Workers injured on the job may appreciate New Jersey’s status as a “no-fault” workers’ compensation. Negligence need not factor into any requirements for a claim. What if negligence, specifically third-party negligence, played a role in the injury? The injured worker might be able to file a lawsuit against the third-party that contributed to the incident.
Negligence and third-party claims
Imagine a situation where a worker on a construction site suffers an injury while using a power saw. The employee could file a claim for workers’ compensation, and the employer might not have to worry about any legal action. Unfortunately, the worker may find the workers’ compensation amount inadequate. Furthermore, the payments never address any compensation for pain and suffering.
What happens if it turns out a manufacturing defect led to the saw’s malfunction? In such a situation, the worker might be able to file a lawsuit against the manufacturer. The manufacturer, a third party, could be liable for the resulting injuries due to a product defect.
The nature of third-party claims
Several factors contribute to a credible third-party negligence claim. Ultimately, because one party did something or failed to do something, someone else suffered an injury. Then again, the “party” may include several people. For example, if a snow removal service did not clear ice out of the employee parking lot and someone fell, the snow removal team and the employing company may face lawsuits.
The lawsuit may go forward even when the worker receives a workers’ compensation claim approval. Workers’ comp insurance protects the employer from a lawsuit but does no such thing for any third parties.
Receiving approval for a workers’ compensation claim requires properly applying. Sometimes, denials and challenges may arise, necessitating an appeal.
An attorney may help someone with questions about work injury third-party claims and workers’ compensation applications. An attorney could represent a client in a personal injury suit or a workers’ compensation appeal.