Have you been hurt on the job in Freehold, NJ? If so, you may have legal options, such as filing a workers’ compensation claim or personal injury lawsuit.
Noonan Personal Injury Lawyers, LLC are experienced Freehold workplace accident attorneys and can help you from start to finish. We represent injured employees spanning a variety of industries and types of accidents. Since 2007, we have recovered millions of dollars for our clients, including those hurt at work.
Contact our law office in Freehold, New Jersey, at (732) 303 7857 to schedule a free consultation and talk about your case.
How Noonan Personal Injury Lawyers, LLC, Can Help After a Workplace Accident in Freehold
Noonan Personal Injury Lawyers, LLC has over 40 years of combined experience in personal injury law. This includes helping people who are hurt at work. Whether it’s a workers’ compensation claim or a workplace accident lawsuit, we will fight to get you payment for your losses.
When you hire us to represent you after a workplace accident in Freehold, you can expect us to:
- Explain the law and your legal options in a clear manner
- Investigate the cause of the accident
- Review your medical records
- File a workers’ compensation claim on your behalf
- Negotiate with insurance companies and your employer
- File a lawsuit (if necessary)
Without a Freehold personal injury lawyer, a workplace accident case can be daunting. You may not be equipped to stand up to a powerful insurance agency or a big company. Let us take on the hard work for you while you focus on your health.
Contact us today to schedule your free consultation.
How Common Are Workplace Accidents In NJ?
Workplace accidents are common in New Jersey. In 2022, there were 5.4 workplace injuries per 100 full-time workers. This is higher than the national rate of 4.9. The industries with the most injuries on the job included trade, transportation, utilities, and health and education services.
What Is My Freehold Workplace Accident Case Worth?
The value of your workplace accident case will depend on your injuries and whether you are seeking compensation through a workers’ compensation claim or a lawsuit.
In general, you may have a higher value case if:
- You have permanent or severe injuries
- Your injuries prevent you from working in the same capacity
- You have emotional trauma associated with the accident or your injury
- You’re eligible to file a personal injury lawsuit
Ultimately, your case value is highly specific to your circumstances. A workplace accident attorney can help you estimate the value of your case during an initial consultation.
Workers’ Compensation Claims vs. Workplace Accident Lawsuits
Workers’ compensation is an insurance-based, no-fault system. The purpose is to pay people who are injured at work without asking too many questions. This puts money in the hands of the employee much faster than a lawsuit.
The primary qualification in a workers’ compensation claim is that you were hurt while on the job. It doesn’t matter who caused the accident in most cases.
On the other hand, most employees cannot file a lawsuit based on an accident that happened at work. The exception is if a third party caused the accident through negligence. In that case, you may be able to file a lawsuit and recover damages from the third party.
For example, if a truck driver is hit by a negligent driver on the road, they might have a lawsuit against the negligent driver.
A workplace accident lawyer will be able to explain the best course of action in your case.
What Kind of Damages Are Available to Workplace Accident Victims?
The types of damages that you can recover in a worker’s compensation case depend on how you pursue damages. If you file a workers’ compensation claim, you are entitled to less than if you file a personal injury lawsuit.
Damages Through Workers’ Compensation
Under New Jersey workers’ compensation, you are entitled to damages for:
- Necessary and reasonable medical treatment
- Lost wages during your rehabilitation period
- Benefits for permanent disability
In general, your employer gets a say in who will treat you for your injuries, except in an emergency. If you are unable to work for more than 7 days, you can receive temporary benefits of 70% of your average weekly wage. Once you can go back to work, you no longer receive benefits.
Damages Through a Personal Injury Lawsuit
If you recover damages through a lawsuit, you are entitled to financial and non-financial losses. These are called economic damages and non-economic damages.
Economic damages are similar to the payments through workers’ compensation but include more expenses beyond medical bills and partial income repayment, such as:
- Full lost wages
- Lost future earning capacity
- Rehabilitation and physical therapy
- Cost of transportation to and from the doctor
- Out-of-pocket expenses
You can also recover non-economic damages by filing a personal injury lawsuit. You cannot request this type of payment in a workers’ compensation claim. This includes:
- Pain and suffering
- Permanent disfigurement
- Loss of enjoyment of life
- Loss of companionship
- Mental anguish
Non-economic damages can make up a significant portion of your total damages.
How Much Does It Cost To Hire a Workplace Accident Lawyer?
There is no set cost to hire a workplace accident lawyer. Most charge a contingency fee. A contingency fee is an agreement to pay the lawyer at the end of the case. Payment is contingent upon the lawyer winning compensation for the case.
This means that if the lawyer doesn’t win you any money, then you don’t have to pay them for their services. If they do get damages, then you pay them a set percentage of the award. Usually, the percentage is between 20% – 33%.
Can I Recover Compensation if I’m Being Blamed for a Workplace Accident In New Jersey?
If you are filing a workers’ compensation claim, it doesn’t matter who is responsible for causing the accident (in most instances). It is a no-fault system designed to compensate employees even if they are responsible.
If you are filing a lawsuit, you can recover damages if you are 50% or less responsible for causing the accident. This is called comparative negligence.
If you are found to be partially responsible for causing the accident, your damages are reduced by your percentage share of responsibility. For example, if you are 25% responsible, you can recover 75% of your damages.
Our goal is always to protect clients from unfair blame after any type of accident. If you are getting blamed by insurance or a defendant, call us to help.
We’ll Fight To Recover Compensation for All of Your Workplace Accident Injuries
Our attorneys can help you regardless of the type of workplace injury that you have suffered. Some of the most common workplace injuries are:
- Brain injuries
- Spinal cord injuries
- Crush injuries
- Internal injuries
- Organ damage
- Severe burns
- Head injuries
- Broken bones
- Sprains and dislocated joints
- Repetitive movement injuries
- Poisoning
- Loss of eyesight
- Loss of hearing
- Amputation
- Paralysis
We work with clients who have injuries ranging from minor to catastrophic. In extreme cases, we help families whose loved ones have died at work in wrongful death lawsuits.
You can have confidence that we will handle your case with compassion, confidentiality, and with diligence, no matter the injury.
What Causes Most Workplace Accidents In Freehold, NJ?
Causes of workplace accidents can vary from industry to industry. Some types of accidents happen more frequently in certain lines of work. However, several situations tend to cause accidents in all workplaces, regardless of the industry.
Most workplace accidents in Freehold, NJ, are caused by:
- Heavy lifting
- Chemical exposure
- Lack of safety equipment or training
- Explosions and fires
- Slip and falls
- Heavy machinery (misuse or malfunction)
- Electrocution
- Overexertion
- Repetitive motions
- Falling objects
- Falls from heights
Ultimately, it doesn’t matter what caused the accident if you are filing a workers’ compensation claim since it is a no-fault-based system – with only limited exceptions.
How Do I Prove Negligence After a Workplace Accident in New Jersey?
If you are filing a workers’ compensation claim, you won’t need to prove negligence. However, if you have a basis for a lawsuit, you will most likely need to show that the defendant was negligent to recover.
There are four elements to a negligence claim in New Jersey:
- Duty: That the defendant owed the plaintiff a duty of care
- Breach: The defendant breached that duty when they acted unreasonable
- Causation: The breach caused the accident and the plaintiff’s injuries
- Damages: The plaintiff experienced damages (either monetary or non-monetary)
You must prove each element by a preponderance of the evidence. This means that it is more likely than not to be true.
How Long Do I Have To File A Lawsuit After A Workplace Accident In New Jersey?
If you are filing a workers’ compensation claim, you must file it within two years after an accident. If you are experiencing an illness caused by conditions at work, you have two years from discovering the illness. This period is significantly longer than most states.
Even though you have two years to file the claim for benefits, you need to notify your employer of the injury within 90 days at the latest. The sooner you notify your employer, the more likely you are to receive full benefits.
If you are filing a lawsuit with the court, you also have two years until your legal rights expire.
Timelines can be tricky in workplace accident cases. A personal injury lawyer will help you track important deadlines to make sure your rights are protected.
Contact Our Freehold Workplace Accident Lawyers for a Free Consultation
Call Noonan Personal Injury Lawyers, LLC, to set up a time to discuss your workplace accident case. A Freehold workplace accident lawyer can talk through your legal options during a free consultation at (732) 303 7857. There is no downside to getting more information about your workplace injury case from an experienced professional.