Bergen County Workplace Accident Lawyer

When you get injured on the job in New Jersey, the path forward seems clear at first: file for workers’ compensation. But what if those benefits don’t begin to cover the full reality of your losses? For many injured workers in Bergen County, this is a jarring realization.

The workers’ compensation system provides a baseline of benefits but leaves out payment for pain and suffering, emotional distress, and the total loss of your earning power. Because this system also prevents you from suing your employer, many people believe they have no other options. This is a common and expensive mistake. A Bergen County Workplace Accident Lawyer can review your case and explain additional ways to pursue full compensation.

If someone other than your employer or a coworker (a “third party”) was negligent and caused your injury, you have the right to file a separate personal injury lawsuit. This is your opportunity to recover the compensation that workers’ comp leaves behind.

At Maggiano, DiGirolamo & Lizzi, P.C., we help injured workers see the full picture. If you have questions about a workplace accident, call us for a free case evaluation at (201) 585-9111.

Key Takeaways for Workplace Accident Claims

1. Workers’ comp is not your only option. If a third party’s negligence caused your injury, you may be able to file a separate personal injury lawsuit in addition to your workers’ compensation claim.
2. A lawsuit can provide full compensation. Unlike workers’ comp, a personal injury claim allows you to pursue payment for non-economic damages like pain and suffering, rewriting the story of your financial recovery.
3. Strict deadlines apply to your case. New Jersey law sets a firm time limit for filing a lawsuit, and missing it means losing your right to pursue compensation forever.

Why Choose Maggiano, DiGirolamo & Lizzi, P.C. for Your Workplace Accident Claim?

After a workplace injury, the law firm you choose will define your future. You need a team with a deep understanding of New Jersey’s laws and a history of holding negligent parties accountable. Workplace Accident Claims can provide compensation for medical bills, lost income, and pain and suffering when a third party’s negligence caused the injury.

Our firm, Maggiano, DiGirolamo & Lizzi, P.C., brings over 90 years of combined trial experience, recovering more than $300 million for our clients. We aren’t some law firm located on the other side of the country; we are a pillar of the Bergen County legal community, with our office conveniently located in Hackensack, a short distance from the Bergen County Courthouse.

Our record is a testament to our approach:

• Proven Results: We have secured numerous seven- and eight-figure results, including a $1.4 million recovery for a construction site injury.
• Recognized by Our Peers: Our attorneys are consistently named among the Top 100 Trial Lawyers and New Jersey Super Lawyers and hold an AV Preeminent Rating from Martindale-Hubbell—the highest possible rating for legal ability and ethics.
• No Win, No Fee Guarantee: You owe us nothing unless we recover compensation for you. We invest our own resources into your case because we believe in its strength.

We provide direct, personalized attention to every client. Your case will not be handed off to a junior associate. To discuss your case with an experienced Bergen County workplace accident lawyer from our team, contact us. Effects of Fatigue in the Workplace can increase the risk of accidents and injuries, making it vital to address safety concerns and pursue full compensation if negligence is involved.

Workers’ Comp Pays Some Bills. A Lawsuit Can Rebuild Your Life.

Nearly every injured employee in New Jersey knows they can get workers’ compensation. What they frequently don’t know is they might also have a second, more complete path to recovery: a third-party personal injury lawsuit.

Workers’ compensation is a “no-fault” system. It covers medical treatments and a percentage of your lost wages without needing to prove anyone was at fault. But the trade-off is that it does not pay you for your pain and suffering, emotional distress, or the full loss of your future earnings.

A personal injury claim against a negligent third party can.

Who Is a “Third Party”?

A “third party” is anyone other than your direct employer or a coworker whose negligence contributed to your injury. Identifying these parties is the first step toward securing full compensation. Your Rights in the Workplace include safe working conditions, proper training, and the ability to seek compensation when third-party negligence causes harm. Examples include:

• A general contractor or subcontractor on a construction site.
• The manufacturer of defective machinery or tools.
• A property owner who failed to maintain a safe environment.
• A driver who caused a vehicle crash while you were working.

Comparing Your Compensation Options

Our goal is to identify every responsible party to pursue the maximum compensation available. Here’s a look at what each type of claim typically covers:

• Economic Damages: These are your measurable financial losses. A personal injury claim can cover all past and future medical bills, the full amount of your lost wages, any loss of future earning capacity, and vocational rehabilitation costs. Workers’ comp only covers a portion of these.
• Non-Economic Damages: This covers the intangible, personal losses that change your quality of life. This is only available through a personal injury lawsuit and includes payment for pain and suffering, emotional anguish, and loss of enjoyment of life.

If you receive workers’ comp benefits and also win a settlement from a third-party lawsuit, your employer’s insurance carrier has a right to be paid back for the benefits it provided. This is called a lien. We handle the negotiations to reduce the amount of this lien, making sure more of the settlement money stays with you.

When Can You Sue an Employer Directly?

As established thus far, in most cases, you can’t sue your employer for a workplace injury in New Jersey. But there are narrow exceptions. And if your case falls into one of them, it changes everything.

What Counts as an Exception?

To step outside the workers’ comp system and file a lawsuit directly against your employer, you’d have to prove something very specific: intentional wrongdoing.

This doesn’t mean your boss made a bad decision. It doesn’t mean they cut corners or violated safety rules. The law requires evidence that someone knew the risk of serious injury or death was nearly certain, and ignored it anyway.

A Real Example: Machine Guards Removed on Purpose

Say you worked at a manufacturing plant. Your machine came with safety guards designed to protect your hands during operation. But your employer, under pressure to boost production, deliberately removed those guards to speed up the process. And they’d been warned before that doing so was dangerous. Need to Know About TBIs in the Workplace includes understanding how head injuries can occur from unsafe equipment and why immediate medical care and legal action are essential.

If that decision leads to a severe injury, like an amputation, it may cross the line into intentional wrong under New Jersey law. That’s the kind of case where a direct lawsuit against your employer might be allowed.

This legal standard comes from court cases like Laidlow v. Hariton Machinery Co., where the New Jersey Supreme Court made clear that simply proving gross negligence isn’t enough. The harm must have been “substantially certain” to occur.

Why Does This Matter?

Because in those rare cases, a lawsuit against your employer opens the door to types of compensation that workers’ comp doesn’t cover, like pain and suffering, emotional trauma, or loss of enjoyment of life. That changes the entire scope of your recovery.

We don’t say this to raise false hopes. Most work injury cases don’t qualify for this exception. But we always look. We’ll review what happened, how the injury occurred, and whether your employer crossed that legal line. Recommended Practices in Workplace Safety include regular training, proper equipment maintenance, and clear safety protocols to prevent serious injuries.

If there’s any chance that they did, we’ll take steps to preserve the evidence and advise you on the next steps.

Workplace Risks Are Part of Bergen County’s Landscape

Bergen County is New Jersey’s most populous county, with a dynamic economy that creates thousands of jobs across dozens of industries. Whether you’re framing a new high-rise in Fort Lee, operating a forklift near Teterboro, or caring for patients in a Hackensack hospital, your workplace has specific dangers.

In one recent year, private industry employers in New Jersey reported 66,800 nonfatal workplace injuries and illnesses. Statewide, some of the most hazardous industries are transportation, construction, and healthcare—all major sectors in Bergen County. Falls are a leading cause of fatal injuries in the construction industry nationally. In our area, with constant development in towns like Edgewater, construction remains a high-risk field.

The “Education and Health Services” sector has one of the highest rates of nonfatal injuries in the state. This puts workers in our many hospitals and care facilities at risk from patient handling, slip and falls, and exposure to harmful substances. Bergen County’s position as a logistics hub for New York City also means many residents work in transportation and warehousing, where traffic accidents are a leading cause of workplace fatalities.

What Are the Most Common Types of Workplace Accidents and Injuries?

Certain scenarios are more likely to involve a negligent third party. The key is determining if someone outside your company played a role.

Common Accidents Leading to Third-Party Claims:

• Construction Site Falls: Falling from scaffolding, ladders, or roofs, frequently caused by a general contractor’s failure to ensure proper safety protocols are in place.
• Machinery and Equipment Failure: An injury caused by a machine that was defectively designed or manufactured, or that was improperly maintained by an outside service company.
• Work-Related Vehicle Crashes: Being struck by another driver while you are driving for work purposes.
• Struck-By-Object Incidents: Being hit by falling materials or equipment operated by another company’s employee.
• Slip and Falls on Unsafe Property: Injuring yourself on a dangerous condition (like an icy walkway or unmarked spill) at a location you were visiting for work that is owned or managed by another party.

Injuries That Can Permanently Alter Your Life:

• Traumatic Brain Injuries (TBIs): A TBI happens when a sudden, external force damages the brain, leading to anything from a concussion to severe cognitive impairment.
• Spinal Cord Injuries: Damage to the spinal cord that causes permanent changes in strength, sensation, and other body functions below the injury site.
• Broken Bones and Orthopedic Injuries: Requiring surgery, hardware implants, and extensive physical therapy.
• Burns: From chemical spills, explosions, or electrical incidents.
• Amputations: The loss of a limb due to a catastrophic equipment accident.

What Should You Be Doing from Home to Protect Your Case?

While we handle the legal work, there are several things you can do from home to strengthen your claim.

• Follow Your Doctor’s Orders: Attend all medical treatments, physical therapy sessions, and follow medication regimens. Gaps in treatment can be used by an insurance company to argue your injuries were not serious.
• Don’t Post on Social Media: Insurance investigators frequently review social media profiles. A single photo or comment might be taken out of context to undermine your claim. It is best to avoid posting until your case is resolved.
• Keep Detailed Records:

• Medical Journal: Write down your daily pain levels, symptoms, and how your injuries affect your ability to perform daily tasks.
• Expense Log: Keep every receipt for out-of-pocket costs, including medication co-pays, travel to doctor appointments, and medical equipment.
• Don’t Give a Recorded Statement: Do not agree to give a recorded statement to the other party’s insurance company without talking to us first. They may ask leading questions designed to weaken your case. Refer them to our office.

Frequently Asked Questions About Bergen County Workplace Accidents

Don’t Let a Legal Technicality Define Your Future

Being injured at work is disruptive enough without having to worry about whether you’re getting the support you need to recover fully. While the workers’ compensation system is an important first step, it is just one piece of the puzzle.

A third-party claim may be the only way to be made whole. Holding the right people accountable is the key to securing the resources needed to truly rebuild. You don’t have to figure this out alone. Let us help you understand all of your options.

The team at Maggiano, DiGirolamo & Lizzi, P.C. is ready to review the details of your case and explain your rights. Call us today for a free, confidential consultation at (201) 585-9111.