The injuries suffered in a workplace accident can be some of the most debilitating a person can sustain. Certain workplaces have specialized equipment or other hazards that make the position uncommonly dangerous, and injuries could be long-term, possibly life-altering. This makes managing a workplace injury claim incredibly difficult for a victim recovering from a workplace accident. While injured workers might receive some relief through Workers’ Compensation, a lawsuit might be necessary to recover further damages.
Not every workplace injury results in a lawsuit, but you could have a valid workplace injury claim if negligence was involved in yours. Workers’ Compensation will usually cover the medical costs stemming from your workplace injury, but you will need to file a workplace injury lawsuit to recover additional damages, like emotional distress. Our Elizabeth workplace injury lawyers can evaluate your case to help you determine the best path to compensation.
If you were injured in a workplace accident, our Elizabeth workplace injury lawyers can help you recover the compensation you deserve. Call The Carrion Law Firm at (718) 841-0083 today for a free case assessment.
Common Causes of Workplace Injuries in Elizabeth, NJ
Workplaces injury claims can come about in many different ways. As there is no shortage of workplaces, there is no shortage of ways to be injured in them. The following is a list of some of the most common ways a workplace injury can happen:
- Trips and falls
- Poor lighting
- Falling from a great height
- Defective products or equipment
- Inadequate training
- On-the-job vehicle accidents
- Worker fatigue
- Providing inadequate materials to workers
This list is not exhaustive as there are many other ways you could suffer a workplace accident. Regardless of how you were injured at your workplace, you should speak with our Elizabeth workplace injury lawyers to see what opportunities for compensation are available to you.
Differences Between a Workplace Injury Lawsuit and a Workers’ Compensation Claim in Elizabeth, NJ
Getting compensation after suffering a workplace injury can be a difficult process to navigate. There are differences in what Workers’ Compensation can do for a victim of a workplace injury and what a lawsuit is intended to accomplish. Workers’ Compensation is only intended to cover certain expenses that might be inadequate to cover your costs, so understanding the distinctions between the two is crucial. Our Elizabeth workplace injury lawyers can help you determine if a lawsuit is appropriate for your workplace injury case.
Workers’ Compensation
Workers’ Compensation is no-fault insurance carried by employers to cover workplace accidents. In New Jersey, Workers’ Compensation is an exclusive remedy for workplace injuries, meaning that an injured worker can receive benefits for medical costs and lost wages but cannot file a lawsuit for additional damages. The exceptions, however, is if your workplace injuries were caused by an employer’s intentional wrong or by their grossly negligent act.
A workplace accident lawsuit can help you recover additional benefits not covered by Workers’ Compensation. Non-economic damages, like pain and emotional suffering from the accident, could potentially be awarded if you win your lawsuit. The treatment for your workplace injuries could be long-term and a lawsuit could be your best option to recover the compensation that would be otherwise denied to you through Workers’ Compensation.
Workplace Injury Lawsuit
If the negligent acts of another person resulted in your workplace injuries, a workplace injury lawsuit can be filed to potentially recover additional damages that Workers’ Compensation claims will not. The main difference between Workers’ Compensation and a workplace injury lawsuit is that negligence needs to be proven in a workplace injury lawsuit, while there is no question of fault in a Workers’ Compensation claim. There are four elements to prove negligence in a workplace accident case:
- Defendant owed a duty of care to the victim
- Defendant breached that duty through negligence
- Your injuries were caused by the defendant’s breach of duty
- You suffered actual damages as a result of your workplace injury
Proving that your workplace injuries were caused by the negligent act of a person that owed you a duty of care is often the most challenging aspect of a workplace accident lawsuit. Our Elizabeth workplace injury lawyers can help you collect the evidence you need to prove your workplace injury lawsuit.
What to Do If Your Elizabeth, NJ Employer Does Not Carry Workers’ Compensation Insurance
Elizabeth employers are required to carry Workers’ Compensation insurance for their employees in the event they are injured. When employers violate their responsibility to provide Workers’ Compensation insurance, you could be left dealing with the costs of your workplace injury without any compensation coming to you. Our Elizabeth workplace injury lawyers can help you hold your employer accountable through a workplace injury lawsuit.
Deadline to File Your Workplace Injury Lawsuit in Elizabeth, NJ
The statute of limitation is the legal term for the time limit to file your workplace accident lawsuit in Elizabeth. According to N.J.S.A.§2A:14-2, you will have two years from the day the accident occurred to file your workplace accident lawsuit. The court will dismiss any workplace accident lawsuit filed after the two-year deadline passes and you will lose out on some of the compensation you might have been depending on for your recovery.
You should not hesitate to contact one of our Elizabeth workplace injury lawyers if you have been injured in a workplace accident. Workplaces usually have surveillance footage that could be erased before you have had a chance to request it. As time goes on, evidence becomes even more difficult to collect and you might forget certain details before you can tell your story in court. By getting your workplace injury claim started early, our Elizabeth workplace injury lawyers can help you obtain the evidence you need to build the strongest case possible.
Our Elizabeth, NJ Workplace Injury Lawyers Can Help
If you suffered a workplace injury, our Elizabeth workplace injury lawyers can help you determine the best options available for compensation. Call The Carrion Law Firm today at (718) 841-0083 for a free case review.