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Receiving a Fair Amount for Your Workers’ Compensation Settlement

If you have been injured on the job it is likely that you will have the option to consider a settlement negotiated by your attorney with your employer’s Workers’ Comp insurance company.  Given this opportunity it is very important to make every decision wisely, and doing so with the assistance of your experienced attorney will…Read More

Workers’ Comp Laws Offer Unique Advantages, Disadvantages in Different States

When a person who lives in New Jersey suffers a work-related injury and files a Workers’ Compensation claim to cover their medical costs and related expenses, the claims process is very different than it would be for someone injured while working in a state like California. That’s because each state has its own Workers’ Compensation…Read More

I got hurt on the job. Can I sue my employer?
There are almost no circumstances under which you can sue your employer if you are hurt on the job in Essex, Union, Middlesex or Hudson counties or anywhere else in New Jersey. The NJ Workers’ Compensation system covers those injuries by providing medical treatment when appropriate, replacement pay and a cash award if you are left with a permanent injury after the treatment is complete and you have returned to work. There are some exceptions. Please contact Team Law to learn more about your rights.
If I file for Workers’ Compensation in NJ, will I have to go to court?
Yes. Under the New Jersey Workers’ Compensation law, all cases must be approved by a NJ workmans comp judge. In almost all cases, however, you will not have to appear in court more than one time. Team Law will be by your side throughout the entire in-court hearing process.
Can they make me return to work before I’m ready?
Very often, the insurance company’s doctor will declare you ready to return to work before you feel you are ready. This is a highly debated and extremely complicated area of the Workers’ Comp law. You should consult a Team Law attorney to discuss the specifics of your case. We will deal with the insurance company on your behalf.
Can my boss fire me for filing a Workers’ Comp Claim?
It is against the law in NJ for an employer to punish or discriminate against you in any way for pursuing your rights under Workers’ Compensation law. If you were hurt at work and fired after filing claim, or otherwise feel you are being punished for filing a claim, contact Team Law immediately to discuss the specifics of your situation.
Does the Workers’ Compensation System allow me to choose my own doctor?
No. Under NJ Workers’ Comp law, your employer and its Workers’ Comp insurance carrier get to choose the doctor(s) who treat you. However, in some rare situations, this can be challenged. Talk to a Team Law Workers’ Comp lawyer to learn more about this.
How much replacement pay can I get?
NJ law requires your employer to pay you 70 percent of your average weekly wages (up to a maximum amount determined by the State of NJ each year) for up to 400 weeks.
Can they send me back to work on light duty?
Yes. If your Workers’ Compensation doctor believes you can return to work with light duty restrictions and your employer says they will accommodate those restrictions, you must return to work to perform light duty. However, this determination by the doctor can be challenged under certain circumstances. Talk to a Team Law attorney about your rights.
Can I work at all while I’m collecting Workers’ Comp replacement pay benefits?
No. If you are collecting Workers’ Comp replacement pay, you cannot work at all, nor can you attend any educational programs. Failure to comply may be considered fraud. You can, however, switch jobs while you are under medical treatment by the authorized NJ Workers’ Compensation doctor.

NJ Workers’ Compensation Attorneys at Team Law Successfully Represent Injured Clients in Third Party Claims

When you get hurt at work, no matter how or why you were injured, you are entitled to Workers’ Compensation benefits to cover medical treatment, replacement pay and, at the end of the case and if a judge deems appropriate, a cash award based on your injuries. By NJ statute, your employer must provide these benefits to you. However, that’s where your employer’s responsibility stops in terms of responsibility for your work-related injury. In almost all situations, employees are not allowed to sue their employers for workplace injuries. Employers have “immunity from these types of lawsuits.

However, this immunity doesn’t extend to other parties who were involved in causing the accident. Speak to an experienced lawyer at Team Law about your third party case. We will investigate the case and let you know if you have a possible third party claim. Team Law has helped countless people in New Jersey, including Edison, Clark, Jersey City, New Brunswick, West New York, Newark and Orange win compensation for their workplace injuries through third party lawsuits.

What is a Third Party Claim?

Workers’ Compensation benefits cover medical treatment, replacement pay and a cash award at the end of the case if you are left with a permanent injury. Beyond that, an injured worker would have to bring a claim against someone other than their employer to recover further damages. If you or someone you love has been injured in a workplace accident, it’s critical that you contact an experienced and knowledgeable Workers’ Comp lawyer at Team Law.

We will evaluate the circumstances of your on-the-job injury to determine if a claim exists against another party. This is known as a “third party claim. You may actually be able to hold several other parties responsible for your injury, in addition to your Workers’ Compensation. Injured workers from Union, Essex, Middlesex and Hudson counties have relied on Team Law for decades to protect their rights and help them win compensation for their injuries in third party claims.

Examples of Third Party Claims in New Jersey

When you are injured as part of your normal work duties, you have a right to file for Workers’ Compensation benefits. However, you may often be able to hold another party responsible for you injuries (not your employer and not another employee of the company you are employed by).

  • In a workplace accident, someone injured by defective machinery may be able to bring a third party claim against the designer, manufacturer, assembler or seller of the equipment. A good example of this may be if a ladder or scaffold is improperly installed and causes you to fall.
  • Construction sites are often occupied by workmen from various trades. An electrician may be working in the same space as a plumber or a painter. If another sub-contractor is responsible for your injury, you may be able to sue that person and/or company for your injuries.
  • In a similar scenario, on a construction site, a general contractor is responsible for all the work being done on the site. If you work for a sub-contractor but were injured due to the negligence of the GC, you may be able to bring a third party claim. This is often the case when GCs don’t put proper safety procedures and equipment in place throughout the worksite.
  • If you are regularly on the road as part of your job duties and get hit by another vehicle, you may be able to sue the driver of the vehicle that hit you, and/or his company, as a third party claim.
  • When you are performing work on someone else’s property, the property owner is responsible for making sure safety precautions are in place. If you get hurt because the property owner failed to maintain a safe work environment for you, you may be able to recover damages in a third party claim.

It’s understandable if you feel overwhelmed about who is responsible for what. After all, you are recovering from your workplace injury. Talk to a knowledgeable lawyer who can help you understand the complex third party claim laws in New Jersey. At Team Law, we are here to help.

Speak to an NJ Workers’ Comp Lawyer Who Regularly Files Third Party Claims

Team Law represents people who have been injured at work because of the negligence of a third party. Our clients in Jersey City, Plainfield, Irvington, Rahway, New Brunswick, Orange, East Orange, Summit, and Westfield consistently refer Team Law to others who have been injured in workplace accidents.

While you can’t sue your employer, there may be others at fault for your accident. We will investigate the accident and advise you about whether you have a third party claim. Contact Team Law today to learn more about how we can hold third parties responsible and get you the compensation you deserve for your workplace injuries.

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Client Testimonials

"I would absolutely recommend Roy Konray and his colleagues at Team Law. Roy took his time to get to know me and my medical malpractice case. In addition to being friendly and very easy to get along with, Roy did his homework. He is very knowledgeable about medical information and came to trial prepared to fight for my rights. He kept me informed throughout the process and was on my side every step of the way. I'm sincerely grateful to have been represented by him and even more grateful for the verdict he won for me." [read more]

C. Evans, Millington, NJ / MEDICAL MALPRACTICE

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Areas We Serve

We handle cases in Elizabeth, Jersey City, New Brunswick, Newark, Orange, Perth Amboy, Plainfield, Summit, Jersey City, West New York, Clark, Westfield and all surrounding areas in New Jersey.

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