Compensation From Your Workplace Injury

Workplace InjuryWorker’s comp, workplace injury compensation, workplace comp – all terms referring to injuries which occur in the workplace and the compensation by the employer, the employer’s workers compensation insurance and/or third party which is associated with the injury that occurred.

Chances are, if you’ve been injured in the workplace, then you have probably experienced the red tape associated with a workplace injury. Although worker’s compensation can provide many benefits to the injured employee, there are also many associated elements which are not addressed by worker’s compensation, such as punitive damages, pain and suffering. It is because of this that workers involved in a workplace injury should consult an attorney who specializes in workplace injury compensation to fully discuss the facts of their case as soon as possible.

Pursuing Compensation Outside Workers Compensation

For instance, if you’ve suffered from a workplace injury, then you may have been told that compensation from the worker’s compensation insurance is the only compensation you will receive; however, in some cases you may be within your legal right to sue for damages incurred because of your injury, such as:

  • Injury from a defective product;
  • Injury from a toxic substance;
  • Injury from intentional or egregious conduct by your employer;
  • Injury from a third party;
  • Cases where the employer has no worker’s compensation insurance.

When Defective Products or Equipment Is Involved

In cases where you were injured from a defective product, such as defective equipment or machinery, the manufacturer of said equipment can be held responsible for the injury if the manufacturer was aware of the condition and did not take proper action to warn the business or employee. The manufacturer would then be responsible for workplace injury compensation, such as associated medical bills, pain, suffering, and lost wages.

Injury From Toxic Substances

Cases of workplace injuries by toxic substance are divided into two categories: acute injuries and latent injuries. Acute injuries are immediate in nature and usually easily identifiable and traceable, while latent injuries may take years to appear and delineating the link from your injury or chronic illness to the exposure to toxic substance is sometimes complicated and thwart with difficulty. For this reason, toxic substance workplace injuries are best fought with the assistance of a workplace injury compensation attorney.

When Can I Sue?

In cases where an employer portrays intentional misconduct or egregious acts against the employee which sustains an injury to the employee, the employee may sue the employer for damages which would exceed what they would have received through worker’s compensation benefits.

When employers do not have workplace injury compensation insurance, employees have the option to sue their employer in civil court for their injuries. The burden of proof, however, lies on your to prove your employer was at fault in your workplace injury.

When a third party is involved that is liable for your workplace injury, you have the right to sue the third party that is responsible for damages associated with your injury. An example of this would be when a company driver is making a delivery and while en route is hit by another car who is considered ‘at fault’ in the accident. The ‘other’ car represents the third party in this situation.

More Questions?

Because all questions surrounding workplace injury compensation cannot be answered in a mere article, it is highly recommended you seek the advice of legal counsel if you have believe you have suffered a workplace injury. Contact a workers compensation lawyer in NJ to learn more.

About Aimee Lancaster

Born and raised in New York Aimee works as a freelance author and contributes to multiple publications and blogs around the world.