What If I Get Money From a Third Party for My New Jersey Work Injury?
New Jersey’s workers’ compensation law is designed to prevent a worker from receiving payments multiple times for the same injury. For this reason, your employer or insurance carrier is allowed to receive credit for any money you recovered from a third party.
This could be applicable in your case if your injury wasn’t caused by your employer, a coworker, or yourself, but was due to the negligence or intentional act of another person or the failure of a product, in which case you could sue that person or the product’s manufacturer. This might be desirable if you have a serious injury because New Jersey workers’ compensation benefits are capped at a certain amount which may be too low for you to recover for the full value of your injury.
If the settlement you get from a third party is greater than or equal to the amount you would receive from your employer, your employer or your employer’s insurance carrier will get a credit for two-thirds of the amount they would otherwise have to pay, less $200.
If the third-party settlement is less than the amount of workers’ compensation, your employer will get credit for two-thirds of the settlement amount, less $200.
If you have sustained a workplace injury in New Jersey and you are having trouble getting the benefits you deserve, an experienced New Jersey workers’ compensation lawyer may be able to help. Call Dan T. Matrafajlo at (908) 248-4404 for a free evaluation of your case.