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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
Every year, New Jersey workers are injured in warehouses, factories, hospitals, restaurants, offices, and on the road — not just on construction sites. If that happened to you, you have almost certainly heard about workers’ compensation. What you may not have heard is that workers’ comp is often only part of what the law allows you to recover.
When someone other than your employer contributed to your injury — a property owner who ignored a hazard, a contractor from another company, the maker of a defective machine, or a careless driver who hit you while you were working — you may have a third-party personal injury claim on top of your workers’ comp benefits. Those claims can recover what workers’ comp never pays: pain and suffering, full lost wages, and damages for permanent disability and disfigurement. The Epstein Law Firm, P.A. helps injured New Jersey workers identify every available claim, because the difference is often enormous.
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The Epstein Law Firm can review your workplace accident claim and explain the evidence, deadlines, and next steps that may apply.
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New Jersey’s workers’ compensation system covers nearly every employee hurt on the job. It pays for authorized medical treatment, temporary disability benefits while you cannot work, and permanency awards for lasting injuries. It is no-fault: you do not have to prove anyone did anything wrong. In exchange, you generally cannot sue your own employer for more.
The second track — a third-party personal injury lawsuit — is available when someone other than your employer caused the harm. A delivery driver hit by a negligent motorist while making rounds. A warehouse worker crushed by a forklift the leasing company failed to maintain. A nurse injured by a defective patient lift. A factory worker hurt by a machine missing its safety guards. In each case, the at-fault third party can be sued for the full measure of damages: complete lost wages, pain and suffering, and compensation for permanent injury.
These two tracks run at the same time, and neither reduces the other unfairly. But third-party claims have a strict two-year lawsuit deadline, and the evidence — maintenance logs, surveillance footage, the machine itself — disappears quickly. Early investigation is everything.
Third-party liability turns on one question: did someone other than your employer create or fail to fix the danger? Common examples include:
Each liable third party is a separate source of full compensation — including pain and suffering and complete wage loss that workers’ comp does not pay. Identifying them requires knowing where to look: contracts, maintenance records, inspection histories, and delivery logs. If no one looks, no one finds them — and the claim dies with the evidence.
The Epstein Law Firm can evaluate your injuries, identify all liable parties, and explain the compensation you may be owed.
Two clocks matter most. The lawsuit deadline: N.J.S.A. 2A:14-2 generally gives you two years from the accident to file a third-party personal injury lawsuit — miss it and that claim is gone forever. The workers’ comp notice deadline: tell your employer as soon as possible; delayed notice gives the insurer room to dispute that the injury happened at work.
Claims against public employers or public property can carry far shorter notice requirements. And the practical deadline is always sooner: surveillance footage is overwritten, machines get repaired, and witnesses’ memories fade within weeks. Act quickly.
The Epstein Law Firm, P.A. brings more than 120 years of combined legal experience to New Jersey injury cases, including workplace accidents across every industry — warehouses, healthcare, manufacturing, retail, transportation, and offices throughout Bergen, Essex, Passaic, and surrounding counties. Learn more about how workers’ compensation claims work, and how we pursue the third-party claims most injured workers never hear about.
We handle workplace injury cases on contingency: no attorneys’ fees unless we recover compensation for you. Contact us today for a free consultation.
The Epstein Law Firm can protect your rights, handle the legal process, and pursue the compensation you deserve.
Bring what you have — come as you are if you do not:
Selected case results obtained by The Epstein Law Firm:
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Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
“Working directly with April, I found her to be professional, responsive & honest about the process. It was a difficult journey that was made easier by her expertise & support. I highly recommend April and this law firm for anyone seeking representation.” — Amad, Google review
“Ms. Gilmore was very attentive with my case and walked me through it with ease. We had lots of laughter and even tears at times because I felt she put everything into achieving the best possible outcome for my benefit. I was able to relax and depend on her knowledge and expertise of the law.” — Patricia, Google review
Below are answers to common questions about workplace accident claims in New Jersey. This information is general and not legal advice — contact our office for guidance about your specific situation.
Workers’ compensation is a no-fault insurance system that pays medical bills, a portion of lost wages, and permanency awards when you are hurt on the job — but you generally cannot sue your employer for more, and it pays nothing for pain and suffering. A workplace injury lawsuit (a “third-party claim”) is a negligence case against someone other than your employer, such as a property owner, equipment manufacturer, or negligent driver.
The two are not either/or. You can collect workers’ comp benefits and pursue a third-party lawsuit at the same time. The lawsuit is where full compensation lives: complete lost wages, pain and suffering, and damages for permanent disability and disfigurement.
Sources: NJ Department of Labor — Workers’ Compensation Information; OSHA — Worker Rights and Protections.
Yes. Workplace injury law covers every industry — warehouses, factories, hospitals, restaurants, retail stores, offices, and workers on the road. Wherever you were hurt doing your job, you are entitled to workers’ compensation benefits, and you may have a third-party claim if someone other than your employer contributed to the accident.
Some of the strongest third-party cases come from non-construction settings: defective machinery in factories, negligently maintained forklifts in warehouses, property hazards in stores and hospitals, and auto crashes involving delivery drivers. The industry does not determine your rights — the facts do.
Sources: OSHA — Worker Rights and Protections; NJ Department of Labor — Workers’ Compensation Information.
Under the federal Occupational Safety and Health Act, employers must provide a workplace free from recognized hazards — the “general duty” — and comply with specific OSHA standards for their industry covering machine guarding, hazard communication, powered industrial trucks, electrical safety, and more. Employers must also provide required safety training and protective equipment at no cost to you.
You have the right to working conditions that do not pose a risk of serious harm, to receive safety information and training in a language you understand, and to file a confidential complaint with OSHA asking for an inspection. If you were hurt because your employer ignored these duties, that evidence strengthens both your comp claim and any third-party case.
Sources: OSHA — Worker Rights and Protections; OSHA — How to File a Safety Complaint.
For a third-party personal injury lawsuit, generally two years from the date of the accident under N.J.S.A. 2A:14-2. Workers’ compensation has separate deadlines: notify your employer promptly, and be aware that formal claim petitions have their own time limits under the Workers’ Compensation Act. Delay on either track gives the other side room to dispute your claim.
Claims involving public employers or public property may require a Tort Claims Act notice within 90 days. Because different deadlines govern different parts of your case, get legal advice early rather than guessing which clock applies.
Sources: NJ Legislature — N.J.S.A. 2A:14-2 Statute of Limitations Text; NJ Law Revision Commission — Statutes of Limitations Report.
No. It is illegal for an employer to retaliate against you for reporting an injury, filing a workers’ compensation claim, or raising safety concerns — including firing, demotion, pay cuts, or threats. OSHA’s whistleblower protections and New Jersey law both provide remedies if retaliation happens.
Retaliation still happens, particularly against workers employers assume will not push back. Document everything: who said what, when, and who witnessed it. Keep copies of write-ups, schedule changes, and termination notices. Then contact a lawyer immediately — retaliation claims have their own short deadlines.
You likely have a product liability claim against the manufacturer — and potentially against the company that sold, installed, or maintained the machine. Manufacturers have a duty to design safe equipment, install adequate guards and warnings, and warn of known dangers. When a press, conveyor, saw, or lift injures a worker because of a design or manufacturing defect, the maker can be held liable regardless of what your employer did or did not do.
These cases are evidence-sensitive: the machine itself, its maintenance history, prior incident reports, and any modifications or removed guards all matter enormously. Do not let the machine be repaired, scrapped, or returned to the rental company before a lawyer has had the chance to preserve it.
You are still entitled to workers’ compensation — the no-fault system covers you regardless of whose mistake caused the accident, including a coworker’s. What you generally cannot do is sue the coworker personally; like your employer, fellow employees are usually protected by workers’ comp exclusivity, except in rare cases of intentional wrongdoing.
But a coworker’s carelessness often points to a third party worth suing: the staffing agency that employed them, the contractor whose employee they were, the company that trained them, or the manufacturer of the equipment they were using. An investigation looks past the individual to the companies responsible for the conditions.
Sources: NJ Department of Labor — Workers’ Compensation Information; NJ Division of Workers’ Compensation.
Three main categories: all authorized medical treatment for the work injury, temporary disability benefits (generally 70 percent of your average weekly wage, subject to statewide minimums and maximums) while you cannot work, and permanency awards when the injury leaves lasting impairment. In fatal cases, dependency benefits go to surviving family members.
What it does not pay is equally important: nothing for pain and suffering, nothing for the gap between 70 percent and your full paycheck, and nothing for lost enjoyment of life. Those losses are recoverable only through a third-party claim — which is why identifying liable third parties matters so much.
You still have rights. New Jersey requires nearly all employers to carry workers’ compensation insurance, and the state maintains an Uninsured Employer’s Fund to pay benefits when an employer illegally goes without coverage. You can also sue an uninsured employer directly in civil court — and uninsured employers lose the usual workers’ comp immunity defenses.
Do not assume you are out of luck because your boss “doesn’t have insurance” — that fact often improves your position rather than hurting it. Report the situation to the Division of Workers’ Compensation and speak with a lawyer about both the Fund claim and a direct lawsuit.
Sources: NJ Division of Workers’ Compensation; NJ Department of Labor — Workers’ Compensation Information.
Nothing up front. The Epstein Law Firm handles workplace injury cases on contingency: no attorneys’ fees unless we recover compensation for you, with the fee coming out of the recovery rather than your pocket. If there is no recovery, you owe no fee. Contingent fee arrangements in New Jersey are governed by the Rules of Court.
The consultation is free, and early advice protects your deadlines — the two-year lawsuit statute of limitations and the workers’ comp notice requirements both reward prompt action. There is no financial reason to wait.
Sources: The Epstein Law Firm — New Jersey Workplace Accident Lawyers; NJ Courts — Rules of Court.
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The Epstein Law Firm
The Epstein Law Firm