Can I File a Personal Injury Lawsuit Against My Employer in New Jersey?

You are walking down the halls of your office. And, suddenly, you slip on the floor.

Slipping on the floor gives you a nasty back injury. This injury forces you to spend a few days in the hospital.

You want to obtain compensation and learn you can do so by filing a workers’ compensation claim. But it’s unclear if this will cover all of your related bills and expenses.

By reading this quick guide, you will learn whether you can file a personal injury lawsuit against your employer in New Jersey. 

On top of that, you will learn one of the ways you can obtain compensation for an injury you suffered at work.

If you want to move forward with a personal injury lawsuit, call Rosengard Law Group at 856-284-6446 or Contact Us Online.

The Workers’ Compensation System in New Jersey

Just as a general rule, you cannot file a personal injury lawsuit against your employer in New Jersey (although there are exceptions, which we will discuss in a minute). But you can almost always file a workers’ compensation claim.

The basis for this is as follows: New Jersey allows employees to obtain compensation for on-the-job injuries, even if they were at fault for their injuries. This goes both ways, though: You agree when working, to not sue your employer for negligence.

If you work construction and are injured due to your misuse of a drill, then you can still obtain workers’ compensation for the accident. And this is true even if your employer’s negligence led to your injury.

Even though the above is often true, there are exceptions. If these exceptions are present, you may be able to file a personal injury lawsuit against your employer. This can help you get more money than you would normally receive through workers’ comp alone.

When Can You File a Personal Injury Lawsuit Against Your Employer in New Jersey?

To start, you can file a personal injury lawsuit against your employer if they are not a part of the worker’s compensation system.

Just as an example, if you work for an office and slip and fall on a wet floor, you can normally obtain workers’ compensation for this. But if they haven’t obtained the required workers’ comp insurance, you may be able to file a personal injury lawsuit against them directly.

By doing the above, you can obtain compensation directly from your employer. This can, in many instances, let you obtain more compensation than workers’ compensation would normally be able to give.

Another situation that allows you to file a personal injury lawsuit against your employer in New Jersey is as follows: Your injury was intentionally caused by an employer and, most importantly, you can prove this.

A good example of the above is as follows: Your employer has been deliberately violating OSHA’s workplace safety regulations. And it was these violations that caused your injuries.

If a situation like the above has occurred, you may be able to file a personal injury lawsuit against your employer. Doing so can allow you to obtain compensation for the injury that your employer caused.

You may be able to file a personal injury claim against your employer if other factors are at play. But, if other factors are not, you may be forced to rely on workers’ compensation or, alternatively, a third-party lawsuit. If you’re unsure, it’s a good idea to speak with an attorney.

What Is a Third-Party Personal Injury Lawsuit?

A third-party personal injury lawsuit is a personal injury lawsuit filed against a third party considered liable for the injury you experienced at work.

Some of the situations that can allow you to file a personal injury lawsuit against a liable third party are as follows:

1. Your injury was caused by a defective product.
2. Your injury occurred when you were not on the job.
3. Your injury was due to the actions of a subcontractor.
4. Your injury occurred due to a faulty design.
5. Your injury was caused by a property hazard not related to your employer.

Here are some examples of the situations outlined above, in order:

1. You were wearing a pair of defective work boots and these work boots caused you to Slip and Fall.
2. You were driving somewhere for your boss and, while doing so, another driver crashed into your car.
3. A subcontractor on your job site left an electrical hazard exposed, and you were electrocuted because of their negligence.
4. You were working on a building, and a faulty design led to a steel beam that collapsed and fell on you.
5. You were walking through your office hallway and slipped on a wet floor after an office cleaning company didn’t leave a wet floor sign out.
6. Hazard Cause Trip and fall in a Construction Building.

All of these situations are complex, and suing outside of the workers’ comp system in NJ is difficult. That’s why people in your situation often reach out to a New Jersey personal injury attorney.

Can You Sue Your Employer for Your Injury in NJ? Call to Find Out

If you were injured at work, you may be able to file a personal injury lawsuit. But you need to understand the details of your case and New Jersey law.

That’s where Rosengard Law Group comes in. We’re here to help you get the full compensation you deserve.

To schedule a free consultation, contact us by calling 856-284-6446 or by using this contact form.