Why You Can’t Sue Your New Jersey Employer

What Does the Workers’ Compensation Law Say?

The Workers’ Compensation system of New Jersey is designed to offer you a remedy to an injury or accident at work. Every employer in the state must carry workers’ comp insurance to cover work-related injuries and accidents.

This no-fault insurance plan covers related medical bills, loss of wages, and offers temporary (and sometimes permanent) benefits. It ensures that you receive benefits no matter who was at fault when you were injured on the job. Because you are legally entitled to get coverage for your injuries and loss of income, you cannot file a lawsuit against your employer.

What Are the Exceptions To the Law?

When you file a claim for workers’ compensation, you cannot legally sue your employer for wages lost, physical and emotional damage, and other factors. There are, however, some exceptions:

• An OSHA violation: The Occupational Safety and Health Administration ensures that all workers have a safe and healthy workplace. If your employer violated the OSHA safety guidelines, you may be able to sue for additional benefits other than workers’ compensation.
• Intentional harm: If you believe your employer intentionally injured you on the job, you might be able to file a lawsuit.
• No or inadequate workers’ compensation insurance: Some employers have workers’ comp insurance, but it does not cover your injury costs and loss of wages. You might be able to file a lawsuit for inadequate insurance to cover your expenses.
• Sexual harassment: If your employer sexually harassed or harmed you, this can be cause for filing a lawsuit.

Can I File a Third-Party Lawsuit?

When you suffer a work-related injury and someone other than your employer is responsible, you might be able to file a lawsuit against the other party. For instance, if a defective trash compactor injures you, you could be entitled to compensation from the manufacturer.

How To File a Workers’ Compensation Claim

When you suffer an injury on the job, you should notify your employer as soon as possible. The following steps are essential:

• In an emergency, you should get medical help right away. In a non-emergency situation, you might need to get medical help in a pre-approved medical facility.
• Tell the doctor that you sustained the injury on the job, so they know this when they treat you. This information also lets the medical facility file your medical bills correctly.
• Officially report your injury to your employer. You have ninety days from the injury to report the accident. Keep a copy of the claim for yourself.
• Your employer should file the claim with their insurance. If they do not file within twenty-one days or have workers’ comp insurance, you need an experienced attorney right away.
• Once your claim is accepted, the insurance will begin paying your medical bills. If they dispute the claim, you will want the professional counsel of an experienced workers’ compensation attorney.
• Your legal counsel will be essential to the further steps you must take to obtain the compensation to which you are entitled.

Call Us for a Free Consultation

Now that you know why you can’t sue your employer, you can pursue getting the help you need through other channels. However, if you have followed all the correct steps and still experience difficulty getting your needs met under the law, you’ll want legal expertise that fights for your rights.

At Simon, Sarver, Swetz & Jachts, we know that you want the most reliable legal representation available in this challenging and unexpected time of your life. That is Simon, Sarver, Swetz & Jachts. With decades of experience fighting for the rights of employees who sustained an injury at work, we can assist you through this challenging time.

Contact us at (973) 834-7252 today to get a free consultation.