Many people are under the impression that work injury cases are a separate type of claim because you typically start with a Workers’ Compensation case. However, the fact is that many work injury cases can actually be filed as personal injury cases, too, despite Workers’ Compensation being the so-called “exclusive remedy” for work injuries.
Workers’ Compensation is only the “exclusive remedy” when it comes to work-related injuries you are claiming against your employer. If you were hurt at work, but the injury was outside the scope of your work, it may be a personal injury case instead. Even when Workers’ Compensation does apply, cases can be filed in court as traditional personal injury cases if you file them against outside third parties instead of your employer.
For help with your case, call Agrapidis & Maroules, P.C.’s New Jersey work injury lawyers at (201) 777-1111 today.
When is Workers’ Comp the Only Option?
In some cases, you can only file a Workers’ Compensation claim for your injury. This means that no lawsuits would be available, and you cannot file a traditional personal injury claim to get full compensation.
This typically comes up in only four areas:
You Caused Your Own Injury
If you were the person responsible for your injury, you can still file a Workers’ Compensation claim, but you have no grounds for a lawsuit. If another party shared responsibility, you may still be able to sue if your fault was 50/50 at the maximum; more than that, and you have no grounds for a personal injury lawsuit.
Your Employer Caused Your Accident
Usually, you cannot sue your employer for work-related injuries. This means that if they were responsible for your injuries, Workers’ Compensation would be your only option for compensation.
There are some exceptions, such as when the employer commits “intentional wrongs,” where you would be able to sue them anyway.
A Coworker Caused Your Accident
The ban on lawsuits against an employer for work-related accidents also applies to coworkers. Your employer is essentially responsible for what your coworkers do accidentally during the scope of their work, so if they injured you, you cannot sue.
“Freak Accidents”
Sometimes accidents just happen with no one to blame. Workers’ Compensation still covers this, but you would never be able to file a lawsuit for a true “freak accident” because no one is at fault.
Someone needs to have done something wrong for you to be able to sue them, so if everyone did everything right, but you got injured anyway, there is no lawsuit available.
When Personal Injury Lawsuits Are Available
Outside of those core categories above, a personal injury lawsuit is essentially available any time the requirements to sue are met:
Elements of Negligence Are Met
As mentioned above, you cannot sue for true accidents; you need someone to hold responsible. A party is responsible under the law if they meet the four elements of “negligence”:
- They owed you a legal duty
- They breached that duty
- The breach caused your injuries
- You suffered injuries and other damages.
If you meet these requirements, then you have a personal injury case – you just need to file it against an eligible defendant.
Third Party Liability
You can sue outside third parties for work injuries, since the ban on lawsuits only applies to lawsuits against your employer and perhaps coworkers. This means our New Jersey work injury lawyers can file lawsuits against any of these kinds of parties if they caused your accident:
- An outside contractor
- An equipment or product manufacturer
- A supplier or vendor
- A customer
- A passerby or driver.
Partial Fault with Employer or Self
Because you can sue an outside third party, you can do so even if you, your employer, or another ineligible defendant is partially at fault for your accident. However, you cannot recover damages in the lawsuit for the portion of fault assigned to that ineligible defendant.
Essentially, the court assigns partial blame to each party, and they pay that percent of the total damages. This means the third party still pays their share of the damages, but you cannot recover the shares assigned to people you cannot sue.
“Intentional Wrongs”
New Jersey law allows lawsuits against an employer for “intentional wrongs.” Even though you wouldn’t normally be allowed to sue them for work-related accidents, this level of wrongdoing from your employer allows a personal injury lawsuit anyway.
This usually requires intentional actions meant to hurt you or deliberate acts that put you at a serious risk of injury, such as removing safety features from a piece of machinery.
Independent Contractors
Independent contractors are not “employees” and have no “employer” that they are blocked from suing. This means you can sue your boss if you are an independent contractor.
However, you still have to prove they were at fault, and you have to prove that you actually are an independent contractor. Some employers misclassify workers, creating problems with Workers’ Compensation coverage.
FAQs for Personal Injury Cases for Work Injuries in New Jersey
Can You Use the Same Lawyer?
Our attorneys handle both Workers’ Compensation claims and personal injury lawsuits, so we can handle the full case for you. Some lawyers do not.
Can You File Both a Workers’ Compensation Claim and a Personal Injury Lawsuit?
If your injury is work-related, then you can likely file a Workers’ Compensation claim for it. This means that claim can go first.
Then, if there are grounds for a lawsuit, you can also file that. Both claims are allowed to go forward for the same injury.
How Are Damages Different in Workers’ Comp Claims vs. Personal Injury Lawsuits?
In a Workers’ Compensation claim, you are usually entitled to medical care coverage and lost wages paid at a reduced rate. If you also file a personal injury lawsuit, you can potentially recover
- The rest of your lost wages
- Pain and suffering damages, along with other non-economic damages
- Other economic damages (property damage, childcare costs, etc.) related to the injury.
For damages you recover twice, like medical care costs, your employer is allowed to “subrogate” your claim and demand payment out of the winnings to pay them back only for the amounts they already spent. This stops you from getting paid twice.
Why Are There Two Different Types of Claims in the First Place?
The standard, traditional claim for any injury is a personal injury lawsuit, typically based on negligence. However, proving that your employer did something wrong to injure you is often difficult.
To deal with that, Workers’ Compensation systems were instituted, so that your employer has to pay for your injuries regardless of fault. The trade-off is that you cannot sue them. However, you still retain the right to sue outside third parties, holding the truly at-fault party responsible, even if your employer initially compensated you through Workers’ Compensation.
Call Our New Jersey Work Injury Lawyers Today
If you were hurt at work, explore your options in a free case review with the New Jersey work injury lawyers at Agrapidis & Maroules, P.C. by calling (201) 777-1111.