Workers Comp Lawyer New Jersey – When Can You Sue Your Employer

by | Oct 4, 2012 | Employment Law

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Workers are protected by worker’s compensation laws. However, employers also have their protection well set in place. In a lot of cases, employers are able to prove that they are not liable to pay compensation to injured employees. This does not mean that employees are cheated out of compensation when they really deserve it, although they will need a workers comp lawyer in New Jersey to file a case and receive reimbursement for the loss. Understanding the statutes that govern workers comp is extremely important and a lawyer can definitely help you with it.

Given here are certain situations when employees are very much eligible for compensation and can sue employers if benefits are not provided.

1. Intentional hurt: – If an employee can prove that injuries caused to him were a result of harmful intent from the employer, compensation is definitely in line for him. A lawsuit is a good decision when the employee expects foul play and if proved, the comp that he receives is also significant. However, lack of concern for employees or not creating a good working environment are not reasons which count under harmful intent, even if the injury is caused due to this callous attitude.

2. Material liability: – If an employee is injured due to use of faulty equipment, he can confidently sue his employer. Different aspects such as improper training, lack of safety precautions and failure to repair the machine even after being aware of its defectiveness are effective reasons to sue.
3. Third party fault: –  Employer is liable to pay if a worker is injured due to the actions of a third party, as long as the accident occurs on his business premises. Injuries might also be caused due to third party equipment or manpower. In these cases, employees can sue the third party as well and receive double comp. Workers comp lawyer in New Jersey can guide you in such cases

4. Injured outside business premises: – If an employee is injured on a third party premises while on business duty, the employer needs to compensate. This applies in two cases – injuries caused due to third party negligence and injuries caused due to employee negligence. While working in a place where a number of employers operate, a construction site for example, workers who are injured should be compensated by their respective employer

Workers compensation insurance is mandatory in almost all states of America including New Jersey. Employers need to buy this insurance and cover their employees. However, in some states, employers can choose not to buy this insurance and employees can choose not be covered by it. So, how does this help employees? This gives employees the option to pursue a claim in court for guaranteed benefits, as stipulated under workers comp system. However, in most of the state, opting out of insurance is not an option.

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