New Jersey workers comp lawyers can help victims who have suffered accidents on the job pursue their case. Anyone who is injured as a result of someone else’s actions will naturally desire to be compensated from the person who caused the injury. If this injury happens while you are working, you still have the right to compensation, but things are a little more complicated. Under normal circumstances, you would file a personal injury lawsuit against whoever caused your injury, but is this still an option for workplace injuries? While in most cases, you will be required to file for workers comp, specific situations may allow for you to file a lawsuit for your damages. Rispoli & Borneo, P.C. are New Jersey workers comp lawyers who can assist you by reviewing and representing you in your case.
If you are injured while doing work-related activities, then the correct course of action is to file a workers’ comp claim. Workers’ comp is a system in the US that compensates any employee who is injured while working. New Jersey workers comp lawyers find that many accident victims are surprised to learn that if your injury qualifies for workers’ comp, then you are not able to file a personal injury lawsuit. It is expected that you will go through the workers’ comp system to be compensated instead. Generally, you will be unable to go through your insurance policy as well. Most insurance companies do not want to pay out for a workplace injury when workers comp benefits are available. Luckily, workers’ comp is a full-coverage system that should compensate you for expenses that were related to your injury.
New Jersey workers comp lawyers share that it’s important that you are aware of the exceptions to this rule. If your injury falls into any of these situations, you may be able to file a personal injury lawsuit, rather than making a workers’ comp claim:
- A third party caused the injury – If someone other than you, a coworker, or your employer causes the injury, then your New Jersey workers comp lawyer may be able to help you file a personal injury lawsuit against the person who caused the injury. This type of injury does not qualify for workers’ comp, which is why a lawsuit may be the appropriate action.
- The injury was caused maliciously – If someone intentionally harmed you, then criminal charges need to be filed. You may or may not be able to file a civil lawsuit in addition to the criminal one, depending on the laws in your home state. You should speak with our workers comp lawyer in New Jersey to learn more.
- The injury does not qualify for workers’ comp – If the injury does not qualify for workers’ comp for any reason, such as it not being due to work-related activities, then filing a personal injury lawsuit is the only course of action you have. This may also apply if your employer fails to file a workers’ comp claim due to negligence or malicious intent.
To learn if your case allows you to file a personal injury lawsuit or for help with your workers comp claim, you should speak with a New Jersey workers comp lawyer at Rispoli & Borneo, P.C. immediately.