Workers’ Compensation and Third Party Claims

With respect to many workplace injuries, the New Jersey workers’ compensation laws are the exclusive remedy to obtain monetary benefits. This essentially means that workers may only pursue damages through this process. This is what is known as the “grand bargain,” supposedly benefiting both workers and employers. Workers don’t have to incur the cost and time involved in filing a lawsuit, and can have access to benefits much sooner. Employers don’t have to risk a huge judgment by a jury sympathetic to the worker, as the amount of benefits paid is set forth in the statute.

There are, however, situations where an injured worker is not limited to the remedies set forth in state workers’ compensation laws. Workers’ compensation is intended to address situations where an employer or a co-employer is negligent. It does not apply where an unrelated third party had some level of responsibility for the injury. Here are some specific examples of when an injured worker might be able to pursue a third party claim:

  • A worker is injured in a motor vehicle accident, where one of the drivers was not an employer or employee
  • A worker is injured because of the malfunction, breakdown or negligent design of a tool, piece of equipment or machinery—this is what is known as a product liability claim
  • A worker is injured by any type of negligence of an unrelated third party—a passerby, pedestrian, worker on an adjoining project
  • A dog bite or animal attack while on the job
  • A slip and fall injury suffered on a location other than a worksite, or under control of someone other than the employer

Contact Aronberg & Kouser, P. A., Attorneys at Law

At Aronberg & Kouser, P. A., we have more than 35 years of experience helping people in New Jersey and Pennsylvania.  Contact us by e-mail or call our office at 856-429-1700 (toll free at 800-49-JUSTICE). Your initial consultation is free.

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Our Practice Focus
Injured hospital patient

Personal Injury

When you have been injured because of the carelessness or negligence of another person, you want an experienced and aggressive lawyer to ensure that your rights are protected.
Doctor & patient

Medical Malpractice

When you seek medical attention, you anticipate that at a minimum your condition won’t worsen because of the carelessness or negligence of physicians, nurses or other medical personnel.
Co-workers in building lobby

Workers’ Comp

In most instances, in the aftermath of a work-related injury you have the right to seek monetary benefits under state workers’ compensation laws, so that you can recover lost wages and medical expenses.

Family Law & Divorce

We understand that family law matters can be highly emotional, and that different solutions work for different clients.

Many people have the idea that when we file a lawsuit, we are suing the person. We are not. We are suing the insurance company that the person has been paying to protect them against a loss like this. The insurance company that this person has been paying for quite some time.

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