What Are Your Rights if You Are Injured in a Car Accident at Work?

September 26, 2012

There are a lot of people in New Jersey with dangerous jobs. However, the title of "riskiest profession" doesn't go to construction workers, heavy machine operators or even police officers. Rather, it is workers who spend a lot of time on the road -- like truck drivers and sales representatives -- who stand the greatest chance of being killed on the job.

Data from the Bureau of Labor Statistics shows that in 2011, 683 "vehicle-bound workers" were killed while performing their jobs. Overall, nearly 40 percent of all fatal work injuries were transportation-related. More than half of fatal work-related transportation accidents occurred on a highway.

While these numbers are certainly staggering, the upshot is that the American workplace is generally becoming a safer place. In 2012, 4,547 Americans died in work-related accidents. In 1992, that number was 6,217. The decline in fatal accidents is likely related to an increased focus on workplace safety. During that same time period, the budget for the federal Occupational Safety and Health Administration nearly doubled.

Third-Party Liability for Work Related Accidents

After a work-related accident, an injured employee is entitled to seek workers' compensation benefits. If the worker dies, his or her family can seek death and dependency benefits. However, in transportation-related accidents, victims may also be able to pursue a personal injury or wrongful death lawsuit. These lawsuits allow for the recovery of damages that workers' compensation does not cover, such as pain and suffering.

In the vast majority of cases, New Jersey workers' compensation law prevents employers from being sued for negligence, even if they were at fault in causing injury or death. However, third-party liability laws allow a negligence lawsuit to be brought when another person or entity -- a "third party" separate from the employer or the employee -- shares in the blame for the accident.

This commonly happens in motor vehicle accident cases when another person is responsible for causing the crash. However, third-party liability may also arise in a number of different scenarios. For example, fault may lie with an outside repair shop that negligently maintained the worker's vehicle. In other cases, manufacturers might be liable for automotive defects that either led to the crash or magnified the worker's injuries.

Third-party liability is not limited to traffic accident cases. It can arise whenever an outside entity is responsible for causing a workplace injury or death. Other common situations where third-party liability might appear include workers who develop illnesses after being exposed to hazardous substances, workers who are injured by defective machinery or tools and workers who are injured by hazardous conditions on someone else's property.

If you or a loved one has been injured or killed in a workplace accident, a New Jersey personal injury attorney can help you evaluate your case to determine whether third-party liability exits.

Article provided by Eichen Crutchlow Zaslow & McElroy, LLP
Visit us at www.eichenlevinson.com