Can I Sue My Employer After My Workplace Accident?

You may have gotten injured at work due to circumstances beyond your reasonable control. In fact, your initial instinct may be to blame your employer. This is if you believe they failed to maintain a safe working environment for you and your fellow employees in the first place. If so, you may be tempted to take legal action against them. Well, please continue reading to learn whether you hold the right to sue your employer after your workplace accident and how an experienced Passaic County workers’ compensation lawyer at the Law Offices of August R. Soltis can teach you how to go about your recovery.

Can I sue my employer after getting injured in a workplace accident?

Of note, the workers’ compensation insurance program is in place for workplace accidents just like yours. With that in mind, you must understand that workers’ compensation operates on a no-fault system. This means that when you file a claim, you are not suing your employer but rather filing with the company’s insurance provider. In turn, your employer will not pay out-of-pocket for your medical bills and part of your lost wages, but rather, this is covered by the insurance company.

And since this is a no-fault system, this also means that you may file this insurance claim even if you mildly contributed to your workplace accident event. Hopefully, this remedy benefits all involved parties, especially you.

What are the exceptions that give me grounds to sue my employer?

In your heart of hearts, you may believe that your employer intentionally caused your injury. Or, at the very least, definitely knew about the hazardous workplace condition that ultimately triggered your accident, but deliberately ignored it for days, weeks, or even months beforehand. This may be one of the only exceptions to the general rule that the workers’ compensation insurance program is the exclusive remedy for workplace accidents.

So, if you choose to sue your employer over this, you may cite their egregious negligence. This is essentially you saying that your employer’s actions were so reckless and outrageous that they deserve to be held accountable for your incurred injuries and subsequent economic and non-economic damages.

On a related note, you may also have a window of opportunity to sue your employer if they fail to carry a mandatory workers’ compensation insurance program. Of note, New Jersey law requires all employers, regardless of whether they are a sole proprietorship,  partnership, or LLC, to provide workers’ compensation coverage for their employees, regardless of whether they are full-time, part-time, or seasonal. The only exception to this, though, is if you are considered an independent contractor.

In addition, to be eligible, you must ensure that your injury was incurred during the course of your employment. This is whether it occurred on the job site or while performing a job-related task. At the same time, your injury must not have arisen due to your own sheer negligence through horseplay, intoxication, intentional self-harm, etc.

If you are still unsure what action to take, please seek guidance and counsel from a skilled Passaic County workers’ compensation lawyer from the Law Offices of August R. Soltis. Without a doubt, we will be happy to help you.