Workplace injuries in New Jersey can lead to two possible legal paths: a traditional NJ Workers Comp claim or a civil lawsuit against a nonsubscribing employer. Understanding the difference could determine whether you recover partial compensation or the full amount you deserve.
The Role of NJ Workers Comp in Workplace Injuries
Established nearly a century ago, NJ Workers Comp exists to quickly resolve workplace injury claims without requiring the employee to prove fault. If you’re injured on the job, workers’ compensation generally covers your:
- Lost wages
- Medical expenses
- Temporary or permanent disability benefits
Most employers are legally required to carry this insurance. But in some cases, employers either don’t carry workers’ comp or commit fraud to avoid paying claims. These situations fall under what are called nonsubscriber cases.
What Happens If Your Employer Doesn’t Have NJ Workers Comp to Cover Workplace Injuries?
If your employer is uninsured—or if your injury falls outside of what workers’ comp typically covers—you may be able to file a civil claim instead. While civil lawsuits are fault-based, they allow victims to pursue additional compensation, including pain and suffering.
Common Nonsubscriber Scenarios:
- Your injury was caused by a negligent co-worker (e.g., someone bumped you down the stairs).
- A defective machine or tool caused your injury.
- Your employer intentionally misclassified you as a contractor to dodge insurance.
- Your employer made false promises not to report injuries or pay off the books.
- You were forced to work in reckless conditions—such as being sent into a trench known to be unsafe.
In each of these cases, you may be entitled to compensation through legal action against the employer or a third-party lawsuit.
When Co-Workers or Equipment Cause Workplace Injuries
NJ Workers Comp is supposed to cover any injury that happens on the job—but sometimes the cause of the injury complicates matters.
If you were injured due to a co-worker’s negligence, you might have the option to sue the co-worker or employer, depending on the circumstances.
Likewise, if equipment failure or a defective product contributed to your injury, you could sue the manufacturer. These cases require more evidence than a typical workers’ comp claim, but they often result in higher payouts.
Employer Fraud and Legal Rights in Workplace Injuries
While worker fraud gets the headlines, employer fraud is just as dangerous. Common examples include:
- Misclassifying employees as contractors
- Underreporting payroll to reduce premiums
- Failing to purchase any coverage at all
If you’re hurt on the job and discover your employer lacks coverage or lied, the law is on your side. These employers lose many of their legal defenses—making it easier for you to win compensation.
When Reckless or Intentional Conduct Is Involved
NJ Workers Comp covers unintentional injuries—but not injuries caused by reckless or malicious behavior. For example:
- You’re sent into a construction zone flagged as unsafe
- A supervisor retaliates against you by assigning dangerous tasks
- Safety complaints are ignored, leading to harm
These are not just workplace accidents—they are civil violations that justify a lawsuit.
Take Action After a Workplace Injury in New Jersey
Not all Workplace injuries are created equal—and neither are the legal paths forward. If your claim is complicated by employer fraud, product defects, or lack of insurance, you need more than basic NJ Workers Comp benefits.
A qualified New Jersey injury attorney can help you determine whether a civil suit, workers’ comp claim, or both are your best path to compensation.
Reach Out to a Diligent County Lawyer
Did you or a loved one sustain serious workplace injuries in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing.
Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled injury attorneys at CourtLaw NJ Personal Injury Lawyers represent clients injured in accidents in Perth Amboy, Jersey City, New Brunswick, Roselle, East Orange, and throughout New Jersey. Call 732-442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market Street, Perth Amboy, NJ 08861 as well as offices in Jersey City, New Brunswick, Roselle, and East Orange.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
