The workers’ compensation system is designed to offer a quick way for employees to obtain the compensation they need after 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 are those that are easily determined, based on the actual costs to the employee. This includes:

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

Notably, injured employees who successfully file a workers’ compensation claim are not eligible for 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. Non-economic damages are generally unavailable in a workers’ compensation claim.

That said, there are situations in which an injured employee can pursue a claim for both economic and non-economic damages. However, this would be through a personal injury lawsuit rather than a workers’ compensation claim. There are restrictions on when an employee can bring a personal injury claim against their employer. As a general rule, these claims are prohibited, because a workers’ compensation claim is an injured employee’s sole remedy against their employer unless certain conditions are met. For example, if an employee’s injury is the result of an employer’s “intentional wrong,” then an employee can pursue a personal injury claim against their employer. Additionally, workers who are hurt on the job can pursue a third-party personal injury claim against any party who is not their employer.

The decision of what type of claim to bring after a workplace injury is not always an easy one. Injured workers who hope to maximize the amount of compensation they receive for their injuries should reach out to a dedicated new Jersey workers’ compensation attorney.

Contact a New Jersey Workers’ Comp Attorney Today

The law firm of Petrillo & Goldberg has assembled a compassionate team of advocates who have dedicated their career 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 employees can focus on recovering, returning to work and moving forward with their life. To learn more, call 856-249-9288 to schedule a free consultation.