Nearly three million injuries occur to workers on the job each year in America, with cuts, sprains, lacerations, strains, and fractures being among the most common type of on-the-job injuries. While not all injuries occurring on the job are necessarily the “fault” of the employer, the fact is that employees are there at work to serve the financial interests of the employer, and thus the law often places the responsibility for the injuries at the feet of the employer.
What options for recovery from the employer is available, however, is a question that will usually lead to one of two outcomes: workers’ compensation or a personal injury lawsuit. Which option you are eligible to pursue and which option you do actually pursue can have a huge impact in the amount and type of financial recovery you receive. The workplace accident attorneys at Judd Shaw Injury Law in New Jersey are here to help you understand your options, and guide you towards your maximum recovery.
Workers’ Compensation in New Jersey
Most New Jersey employers are required to purchase workers’ compensation insurance on behalf of their employees, and, when that it is the case, this insurance recovery is often the primary option for recovery for the employee.
In a successful New Jersey workers’ compensation claim, your employer will be required to pay for the medical costs of your injury, although you are generally limited to accessing only the medical providers included in your employers’ insurance. You can also receive up to 70% of your weekly income, up to a maximum of $903 a week, if you are temporarily disabled and thus unable to work. This can be extended to permanent partial or total disability at the same rate.
Pursuing a Workplace Accident Personal Injury Claim in New Jersey
Although workers’ compensation allows workers to recover without having to prove fault, the enormous drawbacks to the system is that it does not allow workers to recover the full cost of their lost income nor does it allow them to pursue pain and suffering damages or punitive damages, which are often the largest aspects of an personal injury recovery.
In a personal injury lawsuit, however, an injured victim can pursue financial recovery for all their losses, including medical bills, full loss of income, pain and suffering, and punitive damages where there has been particularly egregious behavior.
This is certainly preferable in theory, but there are limited situations in which a personal injury suit can be brought instead of a workers’ compensation action for a workplace accident, including:
Where the employer’s actions (including acts of supervisors and coworkers for which the employer is vicariously liable) were intentional or grossly reckless
Where the employer was not actually the employer of the injured party
Where the employee was injured by the actions of a third party, such as the manufacturer of a defective tool or a contractor working on the job
Speak to a workplace accident attorney at Judd Shaw Injury Law as soon as possible after a New Jersey workplace accident occurs to protect your rights and learn about your options for maximum financial recovery.
Speak With the NJ Workplace Accident Attorneys at Judd Shaw Injury Law Regarding Your Injuries
The experienced workplace accident attorneys at Judd Shaw Injury Law have won over $90 million in compensation for our clients through settlements and verdicts, and we are here to stand by your side as your allies and champions in winning the recovery you deserve from all potential defendants in your New Jersey workplace accident case. Contact us today to speak to a workplace accident attorney who can listen to your concerns and guide you towards your best options for financial recovery.