When you’ve been hurt on a construction site, your first course of action will often be to file a workers’ compensation claim. In many instances, that will be your “exclusive remedy,” which means that your only recourse to recover monetary damages for your losses is through the New Jersey workers’ compensation system.
There are, however, situations where you are not limited by the workers’ compensation laws, where you may file what is known as a “third party claim” in a civil court. Here’s how it works.
The workers’ compensation laws are in place to cover situations where there was negligence or carelessness by your employer or a fellow employee. If your injuries were caused entirely by wrongful acts by your employer or a co-worker, then you may only seek benefits through a workers’ compensation claim. However, if any unrelated party contributed to or caused your injuries, you may bring a legal action against that unrelated party in a court of law. Some examples of third party liability include:
- Injuries caused by the careless design or manufacture of tools or equipment on the jobsite
- Injuries caused in a motor vehicle accident involving a person who is not your employer or a co-employee
- Injuries caused by workers or vendors at an adjoining work site
There are circumstances, where the injury was caused in part by your employer or a co-employee and in part by a third party, where you can file a workers’ compensation claim simultaneously with a civil suit. However, you cannot recover twice for the same loss—if you recover for medical expenses in a workers’ compensation claim, you can’t recover for those same expenses in a court of law.
Contact Us Now
Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 / 856-600-HURT to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.
We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.
