If you’ve been injured while working in New Jersey, you might be wondering if workers' compensation is your only option or if you can pursue additional legal remedies. This is a common question for injured workers. While New Jersey workers' compensation laws are designed to provide a safety net, they also come with specific rules about what claims you can and can’t make after accepting workers' compensation benefits.
In this article, JFM Law explains what happens when you accept workers' compensation in New Jersey and if you’re allowed to pursue other legal remedies. We’ll also talk about how a workers' compensation lawyer can help you if you’ve been hurt at work.
What Is Workers' Compensation?
Workers' compensation is a system where employees who are injured on the job can receive benefits to cover medical expenses and a portion of their lost wages without needing to prove that their employer was at fault. In exchange, employees typically give up the right to sue their employer for additional damages related to the injury. This agreement is designed to streamline the process, so you can get medical care and compensation quickly without the delays of a lawsuit.
Under NJ Statutes § 34:15-7, when both employer and employee accept the provisions of the workers' compensation system, the employer must provide compensation for any personal injuries or death that happen on the job. This compensation is paid regardless of the employer's negligence.
Can You Sue Your Employer After Accepting Workers' Compensation?
In most cases, if you accept workers' compensation benefits, you cannot sue your employer for more money. NJ Statutes § 34:15-8 states that by accepting workers' compensation benefits, you surrender the right to pursue other methods of compensation for your injury.
Are There Any Exceptions to the Rule?
Third-Party Liability: If a third party is responsible for your injury, you can file a lawsuit against them. For example, if you were hurt by defective machinery at work, you could sue the manufacturer of that machine. According to NJ Statutes § 34:15-40, receiving workers' compensation does not prevent you from pursuing legal action against a third party, like an equipment manufacturer or a subcontractor. However, if you win compensation from the third party, your employer’s workers' compensation insurance might seek reimbursement from that recovery.
Intentional Wrong by the Employer: If your employer intentionally causes your injury, you can sue them outside of workers' compensation. Under NJ Statutes § 34:15-8, you must prove that your employer acted with the deliberate intention of causing harm. This is rare but possible, especially in cases of extreme misconduct.
Horseplay or Skylarking by Fellow Employees: According to NJ Statutes § 34:15-7.1, if you were injured while doing your job because of horseplay or skylarking by another employee, and you did not participate in the horseplay, you are still eligible for workers' compensation and could sue the employee individually in certain circumstances.
What About Suing for Defective Products or Dangerous Equipment?
If a defective product caused your injury, you may have a case against the product's manufacturer. This is called a "third-party claim." For instance, if a piece of equipment at your job malfunctioned and caused your injury, you can pursue a lawsuit against the company that made or sold the equipment.
What if You Were Injured While Traveling for Work?
In New Jersey, if you were traveling for work, workers' compensation still covers you. Travel that is necessary for your job counts as being "in the course of employment." For example, if you’re driving from one job site to another, you’re still considered to be working, and any injuries during this time would be covered by workers' compensation. NJ Statutes § 34:15-36 explains that your employment doesn’t just begin and end at the workplace but includes other work-related activities like travel between sites if the travel is required by your employer.
Additionally, injuries sustained while ridesharing to work may be covered if your employer required or facilitated the ridesharing, according to NJ Statutes § 34:15-36.
What If the Injury Involves an Independent Contractor?
New Jersey law also has special rules when it comes to independent contractors. If you were hired as an independent contractor and not as an employee, workers' compensation may not apply to you in the same way it does for regular employees. However, if you were misclassified as an independent contractor when you should have been classified as an employee, you may still be eligible for workers' compensation benefits. Misclassification of employees is illegal, and NJ Statutes § 34:15-79 explains that employers who intentionally misclassify workers may face serious penalties.
How Can a Workers' Compensation Lawyer Help You?
If you’ve been injured on the job, a workers' compensation lawyer can help guide you through the entire process and make sure you understand your rights. Here’s how a lawyer can assist you:
- Filing Your Claim: A lawyer can help you fill out the necessary paperwork, making sure that you meet all the deadlines and provide all the required information to the Division of Workers' Compensation.
- Getting Your Benefits: Workers' compensation lawyers know how to calculate the full extent of your benefits, including your lost wages and medical costs. If your injury results in a permanent disability, a lawyer can help you get the benefits you deserve under NJ Statutes § 34:15-36.
- Handling Denials and Appeals: If your claim is denied, a lawyer can help you appeal the decision. A lawyer can represent you in hearings and present evidence to support your claim.
- Third-Party Claims: If a third party, such as a manufacturer, contributed to your injury, a lawyer can help you pursue a separate lawsuit against them.
- Protecting You from Retaliation: If you’re worried about being fired or retaliated against for filing a workers' compensation claim, a lawyer can protect your rights. It is illegal for employers to retaliate against employees for claiming workers' compensation benefits.
Frequently Asked Questions
Can I sue my employer after accepting workers' compensation?
No, unless your employer intentionally caused your injury.
Can I file a lawsuit if a third party caused my injury?
Yes, you can sue the third party responsible, like a manufacturer of faulty equipment.
Are work-related travel injuries covered by workers' compensation?
Yes, injuries while traveling for work are covered under New Jersey law.
Can I receive workers' compensation if a coworker’s horseplay caused my injury?
Yes, if you did not participate in the horseplay.
Can I sue for defective equipment if I receive workers' compensation?
Yes, you can pursue a third-party claim against the equipment manufacturer.
Does workers' compensation cover injuries to minors working illegally?
Yes, and minors may receive double benefits if injured while working illegally.
What happens if I was negligent when I got injured?
Your workers' compensation benefits may be reduced or denied for willful negligence.
Can independent contractors get workers' compensation in New Jersey?
Usually not, unless misclassified as independent contractors instead of employees.
What is an intentional wrong by an employer under New Jersey law?
It refers to deliberate actions by an employer to cause harm, allowing lawsuits.
Can I still get workers' compensation if I was injured while intoxicated?
Possibly, but benefits may be denied if intoxication contributed to the injury.
Finding the Right Workers' Compensation Attorney
When you’re injured on the job, workers' compensation is designed to help you recover without the stress of a lawsuit. However, under specific circumstances like third-party liability or intentional wrongs by your employer, you may still have other legal remedies available.
When you’re injured at work, getting the benefits you’re entitled to shouldn’t be a struggle—but sometimes it is. If you’re facing delays or denials of workers' compensation, we’re here to help. Whether you’re just starting your claim or dealing with a rejection, JFM Law will work hard on your behalf, with the aim of getting what you’re owed. From medical treatment to lost wages and more, your recovery is our focus. Call us today at (732) 333-6621 or contact us online for a free consultation.