If you’re injured at work in New Jersey due to someone else’s actions, your legal rights depend on who caused the injury and the circumstances. Here’s a breakdown to clarify your options.
Workers’ Compensation in New Jersey is the primary recourse for most work-related injuries, regardless of fault. This system is designed to cover medical expenses, a portion of lost wages and permanent disability, if applicable. You’re generally entitled to these benefits even if the injury was caused by a coworker’s negligence or a mistake by someone else on the job. The catch? You usually can’t sue your employer or coworkers for additional damages like pain and suffering, as workers’ comp is considered your “exclusive remedy” in most cases. This system’s primary goal is to provide financial and medical support to employees who are injured or become ill as a result of their employment prioritizing quick benefits over lengthy lawsuits.
When Someone Else is Responsible for your injury who is a third party—someone not employed by your company—you may have the right to pursue a personal injury lawsuit against them in addition to claiming workers’ comp. For example:
- Contractors or Subcontractors: If you’re injured on a construction site due to a subcontractor’s negligence (say, they left hazardous equipment lying around), you could sue them.
- Property Owners: If you’re injured at a client’s location or another property due to unsafe conditions (like a slippery floor or faulty railing), the property owner might be liable.
- Manufacturers: If defective equipment or machinery caused your injury, you could sue the manufacturer for product liability.
- Other Drivers: If you’re injured in a vehicle accident while working (e.g., a delivery driver hit by another motorist), the at-fault driver could be sued.
In these cases, a lawsuit could recover damages not covered by workers’ comp, like pain and suffering which could be more money than the employee receives from workers’ compensation’s permanent disability.
Be aware, though, that if you win a third-party lawsuit, in most situations your employer’s workers’ comp insurance carrier will assert a lien, called a Section 40 lien, to recoup a portion of what they’ve paid out, which can reduce your net recovery.
In New Jersey, a Section 40 lien, under N.J.S.A. 34:15-40, allows a workers’ compensation insurance carrier or employer to seek reimbursement for benefits paid to an injured worker if the worker recovers money from a third party responsible for the injury. The idea is to prevent “double recovery,” where the worker gets compensated twice for the same injury—once from workers’ comp and again from a third-party lawsuit, like against a negligent driver or property owner.
Here’s how it works in plain terms: If you’re hurt on the job due to someone else’s fault (not your employer’s or co worker’s), you can file a workers’ comp claim and also sue the third party. If you win or settle the third-party case, the workers’ comp carrier can claim a lien on that recovery to recoup what they paid for your medical bills, temporary disability, and permanent disability benefits. However, the lien isn’t the full amount—they typically get two-thirds of what they paid, minus certain costs (ie: $750 for “expenses of suit”).
A good personal injury attorney will take this lien into consideration when negotiating a settlement in the third-party matter and I believe it would be an advantage to use the same attorney, preferably the Law Offices of Michael S. Williams, to represent you in both your workers’ compensation and third-party matter.
Contact a New Jersey Workers’ Compensation Lawyer at the Law Offices of Michael S. Williams to Obtain Max Compensation for Work Injuries due to the Fault of Someone Else.
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
