Workplace accidents can be difficult to sue for. There are restrictions that prohibit lawsuits against an employer in many circumstances, so you might have to work with a lawyer to find alternative parties to hold liable. In some cases, you could still be able to file a lawsuit against your employer for certain actions outside the scope of Workers’ Compensation.
For help determining how to proceed with your case and how to file your lawsuit, you should have one of our Newark workplace accident lawyers look over your case. Working with a lawyer can help you understand how much your case is truly worth and what steps you need to take to get compensation. Our attorneys can represent you and fight for the compensation you need.
For a free case evaluation, call our Newark, NJ workplace accident lawyers today. Contact The Carrion Law Firm by calling (718) 841-0083.
When Can You Sue for Workplace Accidents in Newark, NJ?
As mentioned, Workers’ Compensation rules in New Jersey often prevent lawsuits against an employer for workplace accidents. However, there are some exceptions that can help victims get compensation through a lawsuit.
The laws preventing lawsuits against employers assume that you will use a Workers’ Compensation insurance claim to get compensation after a workplace injury. If you use that system, you do not need to prove fault to get compensation, but your damages are limited.
If you use one of the following exceptions, you could be entitled to file a lawsuit instead. This could open access to pain and suffering and other damages that are considered “non-economic damages.” Talk to our Newark workplace accident lawyers about whether any of the following exceptions could help you file a lawsuit and increase your financial compensation.
Third-Party Lawsuits
Workers’ Compensation only prevents lawsuits against your employer. This means that you can still file a lawsuit against nearly anyone else who caused your accident. We say nearly anyone else because some parties are still not allowed to be sued in some situations, such as co-workers and clients of contractors (more on that below).
Often, lawsuits against third-party defendants for workplace accidents are filed against equipment manufacturers who produced dangerous or defective safety gear, tools, appliances, or machinery used at your workplace. You can also sue drivers who cause crashes, customers who make your workplace unsafe, vendors that create hazards at your place of work, and other negligent third parties.
Independent Contractors
As mentioned above, many independent contractors cannot sue the party that hired them under Workers’ Compensation laws. This is because NJ law assumes that all workers – contractors or employees – count as “employees” for purposes of Workers’ Compensation coverage and lawsuit restrictions. So, if you are an independent contractor, you might still be covered by Workers’ Compensation.
However, properly classified independent contractors should still be entitled to sue for injuries at work, if they can show they are indeed classified properly. NJ uses a test called the “ABC Test,” with 3 conditions that must all be met to justify leaving a worker off of Workers’ Compensation coverage:
- The worker has no direction or control from the company
- The work is not the same type of work the company usually performs
- The worker’s profession is usually an independent profession or trade
If you work under a contract or receive a 1099, talk to our Newark workplace accident lawyers about whether or not you are permitted to sue the company you work for after a workplace accident.
“Intentional Wrongs”
Under N.J.S.A. § 34:15-8, there is a carve-out that allows lawsuits to still be filed for an “intentional wrong” in the workplace. Cases such as Van Dunk v. Reckson Associates (2010) have sought to help define the rules surrounding when something is considered an “intentional wrong.” Ultimately, this is a question for the jury in many cases, potentially allowing you to sue even in edge cases.
What is clear is that intentional violence and assault certainly fall under this category. This means that you can sue your employer if they attacked you in the workplace. Other issues of gross negligence or reckless behavior could also qualify as “intentional wrongs.” Speak with our Newark workplace accident lawyers if you suspect your injuries were more intentional than accidental.
Damages for Injuries in the Workplace in Newark, NJ
If you are hurt at work, your primary questions may revolve around what to do next and what your case is worth. When it comes to damages for your workplace injury, Workers’ Compensation may block certain damages, leaving a lawsuit as the best way to get your case compensated in full in many cases.
Injuries typically result in both economic and non-economic damages. Workers’ Compensation seeks to cover medical expenses and lost wages, but it will not cover other areas of economic damages and blocks recovery of non-economic damages entirely.
Medical expenses and lost wages will be only a part of the economic damages you can claim in a lawsuit. For instance, if your injuries kept you from taking care of day-to-day tasks at home, you could be entitled to compensation for help with housecleaning costs, childcare costs, and other costs related to replacement services. Workers’ Compensation might also limit these damages, such as by paying only a portion of your lost wages. You can instead claim full economic damages in a court case.
In a lawsuit you can also claim compensation for non-economic damages. Pain and suffering is the most common of these, though those damages are often grouped together with other similar damages like mental anguish, emotional distress, and more. For help determining how much your case is worth and what damages you can claim, have our Newark workplace accident lawyers review your case.
Call Our Newark Workplace Accident Attorneys
If you need help with a workplace accident case in Newark, call the Newark workplace accident lawyers at The Carrion Law Firm. Call us today at (718) 841-0083 for a free case evaluation.