Delivery Driver Accident: Workers Comp or Personal Injury?

Many delivery drivers who are involved in car accidents are unsure about whether they should file a workers’ compensation claim or a personal injury claim. Unfortunately, these types of accidents are often complex, and liability is not always easy to determine. Whether it is a workers’ compensation or a personal injury claim depends largely on several factors, including whether the delivery driver was performing work duties at the time of the crash, as well as who was at fault for the accident itself.

Workers Compensation in New Jersey

Workers compensation laws in New Jersey protect employers from personal injury lawsuits after on-the-job accidents. They also provide wage replacement, medical treatment, and survivor benefits for all injured workers. In return, workers give up their rights to sue their employers for negligence.

In order to file a workers’ compensation claim, injured workers must prove that they were performing work duties at the time of the accident and injured while performing those duties.  They must also prove that damages occurred because of the injuries sustained.

According to New Jersey workers’ compensation laws, most workplace accidents are eligible for workers’ compensation benefits, with the exception of:

  • Self-inflicted or intentional injuries
  • Intoxication
  • Deliberate violations of safety rules

This means that delivery drivers are protected by workers’ compensation laws when they are fulfilling the duties of their job, and are eligible to collect workers’ compensation benefits after an accident, even if the accident itself was their fault.

Personal Injury Claims in New Jersey

If another driver caused the accident and subsequent injuries, delivery drivers may also be able to file a personal injury claim against the negligent driver. Unlike workers’ compensation, however, fault must be clearly established in a personal injury claim. In order to recover damages, an attorney must be able to prove that the other driver was responsible for the accident, as well as the injuries sustained.

To do so, an attorney will need to thoroughly:

  • Investigate all aspects of the accident
  • Gather necessary evidence
  • Review medical records

Once fault has been determined, a claim can then be filed with the negligent driver’s insurance company.

There are numerous benefits to filing a personal injury claim. Most notably, personal injury damages are compensatory and often include full loss of wages, loss of future earnings, and damages for pain and suffering.

Have You Been Injured in an Accident in New Jersey?

If you’re a delivery driver and have been injured on the job, you need an experienced New Jersey personal injury law firm in your corner. A lawyer will be able to determine whether filing a workers’ compensation claim or a personal injury claim makes most sense.

The New Jersey personal injury lawyers at Rosner Law Offices, P.C. are here to help you evaluate all of your legal options. To learn more about your legal rights, contact us today at (856) 502-1655 to schedule your free initial case evaluation.

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