How Do I Know if I Have a Third-Party Injury Claim?

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If you suffer a workplace injury, New Jersey Workers Compensation insurance typically covers your medical and other costs, regardless of liability. But the same program that protects you from facing potentially extensive out-of-pocket costs also prevents you from taking further legal action against your employer in most instances. But this limitation does not extend to workplace accidents caused by the negligence of parties not directly connected with your employer.

In many cases, you can recognize a third-party injury claim because it involves negligence on the part of someone other than your employer, as in the following examples:

  • When using new office or manufacturing equipment for your work, it malfunctions and directly causes your injury
  • You suffer a head injury when a construction worker contracted by your employer fails to mark off a safety area near the work site and drops a board on your head
  • You sustain chemical burns when using a product that does not warn you to protect yourself with gloves

As explained by the State of New Jersey Department of Labor and Workforce Development, if you suffer an injury on the job, you may need to seek immediate medical treatment. But reporting the accidental injury to your employer initiates a workers compensation claim. Filing such a claim does not preclude your ability to file a third-party personal injury claim, if one exists. An experienced personal injury and workers compensation attorney can assess your case in a free initial consultation to help ensure you take all legal action needed to recover damages.

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