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Pursuing a third party for a work-related injury

On Behalf of | Feb 22, 2021 | Workers' Compensation

When workers in New Jersey get hurt, they can generally make a worker’s compensation claim. Most employers are required to provide this kind of coverage. But there are cases when it’s also possible to pursue a claim against a negligent third party when an accident occurred on the job. In order to win such a case, it’s necessary to prove that the accident happened at work, that a duty of care was owed but not provided and that work-related injuries occurred as a result.

How do these accidents happen?

Work injuries can happen on sites that aren’t owned or operated by the injured party’s employer. For example, if an employee is making a delivery for work, but a drunk driver hits them, it may be feasible to pursue that individual in this kind of case. Another example is caregivers. If a hospice nurse is visiting an apartment to provide care but falls because of a hazard on the property, it may be possible to sue the owner of the building.

One benefit of a third-party lawsuit like this is that damages are not capped as they are in some workers’ comp cases. Typically, workers’ comp will cover a portion of wages but no pain and suffering. In a third-party lawsuit, it’s possible to receive compensation for future lost wages and overtime. Damages for pain and suffering can also be awarded.

Getting legal representation

Anyone who wants to file a claim after being injured by a third party on the job should contact a lawyer. An experienced attorney may help clients understand if they have a case, who should be pursued and what damages it might be possible to collect.