When Can an Injured Worker Bring a Lawsuit Seeking Full Damages?

In New Jersey, workers’ compensation is typically the exclusive remedy for employees who suffer injuries while on the job. This system is designed to provide benefits such as medical expense coverage and partial wage replacement without the need for the injured worker to prove fault on the part of their employer. However, if the injury is caused in whole or in part by someone other than the employer or a co-worker, the injured worker may have the right to pursue legal action against that party.

Third-party liability claims can arise from various causes, including the following:

• Defective equipment — If a worker is injured due to a machine or tool that malfunctions because of a design, manufacturing or installation flaw, liability may extend to the manufacturer, distributor or installer. In addition, a mechanic or other maintenance provider for a machine can be liable if their negligence contributed to the accident.
• Independent contractor negligence — Many businesses use outside companies to provide services. Construction sites often have multiple contractors and subcontractors working simultaneously. If an employee from one company is injured due to the negligent actions of an employee from another company, the injured worker may sue the other company for damages
• Property owner negligence — If a worker’s injury can be attributed to a hazardous condition that the property owner should have addressed, that owner can be sued for negligence. This applies to situations where the safety of the environment is compromised, such as slippery floors, poorly maintained walkways or other hazardous conditions.
• Motor vehicle accidents — If a worker is injured in a car crash while performing job-related duties, such as making deliveries, visiting client sites or otherwise being on duty outside the workplace, the worker can pursue a claim against another driver who is at fault.

A third-party action can be vital because although workers’ compensation provides a safety net, it does not compensate for full lost wages, nor does it provide for damages related to pain and suffering, emotional distress or reduced quality of life. A lawsuit, on the other hand, opens the possibility for recovering these additional losses, potentially providing a more comprehensive redress for the harm suffered. An attorney skilled in both workers’ compensation and personal injury law can help identify all potentially liable parties and pursue all the compensation to which the worker is entitled under the law.

If you are hurt on the job, you can trust Kevin T. Kutyla, Esq. to fight for your workers’ compensation benefits and to pursue available third-party actions for damages. Based in Succasunna, I represent injured workers in Sussex and Morris counties and throughout New Jersey. Call 973-940-8970 or contact me online to schedule an appointment.