Filing a Third-Party Lawsuit in Addition to a Work Accident Claim – Lawyers.com Blog

Spread the love

Legal Professionals: Law Firm Marketing
Lawyers from our extensive network are ready to answer your question.
by Mr. Frank A. Petro
Posted on May 26, 2021 in Personal Injury, Workers Compensation
Workplace accidents are a common occurrence. According to the National Safety Council (NSC), in 2019, more than 4,500 people died from workplace accidents and another 4.6 million employees suffered an on-the-job injury. In New Jersey alone, more than 69,000 workers were hurt on the job.
After a New Jersey workplace accident, injured employees will be able to pursue a claim for workers’ compensation to help them cover the costs related to the accident. Most people are familiar with a workers’ compensation claim. Workers’ compensation claims can provide payment of medical bills, income replacement benefits while you are out of work, and payment for partial or permanent disability. However, while workers’ compensation claims offer the above benefits, they do not allow injured workers to recover for pain and suffering, and in some instances, loss of earnings above the amount allowed by workers’ compensation or future loss of earnings. In some situations, an injured worker can also file a personal injury claim resulting from a workplace accident. These are referred to as third-party accident claims.
What Does a Third-Party Lawsuit Mean?
When a worker is hurt in New Jersey due to an on-the-job accident or has an injury or condition due to the WEAR and TEAR of the job, that person has a workers’ compensation claim regardless of fault. What that means is that whether the accident is the fault of the employee, a co-worker, or the employer, the injured worker can make a claim for workers’ compensation benefits which is typically the sole remedy against his or her employer.
However, in many New Jersey workplace accidents, another person, business, or organization may have caused the worker’s injuries. In these situations, the injured worker can file a third-party personal injury claim against the at-fault party.
A third-party work accident claim is just like any other personal injury claim. To successfully bring a claim, an injured worker must show that another party’s negligence or fault caused their injuries. That other party cannot be the employer or co-employee. The following are examples of situations in which a third-party work accident claim may be appropriate:
-Motor vehicle accidents;
-Slip-and-fall accidents;
-Injuries caused by dangerous or defective products; and
-Construction site injuries.
Generally, an accident caused by any party other than an employer (or, in some cases, a co-worker) may be the basis for a New jersey third-party work injury claim.
Damages in a New Jersey Third-Party Work Accident Claim
Bringing a personal injury claim following a workplace accident requires an employee to prove another party was at fault. It is highly recommended that you work closely with an experienced personal injury attorney because these cases may have higher value than a workers’ compensation claim. The benefit of bringing a third-party work injury claim is that the injured worker may be more fairly compensated for their injuries. This is because personal injury claims allow injury victims to obtain pain and suffering damages as well as economic damages.
An employee who successfully brings a third-party injury claim can recover compensation for the following:
Medical bills,
Future medical expenses,
Lost wages,
Decrease in earning capacity,
Pain and suffering,
Emotional distress,
Loss of the enjoyment of life, and
Loss of consortium.
Of course, everyone’s situation is different. The amount of damages available in a third-party workplace accident claim will vary from case to case. Those with questions about the recovery process should reach out to a New Jersey workplace accident lawyer.
It is also important to note that in New Jersey, the law says that an injured person cannot make a “double recovery.” Accordingly, under the law in New Jersey, two thirds of all benefits workers’ compensation paid on behalf of an injured employee must be reimbursed from any recovery made by the injured worker against the third party who is at fault. As such, it is extremely important that you discuss the potential for a third party claim with the attorney handling your workers’ compensation claim and that the claim, where applicable, is addressed by an attorney experienced in handling third party work-related accidents.
In addition, if the injured worker does not pursue a third party lawsuit against a party who was at fault for causing the worker’s injuries, the workers’ compensation insurance carrier can within one year make that claim itself to recover the money it has paid out to the worker. Typically, an attorney hired by the workers’ compensation insurance carrier will not have the best interest of the injured worker at heart, making it more important to consider all available options when you are injured on the job and you think someone else may be at fault for causing your injuries. The most simple example is that the injured worker is driving a company truck when he or she is rear ended. The injured worker has a claim against his employer for workers’ compensation benefits. However, he or she also has a claim for pain and suffering and additional losses against the party who rear-ended him or her.
How Long Does a Third-Party Lawsuit Take?
The amount of time a third-party work injury takes to reach a settlement or jury verdict varies widely. The quickest way to resolve a third-party work accident claim is to reach an out-of-court agreement with the at-fault party and their insurance company.
However, injured workers should hesitate to accept an insurance company’s initial offer because these are often insufficient to fairly compensate them for their injuries. Injured workers can expedite the recovery process by working with a dedicated New Jersey workplace accident lawyer with experience negotiating and settling cases.

Contact an Experienced New Jersey Workplace Injury Lawyer

If you suffered a workplace injury, contact the dedicated injury attorneys at the New Jersey law firm of Petro Cohen, P.C. for immediate assistance.
At Petro Cohen, P.C., we have a team of knowledgeable workers’ compensation and personal injury attorneys who have decades of experience effectively handling a wide range of New Jersey workplace accident and personal injury claims. In addition to handling your workers’ comp claim, our workers’ compensation team can guide you on whether or not you may have a third party claim, which you might not otherwise know without their experience and expertise. The workers’ comp team will work seamlessly with the personal injury attorneys at the firm to ensure you receive the medical treatment you need and all of the compensation to which you may be entitled.
When you call to schedule a free consultation with one of our experienced attorneys, we will answer all your questions, so that you can feel confident in your decision, whatever you decide to do. Your initial consultation is free and confidential, and we do not collect any money unless we are successful at winning your case.
Throughout the process, we will work with you every step of the way, working tirelessly on your behalf to bring your case to a successful close. By handling all of the details of the case, it is our hope that you will be able to focus on what matters most – getting better!
We encourage you to take a moment to read what our clients have to say about their experience with the attorneys at Petro Cohen by viewing the many Client Testimonials located on our Web site.
For your convenience, we have four office locations in southern New Jersey, including Cherry Hill, Northfield, Hamilton, or Cape May Court House, and are available 24/7 via Live Chat.
To learn more and schedule your free case consultation with a Petro Cohen, P.C. workers’ comp or personal injury attorney, call us at 888-675-7607. You can also contact us through our online form or via e-mail at info@PetroCohen.com
Remember, In Litigation, You Don’t Get a Second Chance. Select Excellence!
Licensed since 1976
Member at firm Petro Cohen, P.C.
Anyone who has spent much time in the workforce knows that sometimes, jobs can be stressful. However, when work stress begins to adversely affect your health, you may have a diagnosable psychological condition. If so, you could qualify for New Jersey workers’ compensation benefits. At the law firm of Petro Cohen, P.C., we represent injured … Read more
Osteoarthritis (OA) is a condition in which the cartilage between the bones begins to break down, eventually causing the two bones in the affected area to rub together, bone-on-bone. Osteoarthritis, also called WEAR and TEAR arthritis, is the most common form of arthritis. According to the Centers for Disease Control and Prevention (CDC), more than … Read more
Those who routinely lift heavy objects at work constantly put pressure on their bodies. Not surprisingly, lifting heavy objects is one of the leading causes of workplace injuries. According to the Bureau of Labor Statistics, there were more than 86,000 reported cases of lifting-related injuries. While lifting injuries in the workplace sometimes occur over time, … Read more
Licensed since 1976
Member at firm Petro Cohen, P.C.
Anyone who has spent much time in the workforce knows that sometimes, jobs can be stressful. However, when work stress begins to adversely affect your health, you may have a diagnosable psychological condition. If so, you could qualify for New Jersey workers’ compensation benefits. At the law firm of Petro Cohen, P.C., we represent injured … Read more
Osteoarthritis (OA) is a condition in which the cartilage between the bones begins to break down, eventually causing the two bones in the affected area to rub together, bone-on-bone. Osteoarthritis, also called WEAR and TEAR arthritis, is the most common form of arthritis. According to the Centers for Disease Control and Prevention (CDC), more than … Read more
Those who routinely lift heavy objects at work constantly put pressure on their bodies. Not surprisingly, lifting heavy objects is one of the leading causes of workplace injuries. According to the Bureau of Labor Statistics, there were more than 86,000 reported cases of lifting-related injuries. While lifting injuries in the workplace sometimes occur over time, … Read more
Copyright © 2022 MH Sub I, LLC dba Internet Brands. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
Martindale-Hubbell® Client Review Ratings™ display reviews submitted by individuals who have either hired or consulted the lawyers or law firms.
The Client Review Rating score is determined through the aggregation of validated responses. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals.
Martindale-Hubbell validates that a reviewer is a person with a valid email address. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. The content of the responses is entirely from reviewers.
Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page
Martindale-Hubbell® Peer Review Ratings™ are the gold standard in attorney ratings, and have been for more than a century. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice.
The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. All reviewers are verified as attorneys through Martindale-Hubbell’s extensive attorney database. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating.
What are the different Martindale-Hubbell Peer Review Ratings?*
• AV Preeminent®: The highest peer rating standard. This rating signifies that a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.
• Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards.
• Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.
Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Details for individual reviews received before 2009 are not displayed.
Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites.
For more information on Martindale-Hubbell Peer Review Ratings™, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions

source

Leave a Reply

%d bloggers like this: