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Alternatives to workers’ compensation

A workplace injury can be very devastating for a New Jersey worker. In this economy many workers are unable to go without a paycheck and a workplace injury can result in cascading financial problems that are difficult for a family to surmount. Although New Jersey workers’ compensation benefits are available to those who suffer from workplace injuries, workers’ compensation is often not the only form of compensation available for injured workers.

In the case of a manufacturing or construction site accident, there are often other forms of compensation available to an employee through third-party claims. A third-party claim is a type of personal injury claim made against a party that may be indirectly responsible for the injury of a worker. For example, if a worker is injured by a machine, a third-party claim may be brought against the manufacturer of the machine if the injury that the worker suffered is attributable to some defect in the design of the machine.

It is important to find an attorney that knows and can work with the complex interplay of personal injury and workers’ compensation law. An experienced New Jersey personal injury attorney will handle both types of claims and effectively get a worker the compensation that he or she deserves for the workplace injuries that he or she has suffered.

In our next post we will discuss the case of a worker who was seriously injured in a manufacturing plant after a PVC pipe exploded. It is unclear whether this worker will rely solely on workers’ compensation or file a third party claim, but the characteristics of this case are similar to other accidents which have provided the basis for third-party claims.

Source: OSHA, “US Department of Labor’s OSHA cites Florida manufacturer for willful and serious safety violations, proposes nearly $110,000 in fines,” Region 4 News Release: 11-1729-ATL, Dec. 27, 2011

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