NJ employment law, workers compensation law, injured employee's rights against employer

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NJ employment law, workers compensation law, injured employee's rights against employer

Anonymous Sep 18, 2008 Business 2 views 2 answers

I work in NJ as a truck driver delivering oil to various locations and was injured on the job. My workers compensation has run out but the doctor did not relase me to return to work. I no longer receive payment from workers' compensationl. I had hired a lawyer to review my situation since I feel the injury was due to brokern equipment on the truck. No papers have been filed against my employer as of yet. I have just recieved notice of my employer terminating its business in less than 30 days. Can my layer file a lawsuit against the company once they close the buinsess?

Kurt Raatzs · Accepted Answer · 2026-06-15T10:24:55+00:00

Kurt Raatzs

Kurt Raatzs · Jun 15, 2026

Yes, but if they file bankruptcy, you may be out of luck.

0 upvotes

Kevin Riefenstahl · Accepted Answer · 2026-06-15T10:24:55+00:00

First, workers' compensation is what is known as as strict liability. That is to say that that the fact that there was broken equipment on the truck is not relevant as far as workers' compensation goes. If you were injured and your injury arose out of and in the course of your employment, you are entitled to benefits. There are other issues raised in your question but I will only address the question you asked. Yes, your lawyer can file a claim against your employer once they are out of business. Your employer was required to carry workers' compensation insurance and the carrier would defend the claim and make any payments to you despite your employer ceasing to be a going concern. Finally, in New Jersey you must file your workers' compensation claim within two years of the injury.

NJ employment law, workers compensation law, injured employee's rights against employer

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