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Can a worker ever sue their employer after a workplace accident?

April 01, 2022

Workplace accidents are a reality that many New Jersey workers must face every year. When an accident happens and a worker gets hurt, they may lose time from their job and the important pay they need to support themselves in their families. Workers’ compensation is a form of financial support that most employers must pay into to help their workers in these types of situations.

In New Jersey and many other jurisdictions, workers’ compensation is the exclusive remedy for workers who have gotten hurt or sick while on the job. That means that a worker is limited to what they will receive from workers’ compensation and may not have the right to pursue other forms of compensation from their employer. There are exceptions to this rule, though, and this informational post will explore those exceptions. No part of this post should be read as legal advice.

Exceptions to workers’ compensation

As mentioned, an injured or ailing worker may not be able to pursue other legal remedies when they get hurt or sick at work besides workers’ compensation. However, if their employer treats their workers’ compensation claim in bad faith or otherwise prevents the worker from recovering sufficiently from workers’ compensation, the worker may be granted the right to sue their employer for further damages. Fraud, misconduct, or failing to pay into workers’ compensation can all serve as grounds for permitting a worker to sue for their losses.

Getting compensated after a workplace accident

For many workers, the workers’ compensation system in New Jersey is a sufficiently useful process to provide them with the financial support they need to get over workplace accidents, injuries, and illnesses. For others, the acts of their employers can prevent them from fully engaging with workers’ compensation and getting back on their feet. When this happens, ailing workers can speak with workers’ compensation lawyers in their communities for help. They may have options under the exceptions mentioned in this post or other options for getting the financial support they deserve.

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Let Us Guide You Through The Process

If you have been injured in a workplace accident, you may have many questions about the financial benefits available to you under New Jersey’s workers’ compensation system. You should know that you only have a limited amount of time to report your work injury and make a claim for workers’ comp benefits. Therefore, it is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Please call 866-916-3549 or contact our office using our convenient online contact form to arrange a free consultation. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

Representative Cases

Our client, a nurse at a long-term care center, suffered a work-related herniated disk injury in her back. As a result of her preexisting medical condition and her herniated disk, the court found that the client was totally disabled and awarded the client lifetime weekly disability payments and medical coverage for life.

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