Mark & Galusha, Workers Compensation Attorneys - Basking Ridge, Somerset County, New Jersey

Many people are unaware of the differences between workers’ compensation and personal injury law. Although the two may seem very similar, there are many key distinctions between them.

Workers compensation law applies only to workers who are injured during the course of their employment. Personal injury law applies to anyone who is hurt due to the actions or inactions of another.

Workers compensation benefits are limited to medical treatment, temporary disability benefits, and permanent disability benefits. Personal injury law provides relief to the point where the injured individual is "made whole"; this includes damages for pain, suffering, and loss of quality of life. Workers’ compensation is the exclusive remedy available to an injured worker; employers cannot be sued for personal injury or wrongful death damages.

The workers' compensation system compensates an injured employee regardless of fault. It makes no difference that this may be his own fault; the injured employee is entitled to the available benefits. However, a plaintiff in a personal injury case is required to show the defendant act negligently (or intentionally), the negligent act caused damages and the amount of the damages which resulted from the negligent act. Additionally, in a personal injury matter, the defendant is afforded the opportunity to present a defense against the claim which may protect him from paying any damages. These defenses are not available to the employer in a workers’ compensation claim.

It is important to note that a worker who is injured during the course of their employment by someone other than the employer or a co-worker can pursue a personal injury law suit. If someone other than the employer or a co-worker is responsible for the accident, both a workers' compensation suit and a civil personal injury suit may be available options for the injured worker.

If you injured or contract an occupational disease while working, please contact Mark & Galusha, your Workers Compensation attorneys in Bridgewater and Basking Ridge, New Jersey. For your free consultation with a lawyer from our Firm, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the "contact us" page.