How Much Can You Get for Suing Your Employer for Injury?
Despite improvements in workplace safety standards, job-related injuries are still common. In a recent year, about 91,000 New Jersey workers suffered injuries on the job. While workers’ compensation benefits are your first recourse as an injured worker, you may be able to file a personal injury claim to recover money for your losses, depending on the circumstances.
How much can you get for suing your employer? It all depends on the specific elements of your case. An experienced attorney can review your case and offer insight on what to expect when you sue your employer. Our team of 25+ licensed New York and New Jersey attorneys has a record of success representing injured workers, and we’re ready to put our 40 years of experience to work for you.
Our Experience Helping Injured Workers File Suit Against Their Employers
If you’ve suffered a workplace injury and are curious if you can sue your employer, you’ve come to the right place. Our on-the-job accident attorneys can investigate your claim and identify all potentially liable parties, including your employer.
Our firm has recovered more than $1 billion in verdicts and settlements, and we’re proud to report that 98 percent of our clients recover money for their injuries and losses. Here are some of the cases where we’ve successfully helped injured workers sue their employers:
- A just returned a $1.3 million verdict for a man who suffered severe injuries in a workplace explosion in Carlstadt, New Jersey, in a lawsuit filed against his employer. He was comatose for three weeks and suffered head injuries that led to personality changes and memory loss. We retained an engineering expert who argued that the workplace’s pressure vessel was seriously degraded and that if the employer had repaired or replaced the vessel, it could have prevented the explosion.
- We obtained a $850,000 settlement for a construction worker who fell on loose debris in Jersey City, New Jersey. We filed suit against his employer, the property owner, and the general contractor, arguing that all three parties failed to provide a hazard-free work environment. Our expert witness found that those three parties were negligent in their failure to remove loose cinder blocks, violating OSHA regulations.
We’ve helped more than 35,000 people in New York and New Jersey, and we’re ready to put our years of experience to work for you. Contact us today to schedule a free consultation, either in person or virtually via FaceTime or Zoom. We are happy to provide translation services if English is not your preferred language. There’s no charge to meet with us, and we only get paid if we win money for you.
Can I Sue My Employer for a Workplace Injury?
Under New Jersey law, you normally aren’t allowed to sue your employer for a work-related injury and must instead file a workers’ compensation claim.
However, there are exceptions, such as in cases of intentional harm, toxic substance exposure, product liability, and retaliation. If you believe these or any other exceptions apply in your case, you should speak with a personal injury attorney about filing a lawsuit.
Even in more typical workers’ compensation cases, you may have questions about what workers’ comp covers and how much you can recover for your medical expenses and lost wages. An experienced workers’ compensation attorney will help you understand your options and can assist you in seeking the money you deserve.
What if I’m Already Collecting Workers’ Comp?
Is it worth suing your employer if you’re already collecting compensation through New Jersey’s workers’ comp program? In most cases, this isn’t an option—if you’re eligible for workers’ comp and receiving compensation, you generally can’t sue your employer, too.
A critical distinction between workers’ comp and filing a lawsuit is that because New Jersey is a no-fault state for workers’ comp, you don’t have to prove that someone was at fault for the accident to collect workers’ compensation. In fact, you could be responsible for your injury and still benefit from the workers’ comp program. However, in a personal injury lawsuit, you must prove your employer was at fault.
Workers’ compensation may not fully cover your injuries beyond medical expenses and lost wages, though. If you believe you may deserve more because your employer’s negligence directly caused your injury, you should discuss filing a lawsuit against your employer with your attorney.
When Can You Sue Your Employer for a Work-Related Injury in New Jersey?
New Jersey’s workers’ comp system does include a few exceptions in which suing a workplace is an option, including:
- Uninsured Employer — If your employer doesn’t carry workers’ compensation insurance, you may file a personal injury lawsuit against them. Alternatively, if you don’t have grounds to file a personal injury suit, you may be able to access medical benefits through the New Jersey Uninsured Employers Fund.
- Intentional Harm — You may be able to sue your employer if they intentionally caused your injury, such as through a deliberate OSHA violation, removal of safety protections, or forced use of damaged or faulty equipment. This is a difficult standard to meet, but a knowledgeable attorney may be able to prove negligence this way.
- Toxic Substances Exposure — Some jobs require handling hazardous materials or toxic substances. You may be able to file a personal injury suit if your employer failed to adequately protect you against the risks associated with regular, frequent, and sustained exposure.
- Product Liability — If you suffered a workplace injury due to a defective product, you may be entitled to compensation from your employer if they knowingly used a problematic product and neglected to repair or replace it. You could also have a claim against the defective product manufacturer.
- Retaliation — Suing your former employer is an option if they fired you for filing a workers’ compensation claim. This is illegal, and if you believe you were fired in retaliation for seeking workers’ comp, you should discuss the matter with your attorney.
Filing a lawsuit against an employer is a decision you shouldn’t enter into lightly. An experienced personal injury attorney can review your case and inform you of your legal options.
How Much Does It Cost to Sue a Company?
Suing an employer may come with various costs, including those associated with litigation, court fees, and more, and many factors can impact your total cost.
However, many workers’ compensation and personal injury attorneys (including us) will represent you on a contingency basis. This means they won’t charge you unless they win your case in court or by negotiating a settlement. Often, your costs will be taken out of the amount of your settlement or award. It’s important to discuss payment with your attorney during your initial consultation.
You should also consider the cost of your time. Being involved in a lawsuit will require your presence during the preparation phase as well as during the trial. If you have any concerns about your ability to devote time to your case, discuss them with your attorney.
What Damages Are Included in an Injury Settlement with My Employer?
A workers’ compensation claim will only compensate for medical expenses and a portion of your lost wages. In circumstances where the injury is severe, workers’ comp may include future medical costs and future income. Workers’ comp doesn’t compensate you for pain and suffering or other intangible losses.
This is where a personal injury lawsuit can make a difference. New Jersey personal injury law allows injured workers to sue for their total lost wages, plus the pain and suffering associated with their injury. This includes physical, emotional, and psychological pain, and the amount you might be able to recover depends on the extent of your injuries. You could also recover loss of consortium, which compensates for the harm your injury has caused in your relationship with your partner.
Contact the Personal Injury Lawyers at Davis, Saperstein & Salomon, P.C. for Help
When filing a lawsuit against an employer, you need an attorney with the experience and resources to fight for the justice and compensation you deserve.
Davis, Saperstein & Salomon, P.C. has over 40 years of experience winning workers’ comp and personal injury cases for New Jersey and New York clients. We’ve secured over $1 billion in verdicts and settlements, and we can support you by making the legal process as accessible as possible. We’ll meet you in person or on video, and we have Spanish-speaking attorneys as well as translators for many other languages.
Contact us today to arrange a free initial consultation. We look forward to learning about your case and fighting for full and fair compensation for your injuries.
