Attorneys Who Help You Recover Compensation After An On-The-Job Injury
One of the more common questions we get at our law firm, The Law Office of Mallon & Tranger, concerns the difference between workers’ compensation matters and personal injury claims. Some workers come to us wanting to know why a personal injury claim is not an option, so we wanted to take a few moments to explain some of the basics between the two types of cases.
Most Injuries Fall Under The Workers’ Compensation System
The primary method of handling workplace injury matters in New Jersey is the workers’ compensation system. The state established this process in order to make it easier for workers to get the benefits they need by removing fault from the equation. You do not need to show that your employer caused the accident at your workplace – you only need to show that you were injured while working. Employers may contest your allegations, but you do not have to show that they were the reason behind the accident.
This helps things move forward in a more timely fashion. Workers, in theory, are able to get the benefits while out of work, when they are needed most. Insurance companies and employers can contest claims, but in most cases, all of this will still be covered by the rules that apply to the workers’ compensation process.
When Might A Workplace Injury Lead To A Personal Injury Claim?
This is an extremely complex situation and often requires a lot of investigation to determine if a workplace injury falls outside of the workers’ compensation scope. Workers injured on the job may have a personal injury claim if the accident or injury was caused by a third party – that is, someone not employed by the employer.
Here’s a quick way to understand that: At a construction site, there are often contractors, subcontractors and other people performing certain tasks. A contractor may have several employees working on a matter while an independent entity is working on other items. If that other entity causes an accident that results in injuries, the injured worker may have a personal injury claim against the third party.
Why is this distinction important? We mentioned above that benefits can be limited in workers’ compensation matters. In a personal injury claim, this is not the case. There is potentially more compensation available to the injured worker, which can be extremely important in matters resulting in serious injuries. You need to make sure you understand what is available to you before making any decisions about your case.
Explaining Your Options In Your Workplace Injury Case
To meet with one of our lawyers to discuss your workplace injury case, call us today at 732-702-0333 or send us an email to find a time that works for you. We assist clients throughout Monmouth and Ocean counties as well as across New Jersey in personal injury and workers’ compensation matters. We have offices conveniently located in Freehold and Point Pleasant.