Orange, NJ Workplace Accident Lawyer
Workplace accidents can leave you with serious injuries, but getting compensation for them might not be straightforward. Workers’ Compensation rules often prevent injured NJ workers from claiming damages in a lawsuit, but only under certain conditions.
Our Orange, NJ workplace accident lawyers can help you fight your case and work to get you the damages you need after an injury. We can advise you about your rights to sue and help you file your claims in the proper courts to get you the damages you deserve.
For a free review of your case, call our Orange workplace accident attorneys today. Contact The Carrion Law Firm by calling (718) 841-0083.
When to Hire a Lawyer for a Workplace Accident in Orange, NJ
If you were injured at work, you should consider getting a lawyer. Many injuries and accidents at work are covered by Workers’ Compensation, which has a few effects on your right to sue and your right to compensation. Our Orange workplace accident lawyers can help you fight to instead file a lawsuit for compensation in your case.
In any case where you are injured at work, you should consider speaking with a lawyer about your case. If you suffered serious injuries that could leave you with a lot of time off work or permanent disabilities, then you should show your employer that you are taking your case seriously by hiring an attorney.
If your injuries were caused by normal workplace conditions, you might not be able to file a lawsuit. These cases often have to be filed through Workers’ Compensation’s no-fault system. However, there are some exceptions that our attorneys might be able to help you with:
Workers’ Compensation blocks you from suing your employer for injuries. However, it does not block lawsuits against other third parties. This often allows lawsuits to be filed against various parties, such as the following:
- Contractors or vendors
- Manufacturers of defective tools or safety gear
- Customers and clients
Talk to a lawyer immediately if anyone other than your employer caused your workplace injuries. Lawsuits against these third parties often need to be investigated and filed quickly.
This is the most common way you will be able to file a lawsuit for injuries.
There are some narrow exceptions for independent contractors to be able to sue their client for injuries, but certain requirements must be met.
First, it is generally assumed that any worker is an employee, which would make them covered under Workers’ Compensation and unable to sue for work injuries. However, properly classified independent contractors are exempt from this coverage and can freely sue for an injury.
Second, you must meet the requirements to count as an independent contractor. NJ uses a 3-factor “ABC Test” when classifying workers:
- The worker is free from the employer’s control
- The worker’s work is not in the same industry/business as the employer
- The worker’s work is part of a typical trade or independent occupation
If this is all true, then you might be able to sue your employer for injuries since Workers’ Compensation’s restrictions should not apply. Talk to our Orange workplace injury lawyers to see if this option is available to you.
N.J.S.A. § 34:15-8 carves out an exception to Workers’ Compensation rules to allow victims of an employer’s “intentional wrongs” to sue for injuries. This has to be something like assault and battery or some other wrong that was not intended to be covered by Workers’ Compensation insurance.
An NJ case called Van Dunk v. Reckson Associates (2010) helps define what kinds of activities could count as an “intentional wrong,” allowing juries to make a decision based on case law as to whether certain situations qualify or not.
Compensation for Injuries at Work in Orange, NJ
The compensation that you can claim in a lawsuit for a work injury will be important to moving forward after an injury. Victims often claim compensation for the medical expenses they face, the lost wages they miss because of injuries, and the pain and suffering they face. Other damages might also be available.
Getting damages for medical bills requires victims to keep good records of what happened and what treatment they underwent. Workers’ Compensation should cover some injuries and might cover your immediate emergency care and might cover medical expenses – if certain rules and restrictions are followed – but you could be entitled to full compensation through a lawsuit.
Lost wages are often best claimed through a lawsuit. Workers’ Compensation will only cover a portion of your lost wages after an injury. In a lawsuit, you might be entitled to more substantial compensation.
Victims of workplace injuries also often face substantial pain and suffering after an accident. Getting these damages paid is almost impossible through a Workers’ Compensation claim, as that system blocks pain and suffering damages. Talk to our Orange workplace accident attorneys for help claiming these damages in your case.
Common Workplace Accident Injuries in Orange, NJ
Victims of any type of workplace injury can file for compensation after an accident. The most common injuries people face are back injuries and other injuries from lifting and carrying. Workplace accidents often involve vehicle accidents and machinery accidents, leaving victims with a wide range of injuries.
Some more industry-specific injuries are things like “degloving injuries,” where the skin is pulled off the victim’s hand, resulting in extensive trauma.
Another thing to consider is that the law also allows victims of workplace accidents to sue for illness. Some examples would include lung conditions like asbestosis or silicosis. Even cancer and other illnesses can sometimes be linked to workplace accidents, especially those involving chemical exposure.
Talk to our Orange, NJ workplace accident lawyers for more details about what injuries can lead to lawsuits to recover damages.
For a Free Case Review, Call Our Orange, NJ Workplace Accident Lawyers Today
To get started with a free case review, call the Orange, NJ workplace accident lawyers at The Carrion Law Firm today at (718) 841-0083.