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.
A common example of this would be the case where a UPS driver is involved in a motor vehicle accident while delivering packages. 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.
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. Our firm has successfully dealt with this situation countless times and our attorneys are uniquely positioned to facilitate seamless representation in both workers’ compensation and personal injury matters.
Let us help determine whether you have a case. Callus at 609-407-1000 to schedule a free consultation where you can sit down with one of our experienced attorneys.
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Want to learn more about our legal services? Consult with one of our workers' compensation or personal injury attorneys by contacting our lawyers or call (609) 407-1000 today. Our Attorneys proudly serve all of Southern New Jersey including the nearby areas of Northfield, Pleasantville, Galloway, Linwood, Atlantic City, as well as, Atlantic, Cape May, Camden, Cumberland and Ocean Counties and the greater Southern New Jersey region. We look forward to working with you!
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