Work Injury Lawyer in Newark

If you have sustained injuries while at work, a Newark workplace injury lawyer can investigate options for relief. Generally, when New Jersey employees get injured at work, they file a claim through their employer’s workers’ compensation insurance. Workers’ comp will cover medical bills, a portion of lost wages, and death benefits in the event of a fatal accident.

However, workers’ compensation benefits might not be the only option for recovering money after an injury. Why would you need another option? Workers’ compensation only covers specific losses and does not pay for pain and suffering. Some workers, such as independent contractors, are also exempt from worker’s compensation protections.

In these cases, Brach Eichler Injury Lawyers can help. Depending on the circumstances, our Newark personal injury lawyers can file a personal injury lawsuit against entities aside from your employer who were responsible for your workplace injury. We are fierce in our advocacy for all our clients, and we know New Jersey’s law and Newark’s local courts. We’ll use our knowledge to your benefit.

Contact us online or call (973) 364-8300 today to speak to a workplace injury lawyer in Newark.

Common Causes of Workplace Injuries in Newark

Some of the most common causes of workplace injuries in Newark include:

• Overexertion
• Falling injuries
• Impacts with falling objects
• Impacts with fixed objects
• Vehicle accidents
• Dangerous machinery
• Repetitive motion
• Safety violations
• Toxic exposure
• Intentional violence

Workers in heavy industries like manufacturing are most at risk of workplace harm. However, employees in virtually any position can sustain a debilitating injury.

Injuries From Workplace Accidents in Newark

Workplace injuries can range from minor to severe, but even minor injuries can have far-reaching consequences. Some of the most common types of injuries in the workplace in Newark include:

• Muscle strains and tears
• Joint damage
• Bruises and soft-tissue injury
• Cuts and lacerations
• Concussions and TBIs
• Fractures and broken bones
• Burns and chemical exposure
• Spinal cord injuries
• Paralysis
• Back injuries
• Organ damage
• Amputations

Workplace Accidents and New Jersey’s Exclusivity Rule

Generally, when you sustain an injury due to another’s negligence, you file a liability claim against them or their insurer. The case is different with your employer. New Jersey requires all businesses with employees to carry worker’s compensation insurance. Workers’ compensation is no-fault insurance that covers employee injuries, regardless of who is at fault. This no-fault arrangement makes it easier for workers to recover money for their injuries promptly without having to debate who caused the harm.

However, New Jersey workers’ compensation laws have what’s called an exclusivity rule. According to NJRS 34:15-8, workers’ compensation is the exclusive remedy for workplace injuries. This rule means that employees generally cannot make negligence-based claims against their employers. In other words, you cannot sue your employer for negligence and must use workers’ compensation benefits instead.

Exceptions to the Exclusivity Rule: Intentional Harm

New Jersey has one crucial exception to this exclusivity rule protecting employers: intentional harm. If your employer caused you intentional harm, you can step outside the state’s worker’s compensation program to recover money. If guilty of intentional harm, your employer can be subject to liability for all your accident-related losses, including pain and suffering.

However, the bar for proving intentional wrongdoing on the part of an employer is high. The NJ Supreme Court in Laidlow v. Hariton Machinery Co., 170 NJ 602, (2002) established a two-aspect approach for determining intentional wrongdoing in workplace injury cases:

• The employer knew that substantial injury was likely to occur and
• The circumstances surrounding the injury were far outside of the normal expectations of the job

These two provisions are notoriously difficult to satisfy, but there are some examples of successful litigation against employers for intentional harm. If your employer took deliberate actions that resulted in your substantial harm, Brach Eichler Injury Lawyers can investigate the potential for a lawsuit against your employer.

Independent Contractors

Independent contractors in New Jersey are typically not entitled to workers’ compensation benefits.  This means that independent contractors are able to file personal injury claims against the party that harmed them. So one way to recover compensation for a work injury as an independent contractor is through a personal injury lawsuit.

Notably, New Jersey has broad standards for what counts as an employee. Even if your employer calls you an independent contractor, you still might legally be an employee, in which case, you would be entitled to workers’ compensation benefits. Determining whether a worker is entitled to workers’ compensation benefits is a large aspect of many work injury cases.

Third-Party Liability Lawsuits for Workplace Injuries

New Jersey’s exclusivity rule protects employers from lawsuits filed by their employees for workplace injuries. However, it does not protect contractors, subcontractors, and manufacturers from liability. NJRS 34:15-40 states that if your work injury was caused by a third party, you could file a personal injury claim against them for compensation.

A common third-party lawsuit involves injuries caused by defective industrial equipment. For instance, imagine an industrial mixer that breaks and severs an employee’s arm. In this instance, the employee could file a product liability claim against the equipment manufacturer.

Another example would be injuries caused by contracting crews. Suppose your employer hires contractors to make repairs on the premises. They leave some of the materials around, and you slip, fall, and injure yourself on them. You could file a personal injury lawsuit against them to cover the losses workers’ comp doesn’t pay.

Workers’ Compensation Benefits

When you’re injured at work, the workers’ comp benefits you’re entitled to include:

• Reasonable and necessary medical expenses
• Temporary total disability benefits of 70% of your pre-injury average weekly wage when your injury keeps you off work
• Permanent partial disability benefits which compensate you for permanent harm to your body
• Permanent total disability benefits of 70% of your pre-injury average weekly wage if you can never return to gainful employment
• Death benefits of 70% of the weekly wage and $3,500 in funeral expenses

What Kind of Compensation Can I Recover From a  Workplace Injury Lawsuit?

A personal injury claim for a workplace injury could compensate you for:

• Emergency medical bills and continuing medical expenses
• Lost work income, including hourly pay/salary, bonuses, tips, commissions, etc.
• Diminished earning capacity due to permanent disability
• Pain and suffering
• Loss of convenience and life enjoyment
• Emotional anguish

One benefit of filing a claim outside of the workers’ compensation system is you can recover compensation for a wider range of losses. If you file both types of cases, there will be an offset. The aim is not to give the injured person a windfall, so any compensation from a third-party case would be reduced by the amount of workers’ compensation benefits paid.

Why Choose Brach Eichler Injury Lawyers for Your Workplace Injury Claim

New Jersey’s employer liability laws are complex and full of conditions, limitations, and exemptions. Injury victims need an attorney experienced in these rules. Brach Eichler Injury Lawyers has decades of collective experience working injury cases in Newark. We have recovered over $500 million for our clients across a wide range of cases. Our strategy is to demand the maximum amount of compensation, and we won’t compromise just to reach a quick settlement. We will undertake a thorough investigation to assess all of your losses and calculate an appropriate value for your claim.

Most importantly, we have the empathy and compassion necessary to see your case through. We are passionate about the pursuit of justice and will not rest until we have exhausted every path to a satisfactory resolution. When it’s your money on the line, you need an attorney who will not compromise.

Newark Work Injury FAQs

Below are some of the most common questions we receive about workplace injury claims and lawsuits.

How Can a Workplace Injury Lawyer in Newark Help Me If My Employer Refuses to Acknowledge My Injury?

An attorney can help by contacting the state’s Division of Workers’ Compensation. The DWC is empowered to enforce state workers’ compensation laws and can impose penalties for noncompliance.

What Should I Do If I’m Unable to Return to Work After a Workplace Injury in Newark?

If you cannot return to work after an injury in Newark, you need to notify your employer as soon as possible. You also need to see a doctor to get a formal diagnosis. Whether you plan to file a workers’ compensation claim or personal injury lawsuit, you will need documentation of your injuries. Next, contact a workplace injury attorney in Newark. They can initiate the next steps in the claim process and represent you in negotiations.

Can I Sue My Employer for a Work-Related Injury in Newark If Their Negligence Caused the Accident?

Generally, no, employees cannot sue their employers, even for negligence-caused injuries. The only time an employee can directly sue their employer is in cases of intentional harm.

Contact a Work Injury Lawyer in Newark Today

New Jersey’s workers’ compensation laws provide a no-fault means to protect injured employees when they’ve been hurt on the job, but if a third party contributed to your injuries, you may have other ways to get the money you deserve. The attorneys at Brach Eichler Injury Lawyers can help you explore options for recovering compensation after a workplace injury.

Contact our offices online or call us at (973) 364-8300. We are available 24/7, so we can schedule a free consultation with a Newark personal injury lawyer whenever is convenient for you.