Lieberman, Ryan & Forrest, L.L.C.
Somerset County
Hunterdon County

Can I sue my employer for my workplace injury?

When a New Jersey worker gets hurt on the job, he or she will usually be able to file a workers' compensation claim to get money to pay for his or her medical care, injuries and time unable to work. The workers' compensation system is intended to protect employers from liability in these kinds of incidents and injured workers usually must rely on their workers' compensation benefits for compensation.

However, what if an employer causes the workers' injuries due to extreme negligence, recklessness or unlawfulness? In these situations, the employer might be liable.

Situations where you can sue your employer for injuries

Employers sometimes cause their employees intentional physical, psychological or emotional harm. When an employer does this, the employer opens him or herself up to liability should the injured worker choose to pursue a personal injury claim against the employer.

Here are example situations in which an employer will be liable:

  • Fraud: If you suffered injury because someone lied to you.
  • Defamation: If someone caused you harm through slander or libel.
  • Privacy invasion: When someone exposes your photos or private information to a large audience.
  • Conversion: This is a legal term to describe when someone confiscates or steals your property and makes it his or her own.
  • Battery: When you get hurt because someone hits you on the job.
  • Assault: When someone attacks you with the intent to cause you injury.
  • False imprisonment: When someone holds you against your will and doesn't have legal authority to do so.
  • Infliction of emotional distress: When an employer intentionally causes you to experience an emotionally traumatizing experience due to the employer's unconscionable conduct.
  • Trespass: This happens if someone walks onto your property without permission.

Workers' compensation claims sometimes have a personal injury component

Let's say you suffer an on the job construction site injury and have a valid workers' compensation claim to pursue, but you should also ask the question: Can I seek more monetary damages by pursuing other legal claims? If your employer intentionally hurts you, or if a third party caused your injuries, then you might be able to pursue additional claims for more damages.

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