Below are frequlently asked questions about work place injuries.
Can I sue if my injury occurred at work?
Workers who are injured on the job, in most cases, can collect workers compensation benefits. However, depending on the facts of your case, you may not be able to file a lawsuit. New Jersey law generally does not allow an injured worker to sue his or her employer or a co-employee for injuries that occur on the job. In some cases, the injured employee may still be able to file a third-party claim.
What is a third-party claim?
A third-party claim is a personal injury lawsuit that a worker files against a party other than the worker’s employer or co-employee. In construction injuries, third-party law suits are frequent due to the number of parties besides the employer that are typically on a construction worksite. If another company or its employee caused or contributed to a job site accident, there can be third party liability. Common parties named in third-party lawsuits include subcontractors, general contractors, property owners and tool manufacturers. Money received from a third party law suit is in addition to workers compensation benefits.
What types of work site accidents are most common?
Construction injuries and deaths are caused by a wide variety of dangerous circumstances. It is not uncommon to have a work place injury as a result of falling objects, unsafe equipment, falls from scaffolding or other heights, and worksite vehicle injuries. Worksite vehicle injuries typically can involve cranes, excavators, back hoes, roll off hoist trucks, dumpsters and dump trucks.
What happens when a defective tool or malfunctioning equipment causes an accident?
When a work place injury is caused by a defective tool or equipment the potential third-party claim can be a product liability claim. If the equipment or machinery that caused the injury was defective because of a design defect, a manufacturing defect, or a failure to warn the owner or manufacture of the equipment or machinery can be responsible for damages. If the involved equipment or machinery was rented, the rental company may also be liable, too. If the injury was caused by poor or substandard equipment maintenance and the maintenance was contracted to an outside company, the outside maintenance company can be held liable for the work place injury.
What damages can I recover in a work place injury lawsuit?
The types of damages available to an injured worker who successfully in brings a third party claim are similar to the damages available to other types of personal injury claims. While every case has unique facts, most successful cases include compensatory damages. Compensatory damages can include but are not limited to, medical expenses, loss of income, pain and suffering, resulting disability or disfigurement. Your spouse may also have claim for loss of consortium. If the construction accident causes a death, the surviving family members may have the opportunity to recover financial damages in a wrongful death or survivor claim.
Do I need an attorney for a third party claim?
You do not need an attorney to bring a workers compensation claim or a third party claim. Workers compensation claims have a unique legal procedure which makes having an attorney advisable. Third-party claims are often factually more complicated than workers’ compensation claims. The investigation and due diligence required to determine if a viable third party claim exist can daunting.
Our team of experienced personal injury attorneys is skilled at evaluating third claims and determining at-fault parties that may be liable for damages. A workers’ compensation insurance carrier that has paid workers compensation benefits will have a lien on any third party recovery. The insurance carrier has a lien on any recovery that is received by settlement or trial. Our attorneys have successfully negotiated the compromise of many personal injury liens. The end result is less money to the insurance company and more money to our client the injured party.
How can I afford a workplace accident attorney?
For any personal injury case, including work place accidents, our firm represents clients on a contingency fee basis. This means that you do not owe the firm any money unless and until we recover money for you. If we do not win, you do not pay. If you recover money, our fee is a portion of the proceeds.
Will your firm review my case, for free?
Yes. There is never a consultation fee for our personal injury clients. We welcome in office, in home, and if needed in hospital consultations.
What is the best way to meet with a DeMichele & DeMichele lawyer to review my case?
You can reach a DeMichele and DeMichele, P.C. attorney by phone at (856) 546-1350. You can also reach us by e-mail e-mail by clicking here . Do not wait to have your case reviewed by an experienced personal injury lawyers. Do not wait schedule you free initial consultation.