Workers’ compensation (as the term suggests) allows workers to get access to compensation when they are injured on the job. The concept sounds simple enough. You are injured while working and your employer pays for your medical expenses and a portion of your wages. Although the concept itself is simple, obtaining compensation is not. Many times you will need an NJ workplace injury lawyer to fight for you to obtain the compensation you are entitled to.
The workers’ compensation system in New Jersey has a caveat attached to it, where if you collect workers’ compensation you cannot also sue your employer This may leave you wondering how to sue your job for injuries. We are here to answer that question for you.
Exceptions to The Rule
Every case is unique and only a qualified NJ workplace injury lawyer can help you determine the best route to take in your specific circumstances. A general rule of thumb to keep in mind is that if an employer went far beyond the scope of negligence and deliberately put employees in harm’s way this can be considered cause to file a lawsuit.
Keep in mind that filing a lawsuit can take additional time and effort than a workers’ compensation claim. But it can pay off in the long run. The end result is however based on the facts and evidence presented. New Jersey has a more lenient definition for when and how to sue job for injuries. As opposed to surrounding states.
New Jersey Courts have ruled that there has to be evidence of intentional wrongdoing. This means that the employer must have been aware that there were safety hazards and refused to address the issue. Although this sounds simple there are fewer cases than one would think that this applies to. After a workplace injury, contact an NJ workplace injury lawyer to discuss your circumstances.
How to Sue Job For Injuries
If you file a separate lawsuit outside of the workers’ compensation claim, there are a few key things to keep in mind. You must be able to prove with the help of an NJ workplace injury lawyer that your employer’s actions were intentional. And that there was a certainty of injury or death. Filing a lawsuit will open you up to the possibility of non-economic compensation and punitive damages.
In other circumstances, where a third party is involved you may wonder how to sue the job for injuries. In these cases, you will be able to file a lawsuit against a third party. Such as outside contractors or product manufacturers. It must be proven that the third party’s negligence caused the work injury.
There is a small caveat if you are receiving workers’ compensation benefits for the same injury. Your employer’s insurance can place a lien on any compensation obtained from the lawsuit in order to recover the workers’ compensation benefits they paid.
Consult a Workers’ Compensation Attorney About Your New Jersey Workplace Injury
Another instance that leads clients to question how to sue a job for injuries is when their employer does not have any workers’ compensation insurance. You can file a personal injury claim instead against your employer.