Knowledgeable Work Injury Lawyers Help Injured Employees Understand Their Rights Following Workplace Accidents Throughout New Jersey
Suffering a debilitating injury at work can seem like a complex and difficult event to face. Not only will you need to undergo medical treatment and potentially miss time from work, but now you also have to figure out your legal rights and options for seeking benefits and compensation to help you pay for your medical and living expenses while you recover. Workers injured on the job often have many questions about their legal rights and options, including how to know if you have a work injury lawsuit to begin with. An experienced work injury lawyer can walk you through your right and options and also represent you during the process of pursuing a work injury lawsuit or claim.
At Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC, our attorneys have been helping injury victims pursue the financial compensation they need and deserve for more than 35 years. We believe that injured workers deserve financial compensation and resources to help them cover their medical recovery and living expenses until their injuries heal and they can get back to work. Our dedicated work injury lawyers will take the time to review your case and help you understand your rights for pursuing a work injury lawsuit or claim.
Get Free Advice From An Experienced Workers Compensation Injury Lawyer. All You Have To Do Is Call 866-845-5571 or Fill Out Our Free Case Evaluation Form.
Following a work injury, you may need to act quickly to secure your rights and options for seeking financial compensation and benefits you may be entitled to. Contact our firm today for a free case review to learn whether you may have a viable work injury lawsuit and what compensation you may be eligible to recover.
What Are Your Rights in Filing a Work Injury Lawsuit?
If you’ve suffered an injury on the job, you have the right to file a workers’ compensation claim with your employer, as you may be entitled to workers’ comp benefits. Typically, a workers’ compensation claim is the only legal claim that you may bring against your employer for a work injury. The workers’ compensation system, in exchange for guaranteeing certain defined benefits to employees for all work injuries, regardless of who may have been at fault for the injury, prevents employees from bringing a personal injury lawsuit against their employer for a work injury. You can only get around this employer immunity in very limited circumstances, such as:
Your employer intentionally caused your injury; for example, your employer intentionally withheld safety equipment as punishment or retaliation
Your employer acts recklessly or with gross negligence in causing your injury, such as determining that it would be more cost effective to place employees at risk of injury rather than spend money to make repairs or safety improvements in the workplace
Your employer manufactured a defective product that caused your injury, which might allow you to bring a product liability lawsuit
You are properly classified as an independent contractor — workers’ compensation is only available to employees, and independent contractors retain the right to pursue personal injury claims against companies that hire them
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When filing a workers’ comp claim or other work injury lawsuit, you have the right to remain free from retaliation by your employer. This means that your employer cannot terminate your employment, demote you, deny you a promotion, reduce your pay, or assign you to less desirable tasks. However, your employer can change the conditions of your employment, such as reassigning you, putting you on part-time or light-duty, or even terminating your employment, if your work injury causes you to be unable to perform the essential functions of your job (including with reasonable accommodations).
What to Do If You Think You May Have a Work Injury Lawsuit
If you think you may have suffered a work injury, you should take steps to help protect your rights for pursuing a claim for compensation or benefits, including:
Reporting your injury to your employer as soon as possible. If you wait too long, you can become ineligible to pursue a claim
Determine your eligibility for workers’ compensation. If you are eligible for workers’ comp, you only need to show that your injury occurred in the course and scope of your employment and do not need to prove fault for the accident and your injuries.
Seek medical attention. You should see a doctor as soon as possible after a work injury. If you wish to pursue workers’ compensation, your employer has the right to select your doctor or require you to choose a doctor from an approved list. A full medical exam will help establish what injuries you may have suffered and create a record that ties those injuries to your work
Document your injuries. Try to keep notes about how your work injury occurred, so that you can later describe the incident if you need to bring a legal claim. If possible, take photos of the scene where your injuries occurred. You should also keep notes about how your injuries and your medical recovery affect your daily life, since that can be important evidence to demonstrating your disability
Contact Us For a Free Case Evaluation to Learn More about How to Know If You Have a Work Injury Lawsuit
You may not be familiar with your legal rights and options after a work injury, or how to know if you have a work injury lawsuit to begin with. But this may be especially true if you’ve never been injured on the job before. Let our work injury lawyers help you understand your rights and empower you to seek the compensation and benefits you may deserve. Contact Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC today for a free, no-obligation initial consultation.
Frequently Asked Questions About How to Know If You Have a Work Injury Lawsuit
FAQ: Do I have a work injury claim if I was injured outside my normal place of work?
Potentially. You may have a work injury claim even if your injury took place outside the building or premises where you normally work out outside of property owned or controlled by your employer. So long as your injury occurs in the course and scope of your employment, it is considered a work injury. For example, if you were driving from your place of work to a client meeting and are hit by another negligent driver, that accident may be deemed a work injury.
FAQ: How long do I have to file a work injury lawsuit?
If you are able to bring a lawsuit following a work injury, the statute of limitations in New Jersey generally requires you to file your lawsuit within two years of the date of your injury. Filing a suit after two years have passed since your injury could lead to your claim being deemed untimely and dismissed by the court.
