If you were injured at work, you may be entitled to compensation. However, your options for pursuing damages will vary depending on the manner in which you were injured. In most cases, your only option for recovering compensation will be through a workers’ compensation claim. However, under certain circumstances, you may be able to file a lawsuit against your employer.
At the law offices of Rand Spear, we have helped countless work accident victims recover the money they need after suffering an injury. Our team of Cherry Hill, NJ, personal injury lawyer is ready and waiting to help you recover damages. Contact us through this website or by giving us a call and schedule your free case consultation today.
The Purpose of Workers’ Compensation Insurance
Workers’ compensation insurance offers protection for both employees and employers. This insurance makes it far easier for injury victims to recover the compensation they need after an accident at work. Submitting a workers’ comp claim is a simple enough process, and in most cases, your claim will be quickly approved.
For employers, workers’ compensation insurance offers protection from lawsuits. A single personal injury lawsuit could potentially bankrupt a small business, while a large corporation in a dangerous industry would be dealing with non-stop litigation.
However, the main drawback of workers’ comp insurance for employees is that this insurance only covers economic damages. You will not receive any money in a workers’ comp claim for non-economic damages such as pain and suffering, loss of consortium, or decreased quality of life.
Can You File a Lawsuit After a Work Injury?
Following a workplace injury, an experienced lawyer can help you recover the compensation you need from the liable party. One of the first things your lawyer will do will be to identify whether you are eligible to pursue a lawsuit in your case. The majority of employers in New Jersey are required to carry workers’ compensation insurance.
If your lawyer has this insurance, you will likely be unable to pursue a lawsuit against them. However, exceptions do apply. While many industries have inherent dangers that can not be avoided, your employer is still required to do what they can to ensure you are reasonably safe at work. Should they fail in this duty, their negligence will open them up to a lawsuit.
One example of this would be if your employer failed to provide you with adequate safety gear or training. Furthermore, you may be able to file a lawsuit against a third party after suffering an injury on the job. For example, you could sue the manufacturer of a defective product or the driver of a vehicle that caused you damage while on the job.
Cherry Hill Work Injury Lawyer Near Me (215) 985-2424
Damages You Can Recover After a Work Injury
The damages you can claim after suffering a work injury will vary depending on whether you are pursuing a workers’ compensation claim or a personal injury lawsuit. In a workers’ comp claim, you will be limited to collecting the economic damages of:
- Medical expenses, including future costs
- Lost wages
- Disability benefits if your injury will prevent you from returning to work
- Funeral and burial expenses in the case of a wrongful death
If you are eligible to file a personal injury lawsuit rather than a workers’ compensation claim, there are a variety of additional economic, non-economic, and punitive damages you will potentially be able to recover. These include:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Diminished quality of life
- Emotional distress
- Property damage
Punitive damages are limited to extreme cases where the at-fault party was criminally negligent or intentionally caused harm. Punitive damages differ from the compensatory damages above in that they do not focus on replacing the losses sustained by the accident victim. Instead, punitive damages are used to punish the liable party for the role they played in causing the injury.
Be Sure to File Your Personal Injury Lawsuit Before Time Runs Out
If you are filing a lawsuit against your employer or a third party after suffering a work injury, it is critical that you pay attention to the personal injury statute of limitations. In New Jersey, injury victims generally have two years to file the necessary paperwork after sustaining a workplace injury. Should you miss this deadline, you will likely be out of options for pursuing damages.
Although the deadline to file a lawsuit has a strict cutoff date in most cases, certain situations may allow an injury victim to submit their lawsuit outside the standard two-year window. Because of this, it is critical that you contact a lawyer to see if you are still eligible to sue, even if you believe you have missed your chance to get the money you need.
On the other hand, you also need to be aware of the fact that the amount of time you have to submit a claim can be further restricted as well. The best way to ensure you don’t get caught off guard by an unexpected deadline is to hire an experienced lawyer in Cherry Hill, NJ, soon after your accident.
Reach Out to a Cherry Hill Work Injury Attorney to Schedule a Free Case Review Today
To give yourself the best chances of recovering the money you need after a work injury, it is essential that you hire an experienced Cherry Hill work injury lawyer with a history of winning big for their clients. At Rand Spear, we have helped countless work injury victims recover the compensation they deserve.
Contact us by phone or through our contact form to schedule a free case evaluation with one of our experienced attorneys today.