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What Is The Workers’ Compensation Subrogation in New Jersey?

Workers’ compensation claims arise when an employee suffers a work-related injury or illness. Workers may have accidents such as slips, falls, exposure to harmful substances, overexertion, and motor vehicle accidents. Employees must notify and file a claim with their employers of the incident to receive compensation for job-related injuries or illnesses. Workers’ compensation is no-fault insurance that employers must carry to cover their employees in case of work-related accidents. If the employer or employer’s workers’ compensation insurance provider approves the claim, the injured worker may receive wage compensation, medical care, and, in some cases, weekly payment for temporary or permanent disability.

Because workers’ compensation is no-fault, the employee may recover benefits for an employment-related accident even if he or she contributed to the incident. However, some work-related and workplace accidents may have occurred due to the fault of a third party. An employee may be the victim of a motor vehicle accident that arises out of and in the course of employment; therefore, the accident is work-related, and the employee may file a workers’ compensation claim. The employee can also file a civil lawsuit against the at-fault driver for the car accident. During the case against the third party, the employee may receive compensation from the workers’ compensation claim. When the worker settles or wins the lawsuit, he gets a monetary award from the third party. New Jersey law, however, does not allow the injured employee to receive double recovery for the same accident. Double recovery occurs when a plaintiff or claimant collects total compensation for the same accident and damages from more once. The New Jersey workers’ compensation laws prevent double recovery by reimbursing the employer’s insurance for payments made to workers when the injured worker’s award from the third party is equal to or greater than the payments.

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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.

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