Our Family Has Given A Voice To The Injured For Over 50 Combined Years
Not all job-related injuries are Workers’ Compensation claims. Some may be both personal injury and Workers’ Compensation claims. The complexity around accidents can make it challenging to know who should pay for your losses.
Some cases involve a negligent third party. That may be a subcontractor, a property owner, or the manufacturer of the equipment you were using.
Goldstein & Goldstein, LLP has experience in both areas, and our client-focused approach allows us to seek out all parties responsible for losses. When you work with our attorneys, you always have an advocate fighting for truly fair compensation.
We handle all types of Workers’ Compensation injuries. That includes drivers, slip and fall, and equipment accidents. If you suffered an injury at work, learn how Workers’ Compensation protects you.
Workers’ Compensation in Newark, New Jersey: What It Covers
Workers’ Compensation provides protection for workers hurt on the job due to employer mistakes and oversights. Workers’ Compensation protection allows you to recover damages such as:
- Medical expenses related to your injury and recovery.
- Partial wage replacement, depending on how long you are out of work.
- Disability benefits if you cannot go back to work.
The key differentiating factor with Workers’ Compensation is the inability to pursue non-economic damages. Employees do not need to prove negligence. Employers do not have to admit fault.
Employers have the obligation to cover losses employees suffer. Employees have the right to a safe place.
When a Third-Party Claim Becomes a Personal Injury Case
There are times when a third party causes your injuries and losses. This means you can seek legal action against that party. Some examples might include:
- The manufacturer’s equipment defect caused the incident to occur.
- The property owner created a hazardous situation that the employer did not know about.
- A vehicle accident happened while you were on the clock, caused by another driver.
Third-party claims allow you to recover all of your losses. That includes medical bills, lost wages, and pain and suffering. These are the non-economic damages that Workers’ Compensation does not cover. Having a Newark personal injury lawyer review your case is vital. It allows you to consider both systems. It helps you avoid not getting the compensation owed to you. That way, you do not overlook valuable benefits owed to you.
The Importance of Coordinating Both Claims
A third-party workplace accident is not a simple claim to file. The right timing and evidence are necessary. Waiting too long may eliminate your ability to seek fair compensation. Medical documentation is also essential. It helps demonstrate what the actual cause of your injuries is.
In situations where claims occur separately, complications can occur. For example, you may face double recovery rule violations, meaning you cannot seek compensation for the same losses from multiple parties. You may also face lien issues, where a provider has the right to assets.
At Goldstein & Goldstein, LLP, we ensure both cases occur according to the law. We make sure you have the right to pursue Workers’ Compensation vs personal injury claims according to your best interests. These cases require careful planning and proof. Often, the evidence you need seems outside of the point of access. With an attorney on your side, you gain knowledge of what your rights are and help prove your losses. Expect our team to help you navigate the legal rights you have in these matters.
Our Client-Focused Approach
Expect our Newark personal injury lawyers to provide you with:
- Clear communication. We are available to discuss your case openly with you.
- We do not make claims we cannot keep. We are open and honest with you about your rights and case limitations.
- Expect us to be available as you need us to be. Come in for an in-person consultation or talk with us over the phone.
With decades of combined experience helping New Jersey injury victims, you can trust that we will do everything we can to help you recover damages fairly. Our goal is to help you recover physically, emotionally, and financially from losses you did not cause.
FAQs about Workers’ Compensation in Newark, New Jersey
Can you still work while collecting Workers’ Compensation benefits?
Typically, the answer is no. If you are collecting Workers’ Compensation replacement pay, you are not allowed to also keep working that job during that time. Continuing to work a second job might be permitted, but it could impact the amount of your available benefits.
Can I file Workers’ Compensation claims and a personal injury claim?
Typically, you have the ability to do so if you can demonstrate that both parties are responsible for the losses you have. You do not have to prove that your employer was negligent, but you must demonstrate that the injury occurred while you were engaged in work-related activities. A personal injury claim allows you to seek financial compensation if someone else’s negligence led to your injuries. Seeking both types of compensation may be beneficial to many victims.
What is double recovery for in a workplace accident?
One of the limitations of filing a Workers’ Compensation and personal injury claim at the same time is that you cannot double-recover. That is, you cannot get paid twice for the exact same losses. For example, if you have a hospital bill worth $25,000, and your employer pays that through a Workers’ Compensation claim, you cannot include that $25,000 in a personal injury claim. Your attorney will help you navigate your rights in these situations.
Hire a Newark Personal Injury Lawyer at Goldstein & Goldstein, LLP
When you work with our Newark personal injury lawyers, you gain insight into your rights. Set up a free consultation with Goldstein & Goldstein, LLP now, and learn what we can do to help you. Call 973-675-8277 or fill out our contact form now. We are located in East Orange, NJ.
