If you got hurt at work, you probably filed a workers' compensation claim or at least thought about it. Workers' comp covers your medical treatment and part of your lost wages. What many people don't realize is that workers' comp and personal injury are two different systems, and you might be entitled to both.
Workers' Compensation Basics
Workers' comp is a no fault system. You don't have to prove your employer was negligent. If you got hurt while performing your job duties, you're generally covered. In exchange, you give up the right to sue your employer for negligence in most circumstances. The New Jersey Department of Labor oversees the workers' comp system and publishes detailed information about benefits and the claim process.
Benefits include medical treatment, temporary disability payments (about 70% of your average weekly wage), and permanent disability awards if you're left with lasting impairment. What workers' comp does not cover is pain and suffering. There's no compensation for the emotional toll or loss of enjoyment of life. See what damages you can recover in a personal injury claim for comparison.
When a Personal Injury Claim Applies
If a third party caused your workplace injury, you can file a personal injury claim against that third party in addition to workers' comp. Common examples: a delivery driver gets hit by another car, a construction worker is injured by a defective tool from an outside manufacturer, or a warehouse employee is hurt when a visiting contractor's equipment malfunctions.
How the Two Claims Interact
There's a catch. If you receive money from both claims, your employer's workers' comp insurer has a lien against part of the personal injury recovery. They'll want to be reimbursed for benefits they paid. Negotiating that lien down is part of what a good attorney does, because the full lien amount is often negotiable. Choosing the right lawyer for this dual claim situation matters.