Employers in New Jersey and elsewhere are generally protected from being sued by an employee because of a workplace injury. The workers' compensation system is in place to protect both an injured worker and an employer. The system provides the injured employee with income during missed work as well as compensation for expenses related to the workplace injury. In theory, there should be no need to file a personal injury lawsuit at all.
Theories are all well and good, but the reality is often a different thing altogether. Sometimes, an injury is caused neither by the worker nor by his or her employer. In fact, it is possible that a third party may be liable for a worker's injuries. A third party could be a manufacturer who provided defective machines or tools, a company that manufactured faulty safety equipment (e.g. scaffolding) or even the driver of a vehicle that caused the injury.
Third-party claims are a way for the severely injured to acquire financial recovery outside of workers' compensation. When a workplace injury leads to permanent or even temporary disability, these additional funds could make all the difference in how an injury victim is able to live comfortably and continue recovering from the injury.
Acquiring serious injuries in the course of performing one's job can cause major changes that last a lifetime. While workers' compensation is a very valuable resource for injured workers, these victims often deserve much more. Getting guidance from a New Jersey-based attorney can have a profound effect on the victim's odds of receiving the compensation he or she needs to live a full, worry-free life regardless of the injury.
Source: FindLaw, "Workers' Compensation: Can I Sue My Employer Instead?," accessed June 06, 2016