FREE CONSULTATIONS 856.983.8695

Filing an Injury Lawsuit Beyond a Workers’ Compensation Claim in New Jersey

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

NJ workers injured while at work are eligible to file workers’ compensation claims per NJ worker’s compensation law. Workers’ compensation provides several benefits:

In many work place injuries, workers also have claims against other parties in addition to workers’ compensation claims. Many injured workers think that if they are injured at work, their only recourse is to file workers’ comp claims. Many workers do not know they may have other claims.   If the accidents are caused by negligent parties other than the employer, injured workers may also file personal injury lawsuits against them.

Consider the following situation: An office worker walks to the copier to do a copying job when he trips over a ladder on the floor. As it turns out, the ladder is being used by an electrician hired by the building management to perform some rewiring for new light fixtures. The ladder should have been placed against the wall, but for some reason, the contractor leaves it laying on the floor.

The worker does not see the ladder, trips and falls over the ladder. As a result, he fractures his wrist after his wrist lands on the ladder. He needs to get medical treatment. He cannot work for several weeks because he cannot use his hand.

Because his trip and fall accident happened while he was at work, he files a NJ workers’ compensation claim and receives medical benefits and lost wages.

In this situation, the worker can also file a trip and fall injury lawsuit against the electrician for his negligence.   In order to prevail in a NJ trip and fall accident lawsuit, the injured party has to prove that the liable party was negligent, and the party’s negligent acts caused the injured party’s accident and damages.

It can be argued that the accident was caused by the electrician’s negligence in placing a ladder where people often walk, creating a tripping hazard. Therefore, the office worker may be able to recover pain and suffering from the contractor, a damages claim not recoverable in a NJ workers’ compensation claim.

Pain and suffering varies from person to person. A healthy individual may recover faster from his broken wrist compared to an individual who has arthritis. He may not have as much pain as the individual with arthritis and may need less physical therapy. Therefore, the amount of pain and suffering damages an injured worker may recover will depend on the facts of each case.

FREE Case Evaluations After Getting Injured at Work

Philip T. Ciprietti offers free consultations to injured workers and will explore all of the legal options injured workers may have after work related accidents. 800.281.8695

DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice.  Read full disclaimer at the bottom of this page.

NJ Workers’ Comp Law Articles

Injured at Work? Benefits You May Receive Under NJ’s Workers’ Compensation Act

New Jersey’s Workers’ Compensation Act allows individuals who are injured while at work to receive benefits for their work-related injuries. Regardless of who is at fault, injured workers/employees are eligible to receive benefits. However, injured workers are not...

Injured in a NJ Highway Construction Site Auto Accident? What Are Your Legal Options?

New Jersey’s highways and roadways are often under construction. In the spring time, there are more work crews working on the Garden State Parkway or New Jersey Turnpike. Workers may be injured while working at the highway construction sites. One type of accident that...

NJ Car Accidents – What is a Workers’ Comp Lien in the Context of a Car or Truck Accident?

After a NJ worker receives workers' compensation benefits as a result of being injured in a workplace accident, he has to pay back a portion of the benefits to the workers' comp carrier if he receives any financial compensation from a third party lawsuit. In general,...

NJ Workers’ Compensation Law – Are You Eligible for Benefits if Injured During Horseplay?

New Jersey workers injured while at work can make workers' compensation claims and receive certain benefits, such as medical care and lost wages. The injury must occur while the worker was at work. For example, a roofer who falls from a building while fixing a roof...

NJ Workers’ Compensation Benefits – Permanent Partial Benefits (Part 1)

When NJ workers are injured while at work, they are eligible to receive workers’ compensation benefits. If the accidents are caused by the employers’ negligence, injured workers will receive benefits. Even if the accidents are caused by the workers’ own negligence or...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions