In general, you cannot. New Jersey’s workers’ compensation system is designed to be the exclusive remedy for employees who are injured on the job. That means that, in most cases, you cannot sue your employer directly for an injury that occurred at work.

However, there are some situations in which you may be able to sue your employer, or someone other than your employer, for a work-related injury. For example, you may be able to file a third-party liability claim if you were injured by a defective product at work. You may also be able to sue your employer if your injury was caused by intentional misconduct (e.g., if you were the victim of workplace violence). If you’re not sure whether you have a valid workers’ compensation claim or third-party liability claim, you should speak to a New Jersey workers’ compensation attorney.

If you are injured at work in South Jersey, you may be entitled to the following benefits:

Temporary Disability Benefits: If you are unable to work for more than 7 days because of your work injury or illness, you will be entitled to receive temporary total disability benefits. In New Jersey, these benefits are 70% of your average weekly wages before the injury, but the maximum and minimum changes every year. 

Permanent Disability Benefits: If you’ve reached maximum medical improvement, your doctor will evaluate you to determine if you have any permanent disability as a result of your work injury and to what extent. 

• Permanent Partial Disability Benefits – If you are impaired from a work-related accident or illness but you’re still able to work in some capacity, you may be eligible for permanent partial disability benefits. The amount you’ll receive will depend on the extent of your impairment, the affected area of your body, and your pre-injury wages.
• Permanent Total Disability Benefits – If you’re unable to work at all because of your work injury, you will continue to receive weekly payments at your temporary total rate. Once you receive these benefits for 450 weeks, you will undergo an evaluation to prove that you followed your doctor’s orders but are still unable to work at your pre-injury level. If proven, your benefits will be extended as long as you’re still disabled.

Medical benefits: You may be entitled to have your employer pay for all reasonable and necessary medical treatment related to your work injury. This includes things like doctor’s visits, hospital stays, prescription medications, physical therapy, and rehabilitation.

Death benefits: If a worker is killed on the job, his or her surviving family members may be entitled to death benefits. These benefits are typically paid at the rate of two-thirds of the worker’s average weekly wage, up to a maximum amount set by law.

Funeral expenses: New Jersey workers’ compensation will also pay the family of a deceased employee up to $5,000 in funeral and burial costs.

Most employees in New Jersey are covered by the workers’ compensation system. This includes full-time, part-time, and seasonal workers. There are a few exceptions, however. For example, certain types of workers (e.g., independent contractors, agricultural workers, and domestic workers) are not eligible for workers’ compensation benefits.

There are many different causes of work accidents in South Jersey. Some of the most common include slips and falls, trips and falls, motor vehicle accidents, and injuries caused by defective products.

If you are injured at work in South Jersey, you should notify your employer as soon as possible. You should then seek medical attention for your injuries. Once you have been seen by a doctor, you should file a claim for workers’ compensation benefits. You can learn more about New Jersey’s workers’ compensation system by visiting the New Jersey Department of Labor and Workforce Development website.

If you’ve been injured at work, you may be entitled to workers’ compensation benefits. However, the claims process can be complex and confusing, and it’s not always easy to get the benefits you deserve. An experienced workers’ compensation lawyer can help you navigate the claims process and fight for the benefits you need.