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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