Do I Have a Workers’ Compensation or Personal Injury Claim?

When someone is injured on your property or in your business, you need the assistance of a qualified New Jersey attorney to defend yourself against legal claims arising from these injuries or illnesses. Understanding the difference between a personal injury lawsuit and a workers’ compensation claim will help you to deal with issues related to both of these situations more effectively. Here are some distinguishing characteristics of personal injury cases compared with workers’ compensation in the state of New Jersey.

The Duty of Care

One of the most important elements to consider when someone claims to have been injured by the negligence or oversight of another party is the duty of care that exists in the specific situation. In the workplace, the duty of care is created by the employer-employee relationship. In other areas, like public streets, retail buildings and properties owned by individuals or companies, the duty of care is established by the general principle that reasonable care should be taken in maintaining a safe environment for those authorized to be on the property.

Workers’ Compensation Claims

All employers in the state of New Jersey must maintain workers’ compensation insurance policies or self-insurance that meets state regulations. These insurance options are designed specifically to provide a framework for claims of injuries or illnesses that occur because of working conditions. Workers’ compensation insurance claims do not require the worker to prove liability on the part of the employer. In addition, the amount paid on each claim is determined by the extent of the injuries and the wage the employee earns on a regular basis. In the state of New Jersey, employees will typically receive 70 percent of their average weekly wage in temporary disability benefits up to a specific maximum amount, which is determined on the state level and which usually changes each year. Workers’ compensation also pays for necessary medical treatment, death benefits and funeral expenses. Pain and suffering are not included in the coverage provided by workers’ compensation, and no lawsuit is generally required to obtain these benefits in the state of New Jersey. In some cases, however, your business may require the assistance of a qualified New Jersey workers’ compensation defense attorney to prevent unjustified claims from moving forward.

Personal Injury Cases

Personal injuries can occur anywhere and at any time. These incidents can be the result of deliberate action, negligence or oversights on the part of the responsible individuals or companies. Some of the most common types of personal injury cases involve the following:

• Automobile accidents
• Slip-and-fall incidents
• Medical malpractice cases
• Dog bites
• Defective products

These cases typically require the assistance of a qualified New Jersey personal injury attorney to defend your business against unreasonable or unjustified legal actions that could potentially end up costing you a considerable amount of money and time to resolve. By working with an experienced and knowledgeable attorney, you will typically achieve much better results in defending you or your business against these types of lawsuits. Your attorney will go to work to represent your interests both in and out of the courtroom setting.

At the Di Lauri & Hewitt Law Group, we work with businesses, homeowners and other individuals to provide the best possible defense strategies in personal injury cases and to ensure that workers’ compensation claims are handled in the most appropriate way possible. Call us today at 973-354-5783 to schedule a consultation with our team. We are here to serve you.