BERGEN COUNTY ACCIDENT LAWYER CASE: WAIVING YOUR RIGHT TO SUE
A Bergen County accident lawyer often represents a client who suffered a work injury. Sometimes, the attorney can file a lawsuit against more than one party.
For example, say a defective machine injured the client. The Bergen County accident lawyer will file a worker’s compensation claim against the client’s employer. Indeed, unless the employer virtually purposely injured the client, the client’s remedy against his employer and any co-employee is limited to a worker’s compensation claim.
However, the lawyer can also file a conventional lawsuit against other parties responsible for the client’s injury. For example, the Bergen County accident lawyer can sue the manufacturer of the defective machine. Or the lawyer can sue an outside maintenance company that failed to properly maintain the device.
Often, the victim can recover much more from a claim against a negligent third-party than he could against his employer in worker’s compensation.
Here’s another example. Suppose the lawyer’s client slips on ice while working at the facility of a client of his employer. Again, the worker likely has a worker’s compensation claim against his job. But he also may have a negligence claim against the site owner, for failure to promptly clear the ice.
However, suppose the employer of the client of the Bergen County accident lawyer forced the client to sign a waiver when the client took the job. A waiver that states that the worker gives up his right to sue any client of the business. Would such a waiver prevent the worker from suing, say, the owner of the icy premises in my preceding example?
A New Jersey appeals court has ruled that such a waiver is against public policy. Therefore, it is not legally enforceable. It is void.
What This Means for You.
Accordingly, if you are ever injured at work because of the negligence of someone other than your employer, you are not limited to bringing a worker’s compensation claim against your employer. You generally can also sue anyone else who negligently injured you. Even if your job made you sign a waiver to the contrary.