Your Rights When You Have Suffered Injury in a Workplace Fall Caused by Someone Else’s Negligence
Falls from a height are the most common cause of injury and death in the American workplace. Such falls may be from the upper level of a construction project, a poorly constructed or maintained scaffold, a roof without appropriate safety barriers, or even a ladder in a warehouse. When you’re hurt unnecessarily because a company or supervisor failed to take appropriate safety measures, you may have options for seeking compensation for your losses.
A Workers’ Compensation Claim
Under New Jersey law, all employers must either have a valid policy of workers’ compensation insurance or be approved for self-insurance (where the employer pays workers’ comp benefits directly to an injured worker). To qualify for workers’ compensation benefits in New Jersey, you must show two things: that you were injured and that the injury occurred during the course of your employment. Though it sounds pretty straightforward, it’s not uncommon for workers with legitimate claims to initially be denied benefits. This can happen when employers allege the worker had a prior existing condition or claim the injury was sustained away from work or that the injury doesn’t prevent the employee from doing their job. For these reasons, it’s critical to have an experienced and aggressive workers’ compensation attorney to protect your rights.
A Civil Lawsuit
New Jersey workers’ compensation law covers injuries caused by the negligence of an employer or coworker. If your losses are caused, in part or in whole, by an unrelated third party, you’re not limited to the benefits available through a workers’ compensation claim. You also can file a personal injury lawsuit to recover damages. The litigation process can take months or years, and there’s no guarantee of any recovery whatsoever, but your claim isn’t limited to the compensation set forth under New Jersey’s workers’ comp laws. In fact, you can file a workers’ compensation claim and a civil lawsuit at the same time. You just can’t recover in both proceedings for the same losses.
Contact Howard D. Popper, P.C.
For a free initial consultation to discuss your options after a fall from a height at work, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, and videoconference.
We handle all wrongful death claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.