely experience in the future.
- Punitive damages. Punitive damages are intended to punish the employer for knowingly and intentionally causing you harm and injury. Punitive damages can be difficult to collect, and are often not included in lawsuits or settlements for that reason. When your case is first reviewed by a workers compensation lawyer Newark employees recommend, you can ask the attorney if he or she believes punitive damages are warranted.
Because a statute of limitations applies for personal injury lawsuits, it’s important that you not delay in seeking legal help. Contact us at Rispoli & Borneo, so that you can arrange to meet with a Newark workers compensation lawyer to review your case immediately.