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Can I Sue My Employer and File for Workers’ Compensation in New Jersey?

Dec. 15, 2014

When you sustain an injury on the job, you may find that it is difficult to carry out your job duties and even everyday tasks that were not a problem for you before. Serious injuries may even require surgery or long-term physical therapy, turning your world upside down. Your first step after a work injury is to discuss filing a New Jersey workers’ compensation claim with your employer. Your employer is forbidden from discriminating against you if you discuss or file a workers’ compensation claim, but it can make the working relationship difficult.

If you need benefits, however, you need to file a workers’ compensation claim in a timely manner. There are also certain situations where you may have grounds for a workers’ compensation claim in addition to a lawsuit against your employer. You should discuss whether your case qualifies for one or the other with an experienced New Jersey workers’ compensation attorney.

If you have been hurt on the job because of an intentional action or the recklessness of your employer, you can go around the workers’ compensation system and go after your employer directly in litigation. In court, you’ll be able to pursue your employer for a range of damages, including your pain and suffering, mental anguish, and possible punitive damages.

In the aftermath of a work related injury, you need the guidance of someone who understands what you’re going through. You will have many questions that need to be answered. No employee should have to suffer because of a work related injury. An experienced New Jersey workers’ compensation attorney can help you understand the next steps in your case and to prepare you for what to expect.