What Is the Difference Between a Third-Party Lawsuit and Workers’ Compensation Claim?

When someone is injured in a New Jersey workplace accident, they will not only accrue significant medical expenses, but they will also miss out on income while they are unable to work. In serious cases, a worker’s life is forever changed by an accident because, due to their injuries, they can no longer live their life the way they want to. Employees injured in work-related accidents have two ways to pursue a claim for compensation following an on-the-job accident; a workers’ compensation claim or a personal injury lawsuit. Each type of claim comes with its own rules. It is important employees who have been hurt on the job understand the distinctions between these two claims.

At the Todd J. Leonard Law Firm, we help injured workers get back on their feet after a workplace accident. Our New Jersey accident lawyers have been handling all types of personal injury and workers’ compensation claims for more than 30 years, and we look forward to helping you.

New Jersey Workers’ Compensation Claims

The New Jersey Department of Labor and Workforce Development oversees the state’s workers’ compensation program. The workers’ compensation system is designed to provide injured employees with a quick way to get the money they need to help them get back on their feet after a workplace injury. Workers’ compensation is a no-fault insurance program. This means that an injured worker will not need to prove that their employer was at fault for causing their injuries. Because of this, workers’ compensation claims tend to resolve much more quickly than personal injury cases.

If an injured employee is successful in bringing a New Jersey workers’ compensation claim, they may obtain the following benefits:

• Medical Benefits
• Temporary Total Disability Benefits
• Permanent Partial Disability Benefits
• Permanent Total Disability Benefits

One of the major limitations to a workers’ compensation claim is the unavailability of non-economic damages. This means that an employee cannot recover for any pain or suffering they endured due to the accident. To obtain compensation for non-economic damages, an employee must file a traditional fault-based personal injury lawsuit.

Lawmakers have determined that a workers’ compensation claim is generally an employee’s sole remedy against their employer. In other words, in exchange for the availability of a no-fault, quick process to obtain compensation after a work-related accident, employees give up their right to sue their employer for negligence. Thus, personal injury claims stemming from workplace accidents are typically only allowed against non-employer third parties.

New Jersey Third-Party Personal Injury Claims

The second type of claim available to an injured employee is a third-party personal injury lawsuit. This type of claim is not available in every work-related accident, as these claims are based on a non-employer third party’s negligent conduct. To succeed in a third-party lawsuit, the injured worker must show that another person, business, or organization was responsible for their injuries.

There are four elements in a negligence lawsuit:

• The defendant owed the worker a duty of care;
• The defendant violated that duty, either by some action or some failure to act;
• The defendant’s actions were the cause of the worker’s injuries; and
• The worker suffered some type of legally recognizable injury as a result.

If an employee is successful, they may be eligible for economic and non-economic damages. This includes payment for past and future medical expenses, lost wages, as well as for any pain and suffering caused by the accident.

Ultimately, an injured worker may not have a choice regarding which type of claim to bring, as this decision is governed primarily by the facts surrounding the accident. However, in some cases, an injured employee can bring both a New Jersey personal injury claim, as well as a workers’ compensation claim. Those injured in an on-the-job accident should reach out to a dedicated workplace injury lawyer for immediate assistance.

Contact a New Jersey Workplace Accident Lawyer Today

If you have recently been injured in a New Jersey workplace accident, you may be entitled to monetary compensation through either a workers’ compensation or a personal injury claim. The dedicated New Jersey personal injury attorneys at the Todd J. Leonard Law Firm are here to help you discuss your options. Our attorneys provide sound advice and compassionate, zealous advocacy to accident victims across New Jersey. 
 
Our New Jersey work injury attorneys have over 35 years of experience aggressively representing employees and their families in both third-party lawsuits and worker’s compensation claims. The firm’s founder, Attorney Todd Leonard, has devoted his entire legal career to helping accident victims recover the compensation they need and deserve from the parties responsible for their injuries. To learn more about how we can help you pursue a claim for compensation, give us a call today at (973) 920-7900 to request a free and confidential consultation. There is no risk in calling, because we never charge a fee unless we can help you recover compensation for your injuries. We have offices conveniently located in Denville and Morristown.