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I was injured at work in New Jersey and didn't make a workers' compensation claim.  Can I sue my employer for the accident?


A: There are several issues at play here. The first is a statute of limitations question.  For personal injury actions in New Jersey or Pennsylvania, the statute of limitations requires that the injured victim file their lawsuit within 2 years of the date of the accident.  There are some exceptions to the general limitations period, but statute of limitations questions are fact-specific and will require analysis by an expert injury attorney.  

Aside from the statutory limitations issue, the answer to the question depends on the situation and facts, which again, require analysis by a qualified work accident and injury lawyer. Under New Jersey law, employees are generally barred from suing their employers for negligence at work.  However, there is one main exception to this rule - if the employer commits an intentional wrong, then the employer can bring suit for the resulting injury. For more information, access our free article about personal injury lawsuits against an employer in New Jersey.

Even if the employer is not liable, others may still be liable for the injury.  In many work related injury situations such as machinery accidents, parties other than the employer may bear liability for the accident and injury. In machine accident cases, the machine manufacturer or distributor may be liable.  In addition, a service or maintenance company may be liable for faulty repair.  

In our experience, most work related accidents do not happen because of the negligence of just one person or company.  Most work related accidents happen due to the combined neligence of people, contractors, and other businesses. It is crucial to have a team of experts conduct a proper, thorough investigation into the cause of an accident.

If you or a loved one was seriously injured in an accident at work, speak to our trusted and experienced New Jersey construction, industrial and work accident lawyers today.  877.944.8396

**This website does not provide legal advice.  Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.  See the full disclaimer at the bottom of this page. 

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