03 May Can you sue your employer if you’re injured at work in New Jersey?

Almost every employee in New Jersey is covered under workers’ compensation coverage, which is provided by their employer. At Bloom Law Office, some clients want to know if they can sue their employer if they’re injured at work and file a workers’ compensation claim. Except in rare, specific circumstances, you must choose to file either a workers’ compensation claim or a lawsuit.

Suing Your Employer If Injured At Work

There are a lot of working parts to consider. What if the accident is due to employer negligence, such as a lack of safety protocols? Within workers’ compensation law, it doesn’t matter who caused the accident (even if the person filing for workers’ compensation caused it). In some cases, you may be able to sue your employer for other non-related damages, but if you file for and receive workers’ compensation coverage following an accident, then you cannot sue the employer for any damages related to the injury or illness.

Benefits Of Filing A Workers’ Compensation Claim

Legally, workers’ compensation is dubbed an “exclusive remedy” for a work-related injury. There are many benefits to filing a workers’ compensation claim instead of filing a lawsuit. It’s a lot faster and more predictable than a lawsuit, and you can receive medical and monetary benefits right away. A lawsuit can take a long time to produce any benefits, and there is no guarantee that the court will rule in your favor. Workers’ compensation coverage also pays for lost wages as well as permanent disability benefits (if applicable). However, you are not allowed punitive damages with a workers’ compensation claim. This includes pain and suffering.

When Worker’s Comp Doesn’t Trump A Civil Lawsuit

The rare cases where you can file for both workers’ compensation coverage and a civil lawsuit include if your employer intentionally hurts you, or if they don’t have adequate workers’ compensation coverage (but are required to by law). Proving intentional harm may be difficult. Other times it’s pretty clear, for example, if your boss lost his/her temper and punched you in the face. Intentional acts need to be very intentional and are usually very obvious, but might not be so easy to prove.

Whether you’re interested in filing a workers’ compensation claim or a lawsuit against your employer, it’s important to secure legal help as soon as possible. Call Bloom Law Office today at 855-208-3650 to schedule an appointment with an expert in the West New York today.