In New Jersey, the primary source of coverage for such injuries is workers’ compensation. However, there are situations where other parties may be liable, particularly in cases involving intentional wrongs. It is important to understand when a third party may also bear some liability.
Workers’ compensation: Your primary source of coverage
Workers’ compensation is an insurance program that provides funds to employees injured while on-the-job. In New Jersey, this system helps employees receive the funds they need to cover the cost of medical treatment while also providing additional financial support without the need to pursue legal action.
In order to apply, employees must report the injury to their employer as soon as possible and file a claim. Workers’ compensation is a no-fault system, meaning it covers injuries regardless of who was at fault, as long as the injury occurred in the course of employment.
Intentional wrongs: When another party may be liable
As noted above, workers’ compensation benefits apply regardless of who was at fault. But what happens when another is not just at fault but appears to have intentionally caused the accident? In these situations, the injured party may be able to hold the responsible individual accountable for the costs related to the accident, beyond what workers’ compensation covers.
Building these cases requires many steps, including:
- Proof of intent: The injured party must demonstrate that the act causing the injury was intentional and not merely negligent.
- Substantially certain: They must also show that the individual responsible for the act was well aware it would likely result in injury.
- Legal process: Unlike workers’ compensation claims, pursuing a claim for an intentional wrong involves filing a lawsuit in civil court.
If successful, you could receive funds for pain and suffering, punitive damages, and other costs not covered by workers’ compensation.
Building a claim for an intentional wrong requires a different approach than a workers’ compensation case, often involving more extensive legal proceedings and the need for clear evidence of intent. It is important to understand that, in some cases, this process is worth the effort.