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

Is your employer responsible for your workplace injury?

Anyone can get hurt at work. Although people associate workplace injuries with particularly dangerous career paths, such as construction, even office workers or those delivering pizza for a living can get hurt on the job. Anyone hurt at work likely has the right to file a claim for workers' compensation benefits in New Jersey.

However, there are circumstances in which a secondary claim against an employer is also possible. If your employer failed to provide adequate training or safety equipment for a safe working environment, those could be grounds for a lawsuit against your employer. This can help you recoup your losses and protect other people from suffering a similar injury in the future.

Your workplace should comply with federal and state safety standards

There are a number of agencies whose prime mission is to help workers stay safe through the creation of safety standards in the workplace. Unfortunately, complying with safety standards often means an investment of both time and money on the part of an employer. Some businesses are loath to spend money that they feel they don't need to.

Whether it's shirking their responsibility to provide safety harnesses for outdoor construction workers or deciding not to maintain machinery because of the the cost involved, the failure to maintain a safe workplace creates liability for an employer. Workers who get hurt in situations that involve a violation of safety standards can likely take legal action against the company to seek compensation.

If you can demonstrate an environment that consistently violates safety standards or a company culture that places profit before worker safety, it may be possible for you to seek workers' compensation insurance benefits after an injury and pursue a personal injury claim against your employer for your losses.

Impacting the bottom line may be the only way to change a company

Filing a personal injury lawsuit against your employer isn't just about getting compensation for your injuries. While that is important, it's only half of the reason why workers injured by unsafe work conditions should take legal action.

The other half of that equation is the fact that companies make decisions based on profit. If they believe it is cheaper to cut corners when it comes to safety, the only way to change that practice is to affect their profit margin. A successful personal injury lawsuit will create a strong financial incentive for your employer to comply with safety standards in the future.

Not all injured workers can take action against their employer, so it's important to understand your rights. Discussing the exact situation of your injury with an experienced New Jersey attorney is a good first step for anyone wondering about their rights after a workplace injury.

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