A serious injury at work can take away your paycheck and your peace of mind at the same time. A Fort Lee workplace injury lawyer at Maggiano, DiGirolamo & Lizzi, P.C. helps you secure workers’ compensation benefits and looks for any other party whose carelessness caused the harm.
That second step matters, because workers’ comp alone rarely covers everything an injured worker loses. We represent building staff, restaurant and retail workers, drivers, tradespeople, and office employees across Fort Lee and Bergen County.
Call us 24/7 at (201) 585-9111 to talk about your injury.
Two Claims Can Come From One Workplace Injury
Most workplace injuries in New Jersey lead to a workers’ compensation claim against your employer’s insurance. Some also support a separate lawsuit against a third party, such as a property owner, contractor, or equipment company.
The two claims work very differently:
| Question | Workers’ Compensation Claim | Third-Party Injury Lawsuit |
| Who pays? | Your employer’s insurance carrier | The responsible outside party and its insurer |
| Do you have to prove fault? | No, benefits apply regardless of fault | Yes, you must show that the party’s negligence caused the injury |
| What can it cover? | Medical care, part of your lost wages, and disability benefits | Full lost wages, pain and suffering, and other losses |
| Where is it decided? | The New Jersey Division of Workers’ Compensation | The Superior Court of New Jersey |
Many injured workers never learn about the second claim, and some lose it by waiting too long. We look for it in every case, because it can make the difference between partial and full compensation.
Examples of Third Parties
A third party is generally someone other than your employer or coworkers whose negligence helped cause the injury. In Fort Lee workplace cases, that often means a property owner who ignored a hazard, a contractor working on the same site, a company that serviced equipment poorly, or a driver who caused a crash while you were working. Each of these parties may carry its own insurance.
What a Third-Party Claim Adds
Workers’ compensation pays only part of your lost wages and nothing for pain and suffering. A third-party claim can recover your full wage loss, future earning capacity, and the human cost of the injury. For a worker facing surgery or a permanent limitation, that difference can be life-changing.
How the Two Claims Work Together
If you recover compensation from a third party, the workers’ compensation insurer generally has a right to reimbursement for benefits it paid. New Jersey law reduces that amount to account for the legal costs of the third-party case. We coordinate both claims to protect your overall recovery.
The Office of Maggiano, DiGirolamo & Lizzi have been so helpful in my case that I just wanted to stress to anyone needing an attorney who has been in an accident that this office is the best. From the beginning of my case I was treated as number one. Mr. Maggiano and staff always kept me informed of the entire process of my case. I even had a driver, Juan, from their office, take me to my medical appointments because I no longer have an automobile. It just made me feel so much more relaxed. This is a law firm makes you feel right at home as soon as you come in. There were many times that I had questions and I would speak to Mariel, Mr. Maggianos’s paralegal and she would always be there to help
I cannot express how grateful and pleased I am to have had Christopher DiGirolamo and his paralegal Christine Carrino represent me in connection with my personal injury action.
What had happened to me was an event that was about to completely change my life.
Initially I was unable to go to the offices of Maggiano, DiGirolamo & Lizzi because of my injuries. I had been hit by a motor vehicle while walking in a crosswalk. Christopher came to me. He offered not only expert legal advice but helped significantly with other things like obtaining police reports, how to handle telephone calls, photographing the scene and even advice about warding off “adjusters” who came knocking on my door. Most importantly, Christopher listened. His compassion, knowledge and understanding cannot be overstated.
I, as a lawyer with medical knowledge who needed a lawyer, would consider myself to be somewhat of a challenging client. Christopher took all this in stride and was fearless in offering guidance and advice when I was having difficulty looking at things objectively. Christopher allayed my anxieties and made me feel better each and every time we spoke. He put things in perspective for me while at the same time, not sugar coating the difficult days ahead that were in store for me, both physically and throughout the legal proceedings. Christopher asked me about my preferences and my choices. He was always interested in my ideas and my point of view. Christopher balanced my convictions with his undeniable objectivity and expertise.
Throughout the protracted course of discovery and pre-trial conferences, Christopher went out of his way to communicate with me and keep me informed. When Christopher was in court we engaged in many real time texting sessions. He respected my decisions about strategy and was constant in upholding his integrity. With Christopher’s tenacity and wit, the case was ultimately resolved without trial.
Christopher and the law firm of Maggiano, DiGirolamo & Lizzi, P.C. made every effort to accommodate me in whatever way they could. I offer my thanks and gratitude.
Choosing Michael Maggiano and his firm was the best decision my husband and I made at a most horrific time in our lives. Multiple doctors, with whom we had trusting relationships, were confidently telling me that nothing was wrong when, in fact, that was not the case; allowing a cancer to grow over several years to an advanced stage.
Michael Maggiano and his incredible colleagues took our case, even though extremely complex. They patiently answered our endless questions, diligently pursued every aspect of our case, handled our anxieties; especially during trial preparation and settlement discussions. Due to their experience and skill, the final outcome was a sizable settlement.
We hope that this message helps you make the right decision during what is probably a difficult and trying time by speaking with Mike Maggiano.
What Should You Do in the First Week After a Fort Lee Workplace Injury?
Report the injury to your employer right away, get medical care, and write down what happened while the details are fresh. Those early steps protect both your health and your claims.
Many injured workers find this checklist useful:
- Tell your supervisor about the injury in writing and keep a copy.
- Get medical care, and tell the provider the injury happened at work.
- Photograph the area where you got hurt and any equipment involved.
- Write down the names of coworkers and others who saw the accident.
- Call a Fort Lee workplace injury lawyer before you talk with the insurer.
If your employer won’t file the claim or the insurer denies it, you can file an Employee Claim Petition with the Division of Workers’ Compensation. We prepare and file that petition for our clients.
Common Workplace Injuries in Fort Lee
Fort Lee workers face injury risks in building maintenance, restaurants, retail stores, warehouses, transportation, and construction. The mix of high-rise buildings, busy commercial corridors, and constant construction creates a wide variety of risks. The type of job often shapes who else may share responsibility.
Building Staff and Maintenance Workers
Doormen, porters, superintendents, and maintenance crews in Fort Lee’s high-rise buildings face falls, lifting injuries, and electrical hazards. When an outside elevator company or contractor created the danger, a third-party claim may follow.
Restaurant, Retail, and Warehouse Workers
Slippery kitchen floors, unguarded slicers, and overloaded shelving cause many injuries. A defective machine or a landlord’s failure to fix a known hazard can bring another party into the case.
Drivers and Delivery Workers
Workers who drive for their jobs can be hurt by negligent drivers on Route 4, Palisade Avenue, or the approaches to the George Washington Bridge. Those crashes usually support both a workers’ comp claim and a claim against the at-fault driver.
New Jersey’s auto insurance rules add another layer, so we coordinate the comp claim, the driver’s liability coverage, and any applicable auto benefits together.
Construction Workers
Construction sites involve many companies at once, which often opens the door to third-party claims. Our Fort Lee construction accident lawyers can help you sort out who’s responsible and how to pursue compensation.
When Can You Sue Your Employer Directly in New Jersey?
In most cases, you can’t sue your own employer for a workplace injury in New Jersey because workers’ compensation is the exclusive remedy against the employer. A narrow exception applies when the employer committed an “intentional wrong,” which requires more than ordinary negligence and can involve conduct the employer knew was substantially certain to cause injury.
Removed Safety Guards and Ignored Warnings
New Jersey courts have allowed some lawsuits against employers who deliberately removed safety devices or ignored repeated warnings about a known danger. These cases are rare and fact-specific, but they can matter when someone took a machine’s guard off to speed up production.
Coworkers Who Caused the Injury
New Jersey’s workers’ compensation law generally also bars lawsuits against a coworker whose carelessness caused your injury. The same narrow intentional-wrong exception applies. That’s another reason we look closely for outside companies that may share responsibility.
Employers Without Insurance
New Jersey requires most employers to carry workers’ compensation insurance. If your employer didn’t, you may have other options, including a direct claim and help from a state fund for uninsured employers. Our Fort Lee workplace injury lawyers review the employer’s coverage early in every case.
Verdicts and Settlements
$800,000 - Workplace Safety
To an electrician who suffered flash burns when he plugged in a meter to read the electric usage of a shopping mall tenant.
$3,200,000 - Fall From Building
A 35 year old iron worker fell from a steel frame building under construction due to the failure of the general contractor to provide a safe workplace, which included supervision for the use of safety equipment and guide wires.
$1,100,000 - Construction Site Injury
35-year-old architect injured while working on a Mall Construction site. Plaintiff slipped and fell down an outdoor wooden staircase attached to her work office trailer and sustained serious knee injury that required two surgeries. Although she was able to return to work full time as an architect, her knee injury made it difficult for her to do field work.
What Does Workers’ Compensation Pay for in New Jersey?
In New Jersey, workers’ compensation pays for medical treatment and part of your lost income, but it doesn’t pay for pain and suffering. Benefits generally include:
- Medical care from providers that the employer or its insurer authorizes.
- Temporary disability payments while you can’t work, based on a percentage of your wages up to a state maximum.
- Permanent partial or permanent total disability benefits for lasting harm.
- Death benefits for dependents when a worker dies from a job injury.
When Benefits Stop Too Soon
Insurers sometimes cut off temporary disability payments after their own doctor says a worker can return to the job. If you still can’t work, a judge of compensation can review the medical evidence and order benefits restored. Keep all work notes and restrictions from your treating doctors.
Those benefits help, but they often fall short of a worker’s real losses. That gap is why a third-party claim, when one exists, can be so important. Our Fort Lee workers’ compensation attorneys handle disputes over denied treatment and stopped payments.
What if Your Workers’ Comp Claim Is Denied?
If your workers’ compensation claim is denied in New Jersey, you can ask a workers’ compensation judge to review the dispute. A Fort Lee workplace injury lawyer can present medical evidence and other records to challenge the denial and fight for your benefits.
Why Insurers Deny Claims
Carriers often argue that an injury didn’t happen at work, that a prior condition caused the problem, or that the worker reported it too late. Some deny treatment a doctor recommended, such as surgery or an MRI. Each of these arguments has an answer when we gather the records early.
How the Process Works
The Division of Workers’ Compensation handles these disputes under its own rules and procedures. A judge can order the carrier to authorize treatment or pay benefits it withheld. We handle the filings, the medical evidence, and the hearings so you can focus on recovering.
Why Fort Lee Trusts Our Team
Our office is located at 201 Columbia Avenue in Fort Lee, close to where many of our clients live and work. We handle both workers’ compensation claims and third-party lawsuits, so one team can manage your entire case.
Here’s why Bergen County chooses our attorneys:
- Maggiano, DiGirolamo & Lizzi, P.C. has collected more than $300 million for injured clients.
- Our attorneys belong to the Million Dollar Advocates Forum.
- Our team includes attorneys certified by the Supreme Court of New Jersey as Civil Trial Attorneys.
- We handle injury cases on a contingency fee basis.
- You can reach us 24/7.
Our results include $346,000 for a 34-year-old schoolteacher who suffered neck, back, shoulder, knee, and head injuries in two separate work accidents. We also recovered $1,100,000 for a 35-year-old architect hurt on a mall construction site. Past results depend on their facts and don’t predict future outcomes.
Call (201) 585-9111 to talk with our team about your workplace injury.
FAQs: Fort Lee Workplace Injury Lawyer
Can my employer fire me for filing a workers' comp claim in New Jersey?
New Jersey law prohibits employers from firing or discriminating against a worker for filing a workers’ compensation claim. If you lost your job or faced punishment after reporting an injury, write down what happened and tell your Fort Lee workplace injury lawyer right away.
Do I have to see the company doctor in New Jersey?
New Jersey generally lets the employer or its insurer choose the authorized treating doctors in a workers’ compensation case. If you disagree with the care you’re receiving, a workers’ compensation judge can address disputes over treatment.
Can I get workers' comp if the accident was partly my fault?
New Jersey workers’ compensation is a no-fault system, so you can usually receive benefits even when your own mistake contributed to the injury. Fault does matter in a separate third-party lawsuit, where your share can reduce your compensation.
Does workers' comp cover injuries on my commute?
New Jersey workers’ compensation generally doesn’t cover injuries during an ordinary commute to or from work. Exceptions can apply when you’re traveling for the job, running an errand for the employer, or hurt in an area the employer controls.
What if I work through a temp or staffing agency?
Temp workers in New Jersey usually receive workers’ compensation through the staffing agency. Whether you can also sue the company where the agency sent you depends on how much control that company had over your work, so we review the arrangement closely.
Back on Your Feet, With the Right Help
A workplace injury shouldn’t leave you choosing between your health and your bills. Maggiano, DiGirolamo & Lizzi, P.C. pursues every benefit and every claim your injury supports, from workers’ comp to a full lawsuit against a negligent third party.
Call (201) 585-9111 or reach us through our online form. We’ll explain your options and get started right away. If you’re still in treatment, we can handle the insurance calls and paperwork while you focus on healing.
Fort Lee Office
Maggiano, DiGirolamo & Lizzi, P.C.
201 Columbia Ave
Fort Lee, NJ 07024
Phone: (201) 585-9111
