Injured at Work: Personal Injury at the Workplace Vs. Workers’ Compensation Claims

Nationwide, companies have placed a renewed emphasis on safety protocols in the workplace. In response, New Jersey enjoys a below-average ranking in non-fatal workplace illness and injury rates. 

Even with that success, it’s important to recognize that many New Jersey workers still experience on-the-job injuries. It’s essential to provide these individuals with guidance regarding financial compensation that can help toward healing and recovery.

New Jersey personal injury attorneys explain two financial compensation options for those injured at work: personal injury at the workplace vs. workers’ compensation claims. 

What Are My Options for Financial Compensation if I’ve Been Injured at Work?

If you have been injured at work, you have two options for financial compensation. The first, and most often thought of, is worker’s compensation.  The second is a personal injury claim for damages. 

What’s different between the two, and how do you know which applies to your circumstance? The answer rests on whether your accident was caused by another’s negligence.

Personal Injury at the Workplace vs. Workers’ Compensation Claims 

Personal injury claims

When someone is injured at work due to another’s negligence, the injured worker may seek damages against the at-fault party through a personal injury claim. Personal injury claims provide compensation for injury-related losses, such as:

  • Immediate medical expenses
  • Long-term medical care
  • Lost wages
  • Future lost income
  • Pain and suffering
  • Diminished quality of life

It’s important to note that employers and coworkers are generally excluded from personal injury lawsuits, with some exceptions. 

Instead, you would file a personal injury claim against other involved negligent parties, including but not limited to:

  • Subcontractors
  • Product manufacturers
  • Vehicle manufacturers
  • Maintenance contractor
  • Negligent and distracted drivers 
  • Equipment operators
  • Building owners 

If you believe you have standing to file a personal injury lawsuit, consult a personal injury attorney regarding your case. They will review your accident and determine if there is an at-fault party to pursue and how to proceed with our claim.

Workers’ Compensation

Workers’ compensation is available to employees across all 50 states and is designed to provide limited financial benefits to workers injured on the job.  Employees are eligible for workers’ compensation without needing to prove fault for a workplace injury. 

New Jersey workers’ compensation provides injured employees with the following:

New Jersey workers’ compensation is limited in amount and duration.  Suppose you have suffered a severe work-related injury requiring long-term care or a prolonged absence from work. In that case, it may be wise to consult a personal injury attorney regarding your options.  

Consult a New Jersey Personal Injury Attorney about Your Work-Related Injury

While workers’ compensation and personal injury claims can each ease financial concerns after an on-the-job injury, figuring out which to file can feel overwhelming. 

Further, it may not be an either-or decision.  In many instances, an injured worker may find they have grounds for both workman’s compensation and a personal injury claim.

To learn more about the merits of your case and what to do, reach out to an experienced New Jersey personal injury attorney today. After a thorough review of your work-related accident, a skilled attorney will explain the best options for getting the compensation you need and deserve. Contact us today.

Posted in: Personal Injury