Lyndhurst, NJ Workplace Accident Lawyer
The proper route to compensation can be difficult to determine after suffering a workplace injury. Many victims of on-the-job accidents must seek benefits through Workers’ Compensation insurance. However, some injured parties may file workplace accident lawsuits against at-fault parties.
Plaintiffs in workplace accident lawsuits will have the ability to recover certain categories of monetary damages that are unavailable to those filing Workers’ Compensation claims. However, these lawsuits can be difficult to pursue. Defendants and their insurers will often dispute multiple elements of plaintiffs’ cases.
If you were injured because of a workplace accident in Lyndhurst, NJ, get help recovering the compensation available to you. Contact our experienced Lyndhurst workplace accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
When You Can File a Workplace Accident Lawsuit in Lyndhurst, NJ
Your ability to file a workplace accident lawsuit can depend on several circumstances surrounding your injuries. Our Lyndhurst workplace accident lawyers can help victims file lawsuits against at-fault parties in each of the following situations:
After Being Injured by a Defective Product
Negligent manufacturers can be held liable for workplace accidents caused by their dangerous and defective products. There are numerous types of defective products that can cause on-the-job injuries. For instance, a factory worker may suffer a painful and debilitating hand injury because of a malfunctioning press. In that case, the injured worker may recover monetary damages in a workplace accident lawsuit.
However, products liability cases can be extraordinarily complicated. Expert witness testimony is often required to establish that a product was defective. The support of our Lyndhurst workplace accident lawyers can be very helpful when seeking to hold a manufacturer responsible for an injury caused by their defective product.
After On-the-Job Vehicle Accidents
Furthermore, victims may file workplace accident lawsuits after on-the-job vehicle accidents. Other drivers can be held liable for accidents they cause. If you were involved in a vehicle accident while at work, you should contact our Lyndhurst workplace accident lawyers to assess the validity of your potential case.
After Being Injured on Another Person’s Property While Working
Injured workers may also bring premises liability lawsuits against negligent property owners for workplace accidents. Property owners are expected to maintain their premises for the safety of their visitors. When owners fail to properly maintain their properties, serious accidents can occur. For example, a delivery person may suffer a severe slip and fall accident because a business owner did not tend to a broken light in their building’s parking lot. Our Lyndhurst workplace accident lawyers can help victims build their cases after being injured because of property owners’ negligent behavior.
After Being Injured Because of a General Contractor’s Negligent Acts
Lastly, if a subcontractor is hurt because of their general contractor’s negligent actions, the general contractor may be held liable in a workplace accident lawsuit. Under these circumstances, the injured subcontractor is not an employee of the general contractor and is not entitled to Workers’ Compensation benefits. Accordingly, the victim may file an injury lawsuit seeking financial compensation for the harm they suffered. If you were injured because of a general contractor’s careless behavior, you can contact our Lyndhurst workplace accident lawyers for help assessing the strength of your case.
Time Limits to File a Workplace Accident Lawsuit in Lyndhurst, NJ
The time limit to file a workplace accident lawsuit in Lyndhurst is established by the New Jersey statute of limitations. Under N.J.S.A. § 2A:14-2, plaintiffs will usually have two years from the date of their injuries to file workplace accident lawsuits. However, you should contact our Lyndhurst workplace accident lawyers as soon as possible for help building your claim. Relevant evidence can become challenging to collect over time. For instance, witnesses may leave town and crucial surveillance footage may be deleted. By contacting our team early, our attorneys can gather the evidence required to support your claim.
Settling a Workplace Accident Lawsuit vs. Taking a Workplace Accident Lawsuit to Trial in Lyndhurst, NJ
Most plaintiffs in workplace accident lawsuits must face the difficult choice of reaching settlement agreements or taking their cases to trial. A settlement agreement is a sort of contract between parties that orders a defendant to pay an agreed-upon sum to a defendant in exchange for their case being voluntarily thrown out. Plaintiffs who settle early will be able to recover monetary damages more quickly. Furthermore, parties who settle early can save on the many costs that accompany the decision to go to trial.
Plaintiffs who go to trial will have the opportunity to recover additional compensation. Defendants are often represented by insurance companies who wish to settle cases for as cheaply as possible. Accordingly, not all settlement offers are fair. However, those who go to trial may receive nothing for their injuries. Our experienced Lyndhurst workplace accident lawyers can help determine the true value of your case, so you can decide if going to trial is the right decision for you.
What if My Employer Does Not Carry Workers’ Compensation Insurance for My Workplace Injury in Lyndhurst, NJ?
Employers in Lyndhurst must provide their employees with Workers’ Compensation insurance. This insurance serves to compensate injured workers for lost income and medical bills sustained because of workplace accidents. If your employer does not carry Workers’ Compensation insurance, our lawyers can help pursue financial compensation for your on-the-job injuries through a workplace accident lawsuit.
Elements of a Workplace Accident Lawsuit in Lyndhurst, NJ
Workplace accident lawsuits can come in many forms. The process for pursuing compensation can differ depending on a variety of factors surrounding an injury. However, in every case, the following elements must be satisfied:
- The defendant owed you a duty of care
- The defendant did not adhere to that duty of care
- You were injured because of the defendant’s breach of duty
- You incurred damages as a result of your injuries
Our experienced Lyndhurst workplace accident lawyers can help explain whether these elements have been established during a free case review.
In You Suffered a Workplace Accident in Lyndhurst, NJ, Our Lawyers Can Help
If you were injured because of a workplace accident, seek help from our experienced Lyndhurst workplace accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.