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What Damages Are Available in a New Jersey Worker’s Comp Lawsuit Stemming from a Truck?

Truck accidents are some of the most serious motor vehicle collisions and often result in accident victims suffering severe, life-altering injuries. Because of this, the damages awards in New Jersey truck accident lawsuits can be substantial. When a truck accident occurs while a person is on the job, however, it can complicate things. This is because the accident victim may be able to bring either a workers’ compensation claim, a personal injury case, or both. However, it is important accident victims are aware of the possible damages they could recover under either claim, as it may inform their decision about how to proceed with their case.

Workers’ Compensation Damages

The workers’ compensation system creates an efficient way for employees to obtain limited compensation following a workplace accident. Generally, once approved for workers’ compensation, an injured employee can receive benefits to help them recover the economic costs associated with their injury. Economic damages available through a New Jersey workers’ compensation claim stemming from a truck accident include:

  • Medical expenses
  • Costs associated with ongoing care
  • Lost wages, and
  • Funeral costs if the employee dies as a result of the accident.

Importantly, non-economic damages are not available through a workers’ compensation claim. This is part of the trade-off workers are forced to make in exchange for not needing to prove someone else was responsible for their injuries. However, in certain situations, workers injured in a truck accident can pursue a third-party personal injury lawsuit against a non-employer who was responsible for their injuries.

For example, if a truck driver was injured in an accident with another truck driver, the injured driver may be able to pursue a workers’ compensation claim against their employer as well as a third-party personal injury lawsuit against the negligent truck driver (and possibly their employer).

Damages in a Truck Accident Personal Injury Lawsuit

The most significant difference in the damages available in a workers’ comp claim and a personal injury claim is that a personal injury lawsuit allows accident victims to recover for their non-economic damages. Non-economic damages are those that are more difficult to assess because they often require some element of subjectivity. For example, common types of non-economic damages are compensation for an injured employee’s pain and suffering or their loss of consortium. Of course, these claims also allow accident victims to recover for their economic damages, making the average overall compensation awarded through a personal injury case greater than through a workers’ compensation claim.

Contact a New Jersey Workers’ Compensation Attorney Today

The law firm of Petrillo & Goldberg has assembled a compassionate team of advocates who have dedicated their careers to ensuring that New Jersey injury accident victims recover the compensation they deserve. The injury advocates at Petrillo & Goldberg deal with the insurance companies so accidents victims can focus on recovering, returning to work and moving forward with their life. To learn more, call 856-486-4343 to schedule a free consultation. You can also reach us through our online contact form.

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