In most employment situations, your employer becomes first responsible for your work accident. New Jersey embraces a no-fault workers’ compensation approach to on-the-job injuries. This means your company or its insurance carrier pays for authorized medical treatment and a portion of lost wages in the form of temporary disability benefits.
- Meanwhile, you could also receive an award for partial or total permanent disability benefits. You should make sure you receive everything you are due by consulting with an experienced workers’ compensation attorney.
For some, the idea that you don’t have to prove fault may seem a bit of a trade-off. It’s quite challenging to bring a civil lawsuit against an employer or co-employee. However, NJSA 34:15-1 gives workers the right to sue outside workers’ compensation if there is proof of actual or imputed negligence.
- All things considered, your injuries could be attributable to a third party’s negligence. This means someone other than your employer caused the accident. And, according to the New Jersey Supreme Court, your bosses cannot ask you to waive any such legal action.
Third-Party Claims for Slip and Fall Accidents
For a moment, you might not exactly understand how it’s possible to pursue a third-party claim if you’re hurt while at work. Here are just four examples of slip and fall accidents that could suggest the pursuit of a negligence claim:
|
Type of Employee |
How the Accident Happened |
Potential Third-Party Defendant |
| Office Worker | Outside computer repair person left tangled wiring that caused you to trip. | Computer Repair Company |
| Tradesperson | Slipped and fell because another contractor created a dangerous condition. | Other Contractor or Tradesperson not part of your company |
| Warehouse Worker | Your employer hires an outside company to remove snow and ice. They did a poor job, and you slipped and fell. | Outside Plowing Contractor |
| Salesperson | While you are visiting a client off-site, you trip over frayed carpeting in the building lobby. | Commercial Landlord, Tenant, or Maintenance Company |
You may recognize a common theme between negligence cases that involve on-the-job injuries. Injured workers do not need to prove that their employer did something wrong in order to claim benefits. However, standard proofs required for premises liability actions apply when it comes to determining who bears responsibility for the hazardous condition that caused you harm.
More than likely, you’re wondering if the pursuit of a third-party claim means you collect double money. As much as that might seem due to you, the answer is no.
When you make a third-party claim, the insurance company asserts subrogation rights. The workers’ compensation carrier expects reimbursement for monies paid out on your behalf. Most often, the lien amounts to two-thirds of your medical bills and disability payments.
- If someone else caused your accident, the insurance carrier may even have an attorney contact you and offer representation. However, this stresses your need for your own experienced personal injury lawyer to assure you select your own advocate.
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