New Jersey Workplace Accident Lawyers
Workers' comp rarely makes you whole — and it never pays for pain and suffering. Onal Injury Law finds the case beyond comp: the third party who caused your injury, and the full compensation that comes with holding them accountable. No fee unless we win.
If you're hurt on the job, workers' comp pays medical bills and part of your wages — but nothing for pain and suffering, and you generally can't sue your employer. The opportunity most workers miss: when someone other than your employer caused the injury — a contractor, property owner, equipment maker, or driver — you can bring a separate third-party lawsuit for full damages, on top of your comp benefits. New York construction workers get even more: the Scaffold Law makes owners and contractors absolutely liable for falls. You generally have two years to file. No fee unless we win. Free review: (201) 335-6788.
You may have two cases, not one.
Workers' comp is a no-fault safety net against your employer. A third-party claim is a full personal-injury lawsuit against whoever else caused the harm. They run in parallel — and together they recover far more than comp alone.
Workers' Comp
- No need to prove anyone was at fault
- Medical treatment for your injury
- About 70% of lost wages (capped)
- Permanent-disability benefits
- Death benefits for surviving family
- No pain and suffering
Personal-Injury Lawsuit
- Full (100%) lost wages & future earnings
- Pain & suffering and emotional distress
- Loss of enjoyment of life
- Full current & future medical care
- Disability & disfigurement
- Runs alongside your comp claim
Finding the third party.
The whole case often turns on identifying everyone beyond your employer whose negligence played a part:
- General contractorsResponsible for site safety when you work for a subcontractor beneath them.
- SubcontractorsAnother trade on the site whose carelessness caused your injury.
- Property ownersUnder premises liability, for a dangerous condition on a site they control.
- Equipment & product manufacturersUnder product-liability law, for a defective machine, tool, or part.
- Negligent driversWhen you're hurt in a vehicle while working or running a job errand.
- Materials & maintenance companiesFor supplying unsafe materials or negligently servicing equipment.
The Scaffold Law is on your side.
New York's Labor Law 240 — the "Scaffold Law" — is one of the strongest worker protections in the country, and it exists in no other state. It holds property owners and general contractors absolutely liable for gravity-related construction injuries: falls from ladders, scaffolds, and roofs, and injuries from falling objects.
You don't have to prove anyone was negligent — only that proper safety equipment wasn't provided and it caused your injury. And unlike almost every other injury case, your own fault generally isn't a defense. It protects union, non-union, subcontracted, and temporary workers alike, regardless of immigration status — and it can be pursued right alongside your workers' comp. Related section 241 adds protections for demolition and excavation work.
This is why serious New York construction cases are often worth many times what workers' comp alone would pay.
How workers get hurt.
- Falls from heightsScaffolds, ladders, and roofs — the leading cause of construction deaths.
- Struck by falling objectsTools, materials, or debris dropped from above.
- Machinery & "caught-in" accidentsUnguarded equipment, presses, and moving parts.
- Electrocution & burnsLive wires, faulty wiring, and arc flashes.
- Vehicle & equipment accidentsForklifts, work trucks, and heavy equipment on the job.
- Repetitive stress & toxic exposureOccupational injuries and illness that build over time.
What's at stake.
Workplace and construction accidents produce some of the most catastrophic injuries we handle — the kind that change what work, and life, look like:
- Traumatic brain injury
- Spinal-cord injury & paralysis
- Amputation & crush injuries
- Multiple fractures
- Severe burns
- Occupational illness
- Wrongful death
What you should know.
Two years to file — usually. A third-party personal-injury claim generally must be filed within two years under N.J.S.A. 2A:14-2, and workers' comp carries its own deadlines and notice rules.
Your comp and your lawsuit are coordinated. If you recover from a third party, the workers' comp insurer may be owed reimbursement for part of what it paid. We manage that so your benefits stay protected and you keep as much of your recovery as possible.
Suing your own employer is rare. New Jersey's exclusive-remedy rule generally blocks it — unless the employer committed an "intentional wrong," a deliberately high bar. That's exactly why identifying third parties matters so much.
Serving New Jersey & New York.
From our offices in Elmwood Park and Brooklyn, we represent injured workers throughout Bergen County and the greater New York metro area, including:
Verdicts and settlements shown were obtained by attorneys at Whittel & Melton and are presented with permission. Prior results do not guarantee a similar outcome.
Work-injury questions, answered.
If I'm hurt at work, is workers' compensation my only option?+
Often no. Workers' comp is usually your only claim against your employer — but if someone else caused your injury (a contractor, property owner, equipment manufacturer, or driver), you may also have a separate third-party lawsuit for full damages, including pain and suffering, on top of your comp benefits.
What's the difference between workers' comp and a third-party lawsuit?+
Workers' comp pays medical bills and about 70% of your wages regardless of fault, but nothing for pain and suffering — and you can't sue your employer. A third-party claim is against whoever else caused the injury; you must prove negligence, but you can recover 100% of your losses plus pain and suffering. The two run in parallel.
Can I recover for pain and suffering after a work injury?+
Not through workers' comp — it doesn't pay for pain and suffering. But if a third party was responsible, a personal-injury claim against them can. That's usually where the real value of a serious work-injury case is, and it's the part a workers' comp claim alone leaves on the table.
Who can be a "third party" in a work-injury case?+
Anyone other than your employer or a co-worker whose negligence contributed — a general contractor, a subcontractor, the property owner, the maker of a defective machine or tool, a driver who hit you while you were working, or a company that supplied unsafe materials.
I'm a construction worker in New York — what is the Scaffold Law?+
New York's Labor Law 240 (the "Scaffold Law") holds property owners and general contractors absolutely liable for gravity-related construction injuries — falls from ladders, scaffolds, or roofs, and injuries from falling objects. You don't have to prove they were negligent, and your own fault generally isn't a defense. It's one of the strongest worker protections in the country, and it lets you recover far more than workers' comp alone.
Can I ever sue my own employer directly?+
Rarely. New Jersey's exclusive-remedy rule generally bars it — unless the employer committed an "intentional wrong," meaning they knew an injury was substantially certain to happen. That's a high bar, which is why most cases focus on third parties instead.
Will filing a third-party lawsuit hurt my workers' comp benefits?+
No — you can pursue both. If you recover from a third party, the workers' comp insurer may be entitled to reimbursement for some of what it paid. We coordinate the two so your benefits are protected and you keep as much of your recovery as possible.
How long do I have to file?+
A third-party personal-injury claim generally must be filed within two years under N.J.S.A. 2A:14-2, and workers' comp has its own deadlines and notice requirements. Evidence at a worksite disappears fast, so it's best to call right away.
Tell us what happened.
A few quick questions is all it takes. No cost, no obligation, and everything you share is kept strictly confidential.
We respond to every request within one business hour.