When you have been hurt during the course of your employment, you can be uncertain about how to pursue full and fair compensation for all your losses. Can you only seek recovery through a workers’ compensation claim? Do you have to rely on the opinion of a company-selected doctor to get the treatment you need?
At the Law Offices of Mallon & Tranger, we know the stress and anxiety you can feel after a workplace injury. We offer aggressive, yet compassionate counsel to people who have been hurt on the job, handling all legal issues, from the preparation of any required documents to representation in hearings or proceedings. To set up a meeting, contact us by e-mail or call our office at (732) 410-6094.
Your Rights When You Have Been Hurt at Work
In New Jersey, when you have been injured on the job, your rights to recovery depend on who was responsible for the accident. Under New Jersey law, all damages for injuries caused by your employer or a co-employee must come from a workers’ compensation claim. The workers’ compensation laws identify specific types of injuries and allow a fixed amount of recovery, based on the type of injury. You must notify your employer of your accident and will have to submit to a medical evaluation by a company-selected doctor. You can, however, also get treatment and an opinion from a doctor of your choice.
There are circumstances where, even though you have been hurt on the job, you can seek damages in a personal injury lawsuit in a court of law. These types of claims are known as third party claims, because the injury you suffer has been caused by the negligence of a third party, and not by you or your employer. Some examples of third party claims include:
- Injuries caused when you are hurt in a traffic accident during the course and scope of your employment
- Injuries sustained through exposure to a dangerous or defective product manufactured by a third party, such as a tool, machine or piece of equipment
- Injuries resulting from the carelessness or negligence of a third-party contractor or sub-contractor on a job
In a third party claim, you don’t face the limits established by the workers’ compensation laws. Instead, you must demonstrate the financial consequences of your injury, in terms of loss of income, cost of medical care, and physical pain and suffering.
Contact the Law Office of Mallon & Tranger
At the law office of Mallon & Tranger, we provide a free initial consultation for people who have suffered injury in the workplace. To arrange a private meeting, contact us online or call us at (732) 410-6094 for an appointment. We have offices in Freehold, Toms River and Point Pleasant.