Injured on the job? Although worker’s compensation can usually take care of medical bills, lost wages and claims for permanency, there is no way to recover against your employer for pain and suffering or loss of enjoyment of life pursuant to the workers compensation act. The trade off is you can recover regardless of whether or not the injury was due to anyone’s negligence, even if it was your fault. The injury on the job is all you need to prove.

There can, however, be a claim for the pain, suffering and loss of enjoyment of life against another party; i.e. a “third party claim” if the person causing your injuries is not employed by your employer. This “third party” can be anyone who causes your injury and is not employed by your employer. We have brought such claims against manufacturers of defective products, employees of other employers who may be working on the same job with you, or anyone other than a member of your company that has caused your injuries due to their negligence.

Sometimes, a third party claim can even be as remote as against the attorney who handled your Worker’s Comp claim and failed to file a third party claim on your behalf. Our office recovered a recovery in excess of $950,000.00 for a claim against another lawyer who failed to recognize the existence of the third party claim.

As stated above the general rule is that your employer or a co-employee cannot be held liable for injuries, aside from the benefits provided under the Workers Compensation Act (lost wages, medical expenses and a limited permanency award). There are some rare occasions that an employer can be sued for your injuries on the job. In 2002 the New Jersey Supreme Court decided the case of Laidlow v. Hariton Machinery Co., Inc., 170 N.J. 602 (2002) and the Court carved out a well reasoned exception to this general rule. The Supreme Court described the circumstances under which a co-employee or your employer can be held responsible for your injuries for damages in addition to his statutory responsibility under the Workers Compensation Act.

If the employer’s conduct can be considered intentional or reckless, that is, the employer must know that his actions are substantially certain to result in injury or death to the employee, then the employer can be held liable for damages beyond his responsibility for providing Worker’s Compensation benefits. This can mean tens or even hundreds of thousands of dollars in additional recoveries to you and your family for legitimate claims for pain, suffering, and the loss of enjoyment of life. Bottom line: if you are injured on the job, consult with a knowledgeable personal injury attorney before settling for what your employee or workers’ comp attorney offers. Our office offers skilled attorneys in the worker’s compensation law who work closely with our personal injury lawyers. Every worker’s compensation case that comes through our office is reviewed for third party actions.

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