A Workers Comp Lawyer Northern New Jersey Trusts Explains Work Injuries Cause by Third Parties
A workers comp lawyer knows that there are situations when a worker is injured that were actually caused by third-party negligence. For example, if a delivery driver is injured when their vehicle is smashed into because another driver ran a red light, this would be a third party work injury. In these situations, the injured driver could be eligible for both workers’ compensation benefits and additional compensation in a personal injury claim against the driver who ran the red light.
At Rispoli & Borneo P.C., we have extensive experience in third party work injury claim. We understand the legal complexities that are often involved in dealing with two different types of actions simultaneously and how important it is to be well versed in both areas of law. Contact us today to find out how we can help with your injury claims.
Third Party Claims
When a Northern New Jersey worker is injured in an accident caused by a third party, both claims should be treated separately. For example, in the scenario described above, the delivery driver would notify his or her employer of the injury and then file a workers’ compensation claim. Once the claim is accepted, that worker would have all of his or her medical expense covered and begin receiving a percentage of their wage each week.
The workers’ compensation claim would go through the same process as any other claim. The extent of the driver’s injury would determine how long they were out of work recovering, when they could return to work, and whether there are restrictions on that return.
In the meantime, your Northern New Jersey workers comp lawyer could also file a personal injury claim against the driver who caused the accident. Under a personal injury claim, a victim can pursue damages for the following:
· All past, present, and future medical expenses
· Loss of income and loss of any benefits
· Pain and suffering
· Emotional anguish
· Scarring or disfigurement
There are other losses a victim can pursue in a personal injury claim. Your workers comp lawyer can explain which of these losses apply in your case. In addition, there are cases where a victim can also receive punitive damages. This is often true in accidents where the at-fault party has broken the law, such as running a red light.
Personal Injury Awards
If you are successful in your injury claim, the workers’ compensation insurance company is entitled to receive the benefits they paid out for you for medical expenses and to you in wages if you are also awarded those same benefits in your personal injury claim. You are allowed to keep all other damages awarded to you.
Let a Northern New Jersey Workers Comp Lawyer Help
If you have had the unfortunate experience of being in a car accident or other accident caused by a third-party while on your employer’s clock, contact Rispoli & Borneo P.C. today. We can help you obtain whatever benefits you may be entitled to under the law.
Call a workers comp lawyer Northern New Jersey clients recommend today to set up a free case evaluation.