A: The answer depends on proper, timely investigation of the accident. If the statute of limitations has run or expired, absent some facts which would allow a late filing, there can be no claim for lost wages, medical expenses or pain and suffering. Because each case is different, it is vital to speak to a qualified NJ work accident lawyer as soon as possible.
Related: OSHA Work Accident Reporting Requirements – Important Changes (September 2014)
Many work accidents at terminals and docks occur because of the combined negligence of multiple parties such as:
- vessel or barge owners,
- forklift operating companies,
- heavy equipment operating companies,
- forklift training companies,
- heavy equipment training companies,
- port authorities,
- dock and terminal maintenance companies,
- cargo companies,
- trucking companies,
- and many more.
The reality is that terminals and docks are incredibly busy places, given the level of activities which occur at all hours of the day. At any given time, there are literally dozens of companies, contractors and subcontractors performing work.
Legal Rights for Injured Workers in PA & NJ
Workers’ Comp Claims
Workers injured in Pennsylvania and New Jersey terminal/port accidents will almost always be entitled to make workers’ compensation claims. Depending on the facts, a workers’ compensation claim can be made either under state laws or the federal Longshore and Harbor Workers’ Compensation Act. As a general rule, workers’ compensation benefits provide coverage for medical treatment and bills as well as loss of wages, if the injuries cause a temporary or permanent disability. It is important to note that amounts of the wage loss payments, also known as indemnity payments, are determined by law. In both PA and NJ, there are statutory maximums. Therefore, injured workers will not receive 100% of their weekly wages and instead will only receive a percentage.
Other Legal Claims for Financial Compensation
However, additional claims can often be made against other parties, in addition to or on top of the workers’ compensation claim. This is something that the vast majority of workers do not now. Under the laws of Pennsylvania and New Jersey, an injured worker has the legal right to seek financial compensation from non-employer parties whose negligence led to the accident. Financial compensation may be awarded for past and future medical bills, past and future lost wages and past and future pain and suffering damages.
New Jersey Work Accident Law Firm
Our NJ work accident law firm has offices in Cherry Hill, Atlantic City and Iselin. Please call for a free case review. Our lawyers have obtained millions of dollars for injured workers throughout New Jersey. Click To Call
**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.
Last updated: November 5, 2014