Petrillo & Goldberg
Excels for our clients
Talk to an Attorney
Get a Free Case Evaluation

In New Jersey, can I file a workers’ compensation claim and sue a third party in court for the same work-related accident?

Workers’ compensation is the exclusive remedy in New Jersey for a workplace or work-related injury. When an employee suffers a workplace or work-related injury, they must file a workers’ compensation claim to receive medical benefits and wage compensation.

However, some individuals are injured in the course of employment due to a wrongful act of a third-party. In such cases, the employee can bring a lawsuit against the third party for the same work-related accident for which they filed a workers’ compensation claim.

Under New Jersey law, the employer must be reimbursed for the payments made to the injured employee if the employee receives compensation from a third party for the same work-related accident.

The reimbursement to the employer is subrogation, which occurs when the liability for the work-related accident rests with a third-party. When a verdict or settlement is reached in the third-party lawsuit, the employer or its insurance carrier is owed reimbursement for any compensation awarded to the employee in the workers’ compensation claim.

Other Frequently Asked Questions:


I have dealt with other law firms, and there is no comparison. It is an honor to know you and I must say, that I have the highest regard for your integrity.

- Lance Zeaman



Meet our Attorneys

The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.

Scott M. Goldberg


Steven Petrillo


Scott D. Schulman


Jeff Thiel