28 July

Hurt in an accident at work? Wondering if you should file a workers’ compensation claim or a personal injury claim? Both workers’ compensation and personal injury laws protect people when they have been injured. But the two laws are fundamentally different and provide different protections. If you have been injured on the job, it is important to understand workers’ compensation benefits and personal injury law so that you can make an informed decision regarding your case.

Workers’ compensation

Workers’ compensation laws protect workers who have been injured while performing job-related duties. These benefits include compensation for medical expenses, temporary disability, partial disability, permanent disability, and death benefits for a surviving spouse and children. Workers’ compensation benefits are “no fault”, meaning that benefits are available to the injured worker regardless of who is legally at fault for the accident.

Personal injury

Personal injury laws protect individuals who have been injured due to another person’s negligence. Unlike workers’ compensation which is “no fault”, the issue of fault is at the core of personal injury cases . In order to file a personal injury claim, the other party or parties must have demonstrated legal negligence – reckless, careless behavior – that caused the accident. Injured victims can receive compensation for medical expenses related to the accident, property damage, or another type of loss that was incurred from the accident. But without negligence, there is no basis for a personal injury claim.

Legal time limits for filing claims in New Jersey

Every state has their own legal time limits for filing claims in the court system. In New Jersey, the statute of limitations for both workers’ compensation claims and personal injury claims is two years from the time the injury occurred, or two years from when the worker gained knowledge that their illness or injury was work-related. It is very important to heed this deadline. Injured parties who do not file their claim in court before this deadline passes will not have their case heard in court and they cannot receive any compensation for their injuries.

Have questions regarding workers’ compensation and personal injury claims? Give us a call

Workers’ compensation laws and personal injury laws can be confusing and the claims process can be difficult to navigate. Let us help. At Brady, Brady & Reilly, LLC our skilled New Jersey accident attorneys have been helping injured victims since 1965, successfully recovering compensation for their injuries. Whether you were hurt while on the job, or in your personal life, our experienced workers’ compensation and personal injury attorneys protect your rights and advocate on your behalf. Contact our office at (201) 997-0030 or online to schedule a confidential consultation to discuss your case.