New Jersey employees face a variety of on-the-job hazards each day they head into work. Employers are responsible for creating and maintaining safe workplaces. However, some employers cut corners to save money or just because they are lazy.
One of the dangers workers must occasionally confront stems from faulty workplace equipment. When discussing faulty equipment, the most notoriously dangerous occupations—such as construction jobs—often come to mind. However, almost any worker can suffer injuries as the result of faulty equipment. It is important that any employee injured as the result of faulty workplace equipment reach out to a dedicated New Jersey workplace injury lawyer as soon as possible to discuss their claim.
Common Types of Faulty Equipment in New Jersey Workplaces
Any piece of equipment can cause serious injuries when defective. However, some faulty equipment injuries are more serious than others. Some of the most common—and most dangerous—types of faulty equipment include:
- Dump trucks;
- Bladed tools, such as power saws;
- Nail guns;
- Pressurized gas containers;
- Conveyor belts;
- Power presses;
- Power tools;
- Manufacturing equipment; and
- Work vehicles.
When a piece of defective equipment causes injury to a worker, they can potentially pursue a claim for compensation, through both a New Jersey workers’ compensation claim and a third-party injury lawsuit, typically against the manufacturer of the defective equipment.
Obtaining Compensation After a New Jersey Workplace Accident
The New Jersey workers’ compensation system allows injured workers to pursue a claim for benefits. These include medical benefits, income replacement benefits, and potentially an award for permanent/partial disability as a result of their work-related injury. To bring a claim, an injured worker must show that their injury resulted from their work. However, there is no requirement to prove that someone else’s negligence caused their injury.
Depending on the extent and severity of a worker’s injuries, they may receive the following benefits.
Temporary Total Disability Benefits
Temporary total disability benefits, or TTD benefits, are available for injured workers who miss seven or more days of work due to their injury. TTD benefits generally equal 70% of the injured worker’s average weekly wage. However, these benefits are subject to a maximum of 75% of the statewide average weekly wage, which changes annually. For example, in 2021, the maximum available weekly benefit is $969.
Permanent Partial Disability Benefits
Injured workers who suffer an injury affecting a certain part of their body, or a distinct bodily system, can obtain permanent partial disability (PPD) benefits. The amount of PPD benefits depends on the part of the body affected. These benefits kick in after an employee exhausts their TTD benefits.
Permanent Total Disability Benefits
Workers who cannot return to work due to their injury may obtain permanent total disability benefits, or PTD benefits. Like temporary total disability benefits benefits, PTD benefits are capped at 75% of the statewide average weekly wage. A worker will initially get approved for PTD benefits for up to 450 weeks. However, an injured worker may continue to receive benefits if they are still unable to work at the end of the 450 weeks.
Families who lost a loved one in a New Jersey workplace accident can obtain death benefits through a workers’ compensation claim. Under New Jersey workers’ compensation law, death benefits equal 70% of the worker’s average weekly wage, subject to a maximum set by the Commission of Labor. Death benefits are divided among surviving dependents. In addition, families bringing a New Jersey workers’ compensation case after a loved one’s death are eligible for up to $3,500 in funeral and burial expenses.
The Difference Between a Workers’ Comp Claim and a New Jersey Third-Party Injury Claim
When a piece of faulty equipment causes a worker’s injury, it may have nothing to do with the employer’s negligence. In some cases, products are poorly designed or suffer from some type of manufacturing defect. An injured worker may be able to pursue a New Jersey third-party personal injury claim against the manufacturer in these situations.
Third-party product liability claims are very important to consider, because these claims may offer additional compensation otherwise unavailable through a workers’ compensation claim. Specifically, these claims allow for the payment of pain and suffering damages, as well as other economic damages.
Contact an Experienced New Jersey Workplace Injury Lawyer
If you suffered a workplace injury as a result of faulty equipment, contact the dedicated injury attorneys at Petro Cohen, P.C. for immediate assistance with your potential claim.
Our New Jersey law firm has a team of knowledgeable attorneys covering the practice area of workers’ compensation as well as personal injury. Our experienced lawyers at Petro Cohen have decades of experience effectively handling a wide range of New Jersey workplace accident and personal injury claims, including those cases involving faulty equipment.
In addition to handling your workers’ comp claim, our attorneys will evaluate your case and help determine whether or not you may have a third party claim, which is particularly important in cases involving faulty equipment. Working with the personal injury attorneys at Petro Cohen, the workers’ comp team will ensure you receive the medical treatment you need and all of the compensation to which you may be entitled.
We offer free consultations to answer any questions you may have. And for your convenience, we have four office locations in southern New Jersey, including Northfield, Cherry Hill, Hamilton, and Cape May Court House. We are also available 24/7 via Live Chat on our Web site: PetroCohen.com
To learn more and schedule your free case consultation with a Petro Cohen workers’ comp or personal injury attorney, call us at 888-675-7607. You can also contact us through our online form or via e-mail at info@PetroCohen.com