When you’re a federal employee and you’ve been hurt on the job, your first course of action is typically to seek benefits under the appropriate federal workers’ compensation statute. Like state workers’ compensation laws, the federal laws typically identify the Workers’ Compensation system as the exclusive remedy for wrongful acts by an employer or a co-employee. That means that, if your injuries are caused by the acts or omissions of your employer or one of your colleagues, your only recourse to recover for any losses is through a workers’ compensation claim.
But what about injuries caused by the carelessness or negligence of some other party? As with other types of workers’ compensation claims, they don’t apply to the wrongful acts of third parties.
Accordingly, if your injury was caused, in part or wholly, by the negligence of someone other than your employer or a co-employee, you can file a separate lawsuit in court to seek damages for your losses. In fact, if your injury was caused in part by your employer or a co-worker, and in part by an unrelated third party, you can simultaneously pursue compensation through a workers’ compensation claim and a lawsuit in court, as those claims will involve the negligence of different parties.
There are advantages to the workers’ compensation system. If your claim is approved, you won’t have the expenses tied to litigation and you can expect to see benefits a whole lot sooner. On the other hand, the workers’ compensation laws typically involve a specific award for any permanent injury, and a percentage of income while you are unable to work. In a lawsuit in court, there are no such limitations on damages.
So what do “third party” actions look like? Some common examples include:
- Injuries caused by the malfunction of a tool, machine or piece of equipment
- Injuries sustained in motor vehicle accidents involving persons other than your employer or a co-employee
- Injuries caused by negligence of vendors, customers or suppliers
Contact Uliase & Uliase
For an appointment with an experienced New Jersey federal workers’ compensation lawyer, contact us online or call our office at 856-310-9002. We meet with clients weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.
