Can I File Both a Workers' Comp Claim and a Lawsuit at the Same Time in NJ?

Yes. Workers' compensation and a third-party civil lawsuit are separate legal actions that can run concurrently when someone other than your employer caused your injury. We can help you coordinate both claims properly.

What Is a Third-Party Workers' Comp Lawsuit?

A third-party workers' comp lawsuit is a civil claim filed against a person or entity other than your employer whose negligence caused your work injury. This lawsuit follows personal injury law and may allow recovery for pain, suffering, and full lost wages that comp benefits do not cover.

How Long Do I Have to File a Workers' Compensation Claim in New Jersey?

New Jersey law sets deadlines for workers' compensation claims, and missing them can affect your rights. Third-party personal injury lawsuits have separate filing deadlines as well. Consulting our workers' compensation lawsuit lawyer promptly after a workplace injury helps protect your ability to pursue both types of claims.

Does Hiring a Lawyer Cost Anything Upfront?

No. We handle these matters on a contingency fee basis, advancing case costs and collecting a fee only if and when your case is successfully resolved.

What Types of Workplace Accidents Do We Handle?

We handle all types of work-related accidents, including construction site injuries, falls, lifting mishaps, defective equipment accidents, and vehicle accidents occurring in the course of employment. We review each case individually to assess workers' compensation benefits and potential third-party claims.

WORKERS' COMPENSATION

At Polloway & Polloway, LLP, we are a Monmouth County law firm serving injured workers throughout New Jersey who need a workers' compensation lawsuit lawyer. When a job injury leaves you facing lost wages, medical bills, and lasting harm, understanding your full legal options matters. The standard workers' compensation system provides important benefits, but it may not be your only avenue. Call (732) 842-5300 today to schedule a free consultation and learn whether your situation may support a third-party lawsuit alongside your workers' comp claim.

What Is the NJ Exclusive Remedy Rule?

New Jersey's exclusive remedy rule is the foundation of the state's workers' compensation system. Under N.J.S.A. 34:15-8, employees who suffer a workplace injury generally cannot sue their employer in civil court. Workers' compensation benefits serve as the primary path to medical care and wage replacement. In exchange, employers carry insurance and accept liability without a fault determination. Injured workers can receive benefits without proving negligence, but they give up the right to sue for pain, suffering, or full lost wages. Understanding this rule is the first step toward identifying whether a separate lawsuit applies to your case. Our workers' compensation lawsuit lawyer can review your situation and explain where exceptions may exist.

Can You Sue Someone Else for a Work Injury in NJ?

Yes, in many situations, you can. The exclusive remedy rule bars lawsuits against your direct employer, but it does not protect every party connected to your injury. A third-party workers' compensation lawsuit targets someone other than your employer whose negligence caused or contributed to your harm.

Common third parties include equipment manufacturers who supplied defective machinery, subcontractors whose crews created a dangerous worksite condition, property owners who failed to maintain safe premises, and negligent drivers who caused a vehicle accident while you were working. These cases follow standard personal injury law, which means a broader range of damages may be available. Consulting our workers' compensation lawsuit lawyer early helps ensure no viable claim is overlooked.

What Damages Can a Third-Party Lawsuit Recover?

A third-party lawsuit may recover compensation that workers' comp does not provide, including pain and suffering, emotional distress, and the full value of long-term lost earning capacity. It is important to know that if a third-party lawsuit succeeds, New Jersey law may require reimbursement to the employer or its insurer for benefits already paid.

Types of Work Injuries That May Support a Third-Party Claim

Many common injury situations in Monmouth County and across New Jersey have a third-party angle worth evaluating:

Construction site accidents involving general contractors, site owners, or subcontractors who were not your direct employer.
Injuries caused by defective tools, machines, or safety equipment supplied by an outside manufacturer.
Delivery or transportation accidents where a negligent driver caused the collision.
Premises liability situations where a property owner allowed hazardous conditions to exist.
Falls or equipment failures at worksites controlled by a third-party company.

Speaking with our workers' compensation lawsuit lawyer in Red Bank Borough, NJ, can help you determine whether a civil claim is viable alongside your compensation filing.

Why Choose Polloway & Polloway, LLP

We have been serving injured clients throughout Monmouth County for decades, with familiarity in the New Jersey Superior Court system that handles third-party workplace injury lawsuits. Our attorneys are active members of the Monmouth County Bar Association. Jack Polloway, Esq. has handled thousands of personal injury and workers' compensation cases since entering private practice in 1981. Merric J. Polloway, Esq. was recognized as one of New Jersey's 10 Best in Client Satisfaction in Workers' Compensation Law by the American Institute of Legal Counsel.

We handle these matters on a contingency fee basis, meaning we earn legal fees only when your case is resolved. You pay nothing upfront. Our office is located at 130 Maple Avenue, Suite 6A, in the Courts of Red Bank, and we serve clients throughout Monmouth County and across New Jersey.

Frequently Asked Questions About Workers' Compensation

Can I File Both a Workers' Comp Claim and a Lawsuit at the Same Time in NJ?
Yes. Workers' compensation and a third-party civil lawsuit are separate legal actions that can run concurrently when someone other than your employer caused your injury. We can help you coordinate both claims properly.
What Is a Third-Party Workers' Comp Lawsuit?
A third-party workers' comp lawsuit is a civil claim filed against a person or entity other than your employer whose negligence caused your work injury. This lawsuit follows personal injury law and may allow recovery for pain, suffering, and full lost wages that comp benefits do not cover.
How Long Do I Have to File a Workers' Compensation Claim in New Jersey?
New Jersey law sets deadlines for workers' compensation claims, and missing them can affect your rights. Third-party personal injury lawsuits have separate filing deadlines as well. Consulting our workers' compensation lawsuit lawyer promptly after a workplace injury helps protect your ability to pursue both types of claims.
Does Hiring a Lawyer Cost Anything Upfront?
No. We handle these matters on a contingency fee basis, advancing case costs and collecting a fee only if and when your case is successfully resolved.
What Types of Workplace Accidents Do We Handle?
We handle all types of work-related accidents, including construction site injuries, falls, lifting mishaps, defective equipment accidents, and vehicle accidents occurring in the course of employment. We review each case individually to assess workers' compensation benefits and potential third-party claims.

Get a Free Case Review Today

Call us at 732-842-5300 for more information or

SEND US A MESSAGE

A workplace injury can disrupt your income, your health, and your future. If a third party's negligence played a role, you may be entitled to far more than workers' compensation benefits alone can provide. At Polloway & Polloway, LLP, we offer free consultations and straightforward guidance so you can understand all of your legal options. Call (732) 842-5300 today or contact our legal team to take the first step toward protecting your rights.