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Remedies Other Than Workers’ Compensation

Third-Party Claims After a Work-Related Injury

Remedies Other Than Workers CompensationIn New Jersey, when you’re hurt or contract an illness on the job, you have a right to seek workers’ compensation benefits. The benefits available through a workers’ comp claim cover reasonable and necessary medical expenses, and can serve to replace lost income. You may, however, have other losses not covered by workers’ compensation. Can you seek compensation for uncovered expenses in other legal proceedings?

Third-Party Claims for Injuries at Work

The workers’ compensation laws are designed to provide a streamlined claims process when losses ae caused by the carelessness or negligence of an employer or co-worker. If, however, your injuries are also caused in part by the wrongful acts of a third party (unrelated to your employer), you may seek damages in a civil suit filed in court. In fact, you can simultaneously file a workers’ compensation claim and a personal injury lawsuit. You may not, however, recover twice for the same losses. For example, if medical expenses are paid through your workers’ comp claim, you can’t recover for those same medical costs in a personal injury lawsuit.

There are a number of situations where you may have a valid third-party claim:

  • Motor vehicle accidents that occur during the course of employment—You can seek damages in court from at-fault drivers, provided they are not co-workers or your employer.
  • Injuries caused by a defectively designed or manufactured product—You can sue the company or individuals who designed or built the product.
  • Injuries caused by workers on an adjoining jobsite—This applies most often to situations involving construction-site-injury claims.

Contact the Law Offices of David J. Karbasian, PC

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