New Jersey Injury Lawyers BlogWorkplace Injuries: The Ins & Outs of Filing A Workers’ Compensation Claim vs. A Personal Injury Lawsuit
Workplace injuries can put a strain on an employee both physically and financially. When the injury occurs as the result of the employee carrying out the routine tasks of their job, they may be entitled to receive benefits under their employer’s Workers’ Compensation insurance.
New Jersey law requires all employers to carry Workers’ Compensation insurance to cover employees injured on the job. Exceptions to that requirement include federal employees who are covered under a comparable federal program, and partnerships, sole proprietorships, and LLC members who have no additional employees and qualify for self-insurance.
Workers’ Compensation serves two purposes: providing financial compensation to employees injured while performing their day-to-day job and, in most cases, protecting the employer against lawsuits filed by the employee for the same injury.
What It Covers
Generally, Workers’ Compensation will cover medical expenses and a portion of lost wages for employees who were injured and recovering from:
- Traumatic Injuries – Injuries caused by an accident.
- Occupational injuries – Disease/injuries from prolonged exposure to chemicals and other hazardous materials or repetitive stress.
Workers’ Compensation will not cover injuries sustained due to an employee’s:
- Intoxication from drugs or alcohol
- Horseplay or fighting
- Commission of a crime
Workers’ Comp Benefits and Requirements
Generally, Workers’ Compensation covers expenses for:
- Medical treatments – including doctor’s visits, hospital stays, surgeries, and medications as needed
- Lost wages – partial payment of wages while employee is out of work
- Rehabilitative therapies – including physical and vocational therapies to help employee prepare for a return to work
- Death benefits – to compensate beneficiaries of employees who suffer fatal injuries
- Permanent disability – for employees whose injuries are severe enough to prevent a return to work
To collect, the injured employee must report the injury to their employer, preferably in writing, as soon as possible but no later 30 days from the date of injury. Additionally, in New Jersey the employee must file a formal Claim Petition to the state within two years of either the injury or the receipt of their last compensation payment. In cases of repetitive stress injuries or occupational illnesses, the two-year period begins when the employee first becomes aware of their condition and its relation to their employment.
When A Personal Injury Lawsuit May Be Warranted
While Workers’ Compensation seeks to help employees injured simply by doing their job, there are certain situations where it does not come into play. Those situations include:
- Instances of third-party negligence
- Intentional misconduct by the employer
- Denial of claims due to lack of insurance by the employer
In situations like these, the injured employee may have no other recourse than to seek compensation through a Personal Injury lawsuit.
Workers Compensation requirements and regulations can be complicated. An attorney experienced with New Jersey’s Workers’ Compensation laws can help you navigate the filing process and build an appeal should your claim be denied. When your injury does not fall under Workers’ Compensation parameters, a Personal Injury attorney can help you evaluate your situation and file a Personal Injury lawsuit, if warranted.