Under New Jersey state law, an employee injured in the course and scope of his employment is entitled to certain statutory benefits. Those benefits include (1) free medical care to cure or alleviate the accident related condition, (2) temporary disability to cover lost wages while the employee is rendered unable to work, and (3) permanent partial disability should the condition result in permanent functional impairment. The statutory benefits listed above are paid for by the employer, and/or its workers’ compensation insurance carrier, regardless of who caused the accident.
However, if a third-party (someone other than an employer or coworker) caused the accident and injuries, the facts may give rise to a potential third-party personal injury claim. Essentially, an injured employee would have the right to pursue his statutory benefits under the New Jersey Workers’ Compensation Act, and also a separate and distinct lawsuit in the NJ Superior Court against the third-party with the help of a personal injury lawyer.
A common example of this would be the case where a UPS driver is involved in a motor vehicle accident while delivering packages. The employment attorneys serving in San Francisco area say that if the accident was caused by a third-party driver, the UPS driver could seek medical, temporary and permanency benefits in Workers’ Comp Court, and also sue the driver who caused the accident in the NJ Superior Court under a theory of negligence.
According to Vukelja & dePaula auto accident lawyers. the third-party personal injury claim would allow an injured employee to seek damages in addition to those outlined by the Legislature in the NJ Workers’ Compensation Act. Examples would include categories of damages such as “pain and suffering” and “loss of consortium.”
It is important to explore all avenues of recovery when you suffer a life altering work-related injury with the help of a qualified workers comp attorney or personal injury attorney. Find a firm that has successfully dealt with this situation countless times and the attorneys are uniquely positioned to facilitate seamless representation in both workers’ compensation and personal injury matters.
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