If you get hurt while working, you deserve workers’ compensation. What if your work was not the only reason you got hurt though? What if another person or party contributed to your injuries? Then that is when things can get a bit more complicated because filing a third-party personal injury claim in addition to seeking out workers’ comp might be a necessity. Our Middlesex County workplace accidents attorneys can help you figure out the right course of action.
When Should I File a Third-Party Personal Injury Claim?
You can file a third-party personal injury claim when you believe that someone else contributed to an injury that you received on the job. Let’s look at a few hypotheticals:
- You’re driving to make some deliveries for your job. You get into an accident with a truck driver. You file suit against the driver and the trucking company.
- You visit a client’s facility and slip and fall, injuring yourself. You make a claim against that client who did not keep the premises safe for visitors and guests.
- You get hurt due to unsafe conditions on the job. At the same time, you notice a defect with the equipment that was being used. That defect contributed to your injuries, so the manufacturer of the defective product is sued.
In all of these situations, you are still eligible for workers’ compensation, but someone other than your employer caused a dangerous situation for you and also needs to be held responsible.
Can I File a Claim Against My Boss or Supervisor?
This is not usually what this type of claim is for. While there may be limited circumstances in which suing a boss or supervisor personally is an option, generally your work injury is going to be addressed with workers’ compensation. Suing your superiors is rarely an option.
Can I Still Recieve Workers’ Compensation?
Filing a third-party personal injury claim does not stop you from securing workers’ compensation. In fact, it actually allows you to secure different types of damages.
Workers’ compensation is there to cover the economic costs of an accident, like the medical bills and lost wages. It does not make up for noneconomic damages, like psychological trauma, mental anguish, or pain and suffering. A third-party claim does allow you to sue for both economic and noneconomic damages.
How Long Do I Have to File a Third-Party Personal Injury Claim?
If you do decide to file a third-party personal injury claim, you must do it before the statute of limitations expires. New Jersey gives you two years to file your claim, so we recommend acting quickly. You do not want to lose your chance to pursue compensation.
Talk to a Lawyer Today
So if you are thinking about filing a third-party personal injury claim, make sure that you have the assistance of an experienced attorney. Contact Stathis & Leonardis and schedule a consultation with our team. We can tell you more about how our lawyers can help you secure the compensation that you deserve.
