Can I Sue My Employer if I’m Injured at Work?
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Most people spend over a third of their life at work, and are more likely to be injured at work than almost anywhere else. It’s natural to ask yourself whether a personal injury case might be possible.
For the most part the answer is “no,” because the workers compensation system exists. This system represents a “historic bargain” between workers and employers.
The bargain goes thusly: employers agree to pay into an insurance system so that an injured worker’s medical expenses and lost wages get covered. Workers agree to hold employers harmless if they get injured at work. This is a no-fault system.
What is the primary difference between a workers compensation settlement and a personal injury settlement?
In a workers compensation suit you will not be compensated for pain and suffering. You also won’t be compensated for future earnings or the loss of earning capacity, for household expenses related to your injury, or for other pecuniary damages that aren’t directly related to the exact medical care you’ve received in the past.
Theoretically workers compensation will be responsible for any medical care you may need, but they will often try to look for the cheapest alternative, or deny coverage that you require.
What if I was injured by a third party?
This scenario is extremely prevalent in construction accident cases, and car accident cases where you’re driving on the job but were injured by an at-fault driver.
Often the answer is that you may receive workers compensation benefits and sue the at-fault third party, though you may not “double dip.” If you sue for lost wages, for example, and workers compensation has been paying you a weekly disability benefit, then they actually get to recover that money from your settlement instead of you.
In general you still come out ahead by doing this, as workers compensation doesn’t always cover your entire salary, and, as discussed, doesn’t compensate you for quite a few other losses.
It is your attorney’s responsibility to make sure that all relevant parties are identified in a personal injury lawsuit.
Why might you need a workers compensation attorney?
Unfortunately, a workers compensation insurance company is like any other insurance company. They deny, delay, and look for any reason to lower costs, even at the expense of the humans they’re supposed to be protecting.
A workers compensation attorney can help you use the court system to try to force the New Jersey workers compensation system and your employer to “play fair.”
Calling us is risk-free. If you’ve been injured on the job and have been unfairly denied benefits or think that a third party may have played a role in your injuries, contact us for a free case evaluation.
See also:
What Uber and Lyft Drivers Need to Know About Auto Accident Claims
Can I Work if I Have an Active Personal Injury Case?
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Most people spend over a third of their life at work, and are more likely to be injured at work than almost anywhere else. It’s natural to ask yourself whether a personal injury case might be possible.
For the most part the answer is “no,” because the workers compensation system exists. This system represents a “historic bargain” between workers and employers.
The bargain goes thusly: employers agree to pay into an insurance system so that an injured worker’s medical expenses and lost wages get covered. Workers agree to hold employers harmless if they get injured at work. This is a no-fault system.
What is the primary difference between a workers compensation settlement and a personal injury settlement?
In a workers compensation suit you will not be compensated for pain and suffering. You also won’t be compensated for future earnings or the loss of earning capacity, for household expenses related to your injury, or for other pecuniary damages that aren’t directly related to the exact medical care you’ve received in the past.
Theoretically workers compensation will be responsible for any medical care you may need, but they will often try to look for the cheapest alternative, or deny coverage that you require.
What if I was injured by a third party?
This scenario is extremely prevalent in construction accident cases, and car accident cases where you’re driving on the job but were injured by an at-fault driver.
Often the answer is that you may receive workers compensation benefits and sue the at-fault third party, though you may not “double dip.” If you sue for lost wages, for example, and workers compensation has been paying you a weekly disability benefit, then they actually get to recover that money from your settlement instead of you.
In general you still come out ahead by doing this, as workers compensation doesn’t always cover your entire salary, and, as discussed, doesn’t compensate you for quite a few other losses.
It is your attorney’s responsibility to make sure that all relevant parties are identified in a personal injury lawsuit.
Why might you need a workers compensation attorney?
Unfortunately, a workers compensation insurance company is like any other insurance company. They deny, delay, and look for any reason to lower costs, even at the expense of the humans they’re supposed to be protecting.
A workers compensation attorney can help you use the court system to try to force the New Jersey workers compensation system and your employer to “play fair.”
Calling us is risk-free. If you’ve been injured on the job and have been unfairly denied benefits or think that a third party may have played a role in your injuries, contact us for a free case evaluation.
See also:
What Uber and Lyft Drivers Need to Know About Auto Accident Claims
Can I Work if I Have an Active Personal Injury Case?