Defining Third-Party Liability In New Jersey
What is a Third Party Liability Case?
Workers’ compensation is a type of legal claim that will protect employees if they are injured while working on the job. Workers’ compensation claims tend to be straight forward. Injured workers don’t typically need to prove liability if they have evidence that they were injured on the job.
In some cases, however, a third-party liability case might be needed. A few examples include:
- When the employer is responsible for the injury
- When the property owner is responsible
- If the injuries of the employee exceed maximum allowable benefits under workers’ compensation
- If the injury is due to a poor design or defective product
Employees are expected to complete all types of work tasks. When an employee is injured on the job, completing a task that is a part of their job, then they might be liable for workers’ compensation. They might also be eligible for additional compensation through a third party lawsuit claim.
Damages Available With a Third-Party Liability Lawsuit
Workers’ compensation only covers certain medical costs and lost wages. However, an injured employee might experience additional financial or emotional losses. Filing a third party liability lawsuit can make the employee eligible for other charges including:
- Property damage
- Diminished earning capacity
- Pain and suffering
- Rehabilitation costs
Workplace injuries can leave an individual with more costs than their medical bills. Many injuries can also lead to ongoing medical bills and a diminished earning capacity. A personal injury lawyer can help you navigate your damages in addition to the medical bills that you have already incurred.
Determining Fault in a Third-Party Liability Case
Unlike with a workers’ compensation case, individuals claiming a third-party liability lawsuit will need to determine that another party was at-fault. This includes:
- Legal duty of care: The at-fault person must have had a legal duty of care to the injured employee or individual. If the responsible individual was a manufacturer or property owner, then it is generally implied that they must provide a product or place of employment that is free of danger to employees. If they don’t they may be subject to a third-party liability case.
- Breach of duty of care: The at-fault person must have also breached that legal duty of care in one way or another. This is generally through intentional harm or negligence.
- Causation: The individual must have directly, or acted in a way, that caused the accident that led to the injury.
- Damages: There must be actual, compensable damages, in order to file a claim. Damages might include economic or noneconomic damages.
It is also important to note that New Jersey has a statute of limitations on third-party liability cases of just two years from the date of the accident.
When you work with a personal injury lawyer who is familiar with New Jersey’s laws, we will help you collect the necessary documents to determine these four important elements. Your legal team will also help you in navigating your third-party liability case, ensuring that you stay within New Jersey’s statute of limitations.
Contact a Hamilton Personal Injury Lawyer to Discuss Your Third-Party Personal Injury Case in New Jersey
Did you or a loved one sustain serious injuries due to a workplace injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Brown Law represent clients injured because of third-party liability in Egg Harbor, Atlantic City, Galloway Township, Hamilton, and throughout New Jersey. Call (609) 344-8270 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08041.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.