In many instances, when you are injured on the job, your first and only avenue for recovery of any losses is through a workers’ compensation claim. There are exceptions, though—what are known as "third party injury claims." Here’s how such a claim can be filed.
Under the workers’ compensation laws, a workers’ compensation claim is the exclusive remedy for any injuries caused by the carelessness/negligence of an employer or a co-worker. The workers’ compensation laws are not, however, intended to compensate you for injuries caused by the wrongdoing of someone other than your employer or a co-employer. Some common situations where workers are hurt by so-called "third parties" include:
- Injuries suffered because of the negligent design, manufacture or marketing of a tool, machine or piece of equipment—essentially a product defect
- Injuries caused in a motor vehicle accident during the course of employment, but involving the negligence or carelessness of a third party
- Injuries caused by customers, vendors, suppliers or parties on adjacent property
- Slips and falls on property not owned by your employer while in the course of your employment
With any injuries not caused by your employer or a co-employee, you can seek unlimited damages in a lawsuit in court. However, you will be subject to the timetables set by the courts. You may file both a workers’ compensation claim and a personal injury lawsuit simultaneously, but you cannot recover compensation in both proceedings for the same losses. For example, if your workers’ compensation benefits pay for all your medical expenses, you cannot seek reimbursement of medical expenses in a personal injury lawsuit.
Contact the Law Offices of Mallon & Tranger
To learn how we can help you if you have been the victim of a workplace accident, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.