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Should You File a Personal Injury Lawsuit or a Workers’ Compensation Claim?
Suppose you or a loved one suffers serious injuries in a workplace accident. Do you know how to get the financial recovery you require to get back on your feet and pay for costly expenses like medical bills, lost wages, and more? You may be familiar with personal injury claims and workers’ compensation claims. Still, you may be unclear as to what legal option applies in your case. Many assume that if they are hurt on the job, they must rely on workers’ compensation to seek settlements for expenses related to the accident and injuries.
That’s not always the case.
Depending on the circumstances of your case, you may also be eligible to file a personal injury claim. To fully understand the differences between personal injury lawsuits and workers’ compensation claims, it is often necessary to review your case with the help of an experienced attorney.
What is a Workers’ Compensation Claim?
In New Jersey, as with most states, employers must carry some workers’ compensation no-fault insurance. Workers’ compensation insurance benefits employees who are injured or get sick due to their workplace environment, unforeseen accidents on the job, or other incidents related to their employment, regardless of who caused the incident. Common reasons for workers’ compensation claims in New Jersey include motor vehicle accidents, toxic chemical exposure, slip and fall accidents, machinery defects, and more.
Essential benefits and features of New Jersey workers’ compensation claims include the following:
- It is not necessary to prove that anyone was negligent in the cause of the accident. Provided that the injury occurred while you were on the job, you will usually be covered by workers’ compensation insurance
- Workers’ compensation covers past and future medical expenses, disability benefits, and a portion of lost income
- There are limitations to workers’ compensation, such as that it does not cover physical pain and suffering, emotional trauma, or punitive damages
- In most instances, you cannot sue your employer for negligence. This is the most significant trade-off for guaranteed workers’ compensation benefits
You may assume that filing a workers’ compensation claim and beginning the claims process is relatively simple. Unfortunately, insurance companies are not always easy to work with. They will do everything they can to save money, question the validity of your claim, and even attempt to shift the blame onto your shoulders. Working with experienced workers’ compensation lawyers is often necessary to handle your case.
What is a Personal Injury Claim?
Personal injury claims are lawsuits filed with the courts against at-fault parties who you claim to be negligent or in some way responsible for your serious injuries. To recover financial compensation in a personal injury case, the plaintiff must prove that the other party was at fault or negligent in some way. In personal injury cases, the legal representation for the injured client is tasked with convincing the courts with evidence to establish that the opposing party failed in their duty of care and that this breach of duty resulted in your injuries.
Most personal injury claims are settled out of court without a costly trial period. However, when the insurance company, at-fault party, or other interested parties refuse to accept fault or negotiate a fair settlement, taking the case to court may be necessary. If your case ends up in court, you want experienced trial attorneys in your corner.
Essentials related to personal injury lawsuits include the following:
- A third party’s negligence must be proven. This usually involves establishing that the other party had a duty of care, that they violated that duty, and that this breach of duty caused the accident and resulting injuries
- Financial recovery in personal injury cases can include compensation for medical expenses, lost wages, pain and suffering, emotional distress, and sometimes punitive damages
- Personal injury claims can be complicated and time-consuming to resolve. Often, you will need to work with an experienced lawyer to establish evidence of fault and negotiate for a fair settlement
What Are the Key Differences Between Workers’ Comp and Personal Injury Claims?
While workers’ compensation claims and personal injury lawsuits share many similarities, key differences exist.
Fault Requirements
Personal injury claims require that the plaintiff demonstrate that the other party was at fault or acted negligently. To successfully recover compensation in a personal injury case, the courts must be convinced that your injuries result from someone else’s negligence.
On the other hand, you do not need to prove fault to recover workers’ compensation benefits, no matter who was deemed to be at fault for the accident and associated injuries. Even if no one was to blame, workers’ compensation insurance allows injured workers to recover losses related to their damages.
Financial Recovery
In workers’ compensation cases, you mostly receive financial recovery for past medical expenses and lost income from time missed from work. An insurance company will calculate the proper amount to provide you with lost wages. All medical treatment related to recovering from your injuries will be compensated with workers’ comp. Additionally, workers’ compensation insurance may include vocational rehabilitation and, depending on the severity of your injuries, could also provide disability benefits.
Personal injury lawsuits allow you to recover many of the same economic damages you could in a workers’ compensation case, such as lost income, medical expenses, etc. However, in a personal injury lawsuit, you can also recover compensation for non-economic damages such as pain and suffering, mental distress, and sometimes punitive damages.
Different Processes and Procedures
The procedures differ as well. To receive workers’ compensation, you must inform your employers about the injury first and foremost. You and your employer will then be afforded time to complete the paperwork and begin filing for workers’ compensation. The documentation would then be filed with the employer’s insurance company, which would then evaluate the information and investigate the claim. You can appeal if the insurance company denies your workers’ compensation claim.
Personal injury cases begin when you file your lawsuit in court. A copy of the personal injury lawsuit would then be served to the defendant. The case proceeds when the other party files their court papers in response. Defendants can decide whether to settle the case, or else the case will proceed to a court of law.
Liability
When you file workers’ compensation claims, the employer’s insurance company becomes financially liable to pay for the recoverable benefits.
In New Jersey personal injury cases, the financial responsibility for a successful claim could either be covered by the defendant’s insurance coverage or by the defendant themselves. Sometimes, the defendant’s insurance policy may be insufficient and incapable of meeting your compensation demands.
The Right to Sue
In New Jersey, workers’ compensation laws provide medical expenses and weekly lost wages for anyone injured while performing their workplace duties. However, as a trade-off, injured employees surrender their right to sue their employers, colleagues, or industry for negligence.
One exception to the rule may be in instances where the injured employee believes their accident and injuries were the result of intentional acts by a coworker or employer. In such situations, the injured worker may be able to sue them for additional damages. Additionally, injured workers can file lawsuits against third parties to sue them for their share of liability.
Two groups of New Jersey workers, including vessel crew members and interstate railway workers, retain the right to sue their employers for injuries regardless of the state’s workers’ compensation laws.
Schedule a Free Consultation with Our Experienced Injury Lawyers Today
Our New Jersey law firm has extensive experience representing clients in various legal matters related to personal injury law and workplace accidents. We are ready to answer your questions and concerns about the right course of action in these complex legal issues. To ensure that you are choosing the correct legal option, please contact our law office to schedule your free initial consultation with our attorneys today.
Contact us today to discuss your case in more detail in a free, no-obligation case evaluation. You can reach us at 973-319-7795.
