Difference In Value In a Personal Injury versus a Workers’ Compensation Claim
- Dan T. Matrafajlo
- Fri Sep 2013
- Personal Injury,Workers Compensation,
If you are injured in a work-related accident, your New Jersey injury lawyer may advise you to file a personal injury claim, a workers’ compensation claim, or both. Because each of type claim entitles you to different benefits, the value of your claim or the monetary compensation you will be entitled to will differ for each claim you file.
Benefits in a New Jersey Workers’ Compensation Claims
If you are injured or become sick on the job, you may be entitled to three different types of benefits under New Jersey workers’ comp law. One type of benefit that you may claim is for your medical costs. Regardless of who is at fault, your employer or its insurance carrier must pay for all of your necessary medical treatment in relation to your workplace injury or illness.
Another type of benefit you may claim is temporary total disability benefits, which cover your lost income. You may be able to recover a maximum of 70 percent of your gross weekly wages until you are fully recovered and able to return to work.
The last type of benefit you may claim is permanent disability benefits. These benefits, which fall under two categories (permanent partial disability and permanent total disability) are generally available if your injury or illness prevents you from working again.
Your New Jersey injury lawyer will help you determine which type of benefits you are entitled to in your workers’ compensation claim.
Benefits in a New Jersey Third-Party Personal Injury Lawsuit
Although your employer is responsible for your work-related injuries and certain related costs under a workers’ comp claim, you generally cannot sue your employer. However, you are not barred from filing a personal injury claim against a third party who may be responsible or liable for your on-the-job accident or injury.
Unlike a workers’ compensation claim, your New Jersey injury lawyer will need to prove fault in a personal injury claim. However, this extra step entitles you to compensation not only for your medical costs and loss of wages, but also for pain and suffering and possibly punitive damages.
Moreover, your immediate family members may also be able to sue your employer for their own unique injuries, including loss of consortium and birth defects caused by a work-related injury or illness.
Call Us Today!
If you were injured during the course of employment, you may be entitled to compensation under both a New Jersey workers compensation claim and a third party personal injury claim. For more information, call New Jersey injury lawyer Dan Matrafajlo at 908-248-4404.
We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey courts that you need. He has been recognized locally for his legal ability, named a Super Lawyers Rising Star, and has even helped set legal precedent in personal injury law with cases such as Hardison v. King. Dan will fight for your legal rights!