Seasoned Workers’ Comp Lawyers Help Clients with Third Party Claims throughout New Jersey
In most circumstances, you cannot sue your employer or co-workers for injuries resulting from on-the-job accidents. Instead, you collect Workers’ Compensation benefits. However, you might be entitled to additional compensation if a “third party” contributed to your injury or illness. If you qualify for a third party claim, you may receive additional money from a lawsuit which could cover your medical bills, lost wages and your pain and suffering.
Rudnick, Addonizio, Pappa & Casazza, PC are your advocates when you’ve suffered workplace injuries. Our dedicated team of lawyers will effectively apply New Jersey law to your case, fight off uncooperative insurance companies, and maximize your compensation. Further, all legal costs will be paid to us out of your net settlement. There are no upfront or out of pocket costs to you. To schedule a free consultation about Workers’ Compensation and work-related lawsuits, contact our Hazlet or East Brunswick, NJ office today.
What is a Third Party Claim?
Normally a Workers’ Compensation case has only two parties, the injured worker and the employer. A third party Workers’ Compensation claim is one arising from a workplace injury caused by someone not involved in the employer-employee relationship.
Third-party accidents could be caused by:
- A defective machine
- Human error
- Poor building maintenance
- Motor vehicle crash
- Outdated safety equipment
Third parties who can potentially be sued include:
- Outside contractors
- Building maintenance companies
- Negligent drivers
If you’ve been injured by a third party while you were working, you can receive medical care and weekly temporary disability benefits and permanent disability benefits through your employer’s Workers’ Compensation insurance. The Workers’ Compensation insurance carrier might later bring suit against the third party to recover the cost of your benefits. This is the sort of thing that the lawyers will need to sort out.
You, as a private individual, can bring suit against the third party to be compensated for pain, suffering and expenses that might not have been covered by your employer’s insurance company. Remember, the lawyers at Rudnick, Addonizio, Pappa & Casazza PC, with more than 80 years of combined legal experience, have dedicated their practice to helping people get the settlements they deserve.
Savvy New Jersey Workers’ Comp Lawyers Answer Questions about Third Party Claims in Monmouth, Middlesex and Ocean Counties
The New Jersey injury attorneys at Rudnick, Addonizio, Pappa & Casazza offer some helpful answers to common Workers’ Compensation questions and concerns regarding third party claims.
If there is a third party claim, will my Workers’ Compensation be suspended or delayed until it is settled?
No. Workers’ Compensation laws require your employer’s insurance carrier to provide medical treatment and replacement pay (temporary disability) when you are injured in a workplace accident. A third party claim is a separate legal action you can bring against other individuals or companies responsible for your injuries.
What happens if I recover money from a third party as a result of my injury?
The New Jersey Workers’ Compensation law allows your employer’s insurance carrier to receive a credit for money you recover from a third party. This prevents you from receiving duplicate benefits for the same injury and disability.
The New Jersey Workers’ Compensation Law entitles the employer and/or their insurance carrier to receive a credit for amounts recovered from a third party causing a compensable work related injury (N.J.S.A. 34:15-40). This provision is intended to prevent the recovery of duplicate benefits for the same injury and disability.
What if a third party settlement is larger than my Workers’ Compensation benefits?
If you obtain a settlement from a third party or their insurance carrier that is larger than the total Workers’ Compensation for which you’re eligible, you must repay your employer out of that settlement for any Workers’ Compensation they have already paid on your behalf.
What if a third party settlement is smaller than my Workers’ Compensation benefits?
If you receive a settlement from a third party or their insurance carrier that is smaller than the total Workers’ Compensation for which you’re eligible, your employer will become responsible only for the amount of the difference. Your employer will be required to pay expenses and lawyers’ fees you incurred in obtaining the third party settlement.
How can a lawyer help me obtain a third party settlement?
Make no mistake about it – the third party, their insurance carrier and their lawyers will fight you every step of the way. You may find yourself having to complete interrogatories, written questionnaires that request further information to clarify the facts, or having to give sworn statements (depositions) which will be written down for later use in court. The smallest errors in your statements will be used against you by your opponents to their greatest advantage.
Contact an Experienced East Brunswick, New Jersey Workers’ Compensation Lawyer Today
Having a seasoned lawyer at your side ensures that your interests are safeguarded. The lawyers at Rudnick, Addonizio, Pappa & Casazza serve clients in Middlesex, Monmouth and Ocean Counties. We have years of experience handling third party cases and can help you get the settlement you deserve. Call a lawyer today at 888-657-8883 to schedule your free consult, or fill out a contact form online.
From our Hazlet and East Brunswick offices, we serve clients in and around Hazlet, Middletown, Keyport, Union Beach, Holmdel, Red Bank, Monroe, Rumson, Asbury Park, Highlands, Atlantic Highlands, Leonardo, Sea Bright and Monmouth Beach.