Do I Need to Prove Fault? Our New Jersey Workers’ Compensation Attorneys Can Help You
The New Jersey workers’ compensation system is built on a compromise. The worker gives up the right to sue his or her employer. In exchange, the worker can recover medical or disability benefits without having to prove the employer’s fault. However, the worker does not give up the right to sue any third party who causes the injury or illness, and the worker’s family does not surrender the right to recover from the employer or any other responsible party.
New Jersey Workers’ Compensation: No Determination of Fault Needed
Under New Jersey workers’ compensation law, an employer must compensate an employee for any injury or illness that arises out of and in the course of their employment. This includes any pre-existing condition that may have worsened as a result of the worker’s job duties, such as a back condition that grew worse as a result of constant overexertion. The employer’s duty to pay those benefits derives from the work relationship itself. That means the employee doesn’t have to prove the employer was at fault for causing the injury or illness. Nor can benefits be denied if the employee’s actions somehow contributed to his injury or illness. With thousands of dollars in payments at stake, employers often contest whether an injury or illness is work-related. Employers may also question the extent of a worker’s disability and feud over which physician will provide medical treatment. That’s why you need an experienced New Jersey workers’ compensation attorney to help you fend off these challenges and collect the compensation you deserve.
At Davis, Saperstein & Salomon, P.C., our New Jersey lawyers know the intricacies of our state’s complex workers’ compensation laws. We also employ workplace safety experts and medical experts to develop cases for our workers’ compensation clients. We will fight tirelessly and aggressively to counter any employer’s attempts to deny a worker the compensation he or she deserves.
New Jersey Third –Party Liability Claims: Determination of Fault Required
A New Jersey worker may not be able to sue his or her employer. Still, the worker can bring a personal injury lawsuit against any third party who has caused an injury or illness. For instance, a truck driver struck by another car may recover workers’ comp benefits from his employer and sue the driver of the car who hit him. Although you must prove the third party was at fault, you may be able to recover damages that aren’t available to you in a workers’ comp claim, such as money for your pain and suffering. In addition to being skilled workers’ compensation lawyers, the New Jersey attorneys of Davis, Saperstein & Salomon, P.C. are also skilled personal injury lawyers who can help you with a personal injury lawsuit. Additionally, a New Jersey worker’s family can sue any party that has caused them direct harm, including an employer. For instance, if a worker develops an occupational disease, the worker’s children may work with a New Jersey lawyer to sue the employer for any birth defects that can be traced to that illness.
Contact Our New Jersey Workers Compensation Lawyers Today
If you have suffered an injury or illness on the job, contact a New Jersey workers’ compensation lawyer at Davis, Saperstein & Salomon, P.C. today. Our experienced, skilled and dedicated New Jersey workers’ compensation attorneys have secured compensation for thousands of injured and ill employees and their families throughout New Jersey. Call us toll-free at (800) LAW-2000 or use our online form for a free initial consultation, including home and hospital consultations. We can discuss whether you should pursue a workers’ compensation claim or a third-party personal injury lawsuit or both. We charge no fee unless there is a recovery for you and your family.
We have a record of securing more than $350 million in settlements and verdicts for our clients. Contact our New Jersey workers’ compensation lawyers today for a free initial consultation by calling us at (800) LAW-2000 or using our online form. We can review your case and discuss the options available to you and your family.
Home and Hospital Consultations Available - No Fee if No Recovery
Since 1981 the New Jersey workers’ compensation attorneys at Davis, Saperstein & Salomon, P.C. have helped New Jersey workers and their families recover compensation for job-related injuries and illnesses, including workers in Newark, Jersey City, Paterson, Elizabeth, Edison, Toms River, Trenton, Clifton, Camden, Brick Township, Woodbridge Township, Bergen Co., Middlesex Co., Somerset Co., Warren Co., Sussex Co., Monmouth Co., Mercer Co., Ocean Co., Hudson Co., Passaic Co., Essex Co., Union Co., Morris Co., Teaneck, Fort Lee, Paramus, Hackensack, Hoboken, Secaucus, Englewood, Mahwah, Bergenfield, Union City, North Bergen, Ridgewood, Bayonne, Ridgefield, Belleville, Alpine, New Milford and Atlantic City.
