Each day, many workers are injured in slip and fall or trip and fall accidents. In many cases, workers have valid lawsuits. In serious injury cases, it is very important to exhaust all avenues. Doing so allows for full financial recovery for the often devastating injuries, which often include head and brain injuries, broken bones, and back injuries.
New Jersey workers who are injured in on the job slip and fall or trip and fall accidents should be aware of the following:
1. Suits against employers are generally not allowed under NJ law.
Under New Jersey law, employers generally cannot be sued for negligence when an employee suffers a work-related injury. Workers’ compensation claims are usually the only claims which may be made against employers. However, New Jersey law allows the injured worker to bring suit against the employer where the employer committed an intentional wrong. For more information, access our legal article, Workplace Accidents in New Jersey – Suing an Employer.
2. Other parties are usually liable and can therefore be sued.
In many workplace accident situations, other parties may be liable for the accident, especially in slip and fall or trip and fall situations. Whether at a work site or an office building, other companies may be liable for failing to clean or maintain the work space. For example, at a commercial office building, a third party contractor may be responsible for negligent maintenance which led to the accident.
3. Injured workers can recover more than just workers’ compensation benefits.
Many workers believe that workers’ compensation is the only source of benefits when in fact, injured workers can obtain financial recovery for lost wages, medical bills, other financial losses and pain and suffering.
4. Financial compensation comes from a defendant’s commercial liability policy.
Most defendants in a slip and fall case carry commercial liability insurance of up to $1,000,000. Some carry excess policies. What this means is that in a slip and fall case against a commercial entity which was insured for the accident, financial recovery will come from that insurance policy, and not the commercial entity itself.
For more information, contact our New Jersey workplace accident lawyers. Call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The work injury and accident lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: July 19, 2012