Filing a Third-Party Lawsuit in Addition to a Work Accident Claim

Filing a Third-Party Lawsuit in Addition to a Work Accident Claim

Category: Workers Comp

More Info: Employment Litigation

Workplace accidents are a common occurrence. According to the National Safety Council (NSC), in 2019, more than 4,500 people died from workplace accidents and another 4.6 million employees suffered an on-the-job injury. In New Jersey alone, more than 69,000 workers were hurt on the job.

After a New Jersey workplace accident, injured employees will be able to pursue a claim for workers’ compensation to help them cover the costs related to the accident. Most people are familiar with a workers’ compensation claim.

Workers’ compensation claims can provide payment of medical bills, income replacement benefits while you are out of work, and payment for partial or permanent disability. However, while workers’ compensation claims offer the above benefits, they do not allow injured workers to recover for pain and suffering, and in some instances, loss of earnings above the amount allowed by workers’ compensation or future loss of earnings.

In some situations, an injured worker can also file a personal injury claim resulting from a workplace accident. These are referred to as third-party accident claims.

What Does a Third-Party Lawsuit Mean?

When a worker is hurt in New Jersey due to an on-the-job accident or has an injury or condition due to the WEAR and TEAR of the job, that person has a workers’ compensation claim regardless of fault. What that means is that whether the accident is the fault of the employee, a co-worker, or the employer, the injured worker can make a claim for workers’ compensation benefits which is typically the sole remedy against his or her employer.

However, in many New Jersey workplace accidents, another person, business, or organization may have caused the worker’s injuries. In these situations, the injured worker can file a third-party personal injury claim against the at-fault party.

A third-party work accident claim is just like any other personal injury claim. 

To successfully bring a claim, an injured worker must show that another party’s negligence or fault caused their injuries. That other party cannot be the employer or co-employee. The following are examples of situations in which a third-party work accident claim may be appropriate:

Motor vehicle accidents;
Slip-and-fall accidents;
Injuries caused by dangerous or defective products; and
Construction site injuries.

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