Workers Compensation Attorneys in New Jersey
About Workers Compensation
If you are injured at work in New Jersey, there are certain things that you should immediately do to protect yourself. After seeking the needed medical care, you should report the injury to your employer. Then either you or the employer should report that injury to the workers’ compensation insurance carrier. If you were injured on the job, you have certain rights, assuming that the injury was not intentional or the result of, for example, a fight with another employee.
You have a right to have your medical treatment paid for and provided by authorized doctors in your workers’ compensation coverage. You have a right to get paid, to a certain extent, for the wages that you lose as a result of being injured at work. Very often, you have a right to receive a lump sum recovery at the very end, depending on the permanent nature of your injuries. In New Jersey, a workers’ compensation court protects people who are injured on the job. If you find yourself in need of workers’ compensation, you will have to file a Worker’s Compensation Claim Petition with the State of New Jersey, Department of Labor.
Under New Jersey workers’ compensation law, if you have a valid workers’ compensation claim, your employer is obligated to pay you seventy percent of your gross weekly income. You must be out of work for seven consecutive days in order to receive the temporary disability payments. You must have proof, through a doctor note or prescription, that you do not have the ability to work for a set period of time.
However, that’s only part of workers’ compensation. If you’re on the job and injured because of someone else’s negligence, not related to your employer, you have the right to make a negligence claim against that individual or company. In that case, you must demonstrate the person exposed you to an unreasonable harm and that you were injured by that unreasonable harm. You can collect pain and suffering, economic damages, and future loss in terms of loss of earning capacity; you can collect compensation, for things of that nature, through the negligence claim.
When you’re dealing with workers’ compensation and negligence, remember, they are intertwined. They are intertwined in the sense that if you collect money in the negligence claim, you must reimburse your employer. Your employer is paying you whether anyone is negligent or not, so if you’re able to recover from someone who caused the employer to pay you, then you have to reimburse them. That’s called your employer’s workers’ compensation lien.
The intricacies of the workers’ compensation lien and the recoveries in negligence are confusing and technical. Sometimes, it takes a great deal of finesse in negotiating liens and dealing with adjusters and those responsible for collecting those liens. It is important that if you find yourself injured in an incident that involves workers’ compensation and it involves a liability action, such as a construction accident, that you consult a personal injury lawyer who has experience and who has handled such cases in the past. It is to your benefit. At the law offices of DiLeonardo Law, we are here to assist.
Any workplace should have systems in place to create a safe environment for its employees, but it is always important to know what you should do if a workplace accident or injury does occur. The most important step to take when involved in a workplace accident is to report it as soon as possible. Occasionally, if an injury doesn’t require immediate medical attention at the time of an accident, people delay reporting the injury. Even if an injury does not feel very serious when your accident occurs, reporting the incident right away can prevent many future issues regarding compensation.
Your private insurance provider will not cover work related injuries because in New Jersey, workers are entitled to three Worker’s Compensation benefits in the event of an accident: medical treatment provided by your employer, temporary disability benefits, and a financial award based on the severity of permanent injury. Failure to report an injury immediately can result in your employer claiming that you were injured outside of work, or even that your accident never occurred at all. Report your injury in writing and/or with a reliable witness present to ensure that you don’t face pushback when attempting to claim your benefits from your employer. Co-workers may also be a helpful asset in confirming the occurrence of your accident. After an injury, recovery can be a difficult process, so though you may eventually receive your benefits if you are late reporting an incident, your stress will be greatly reduced if you follow these guidelines and report early.
WHAT IS COVERED BY WORKERS COMPENSATION?
When you are injured at work, the first thing you need to know is what types of expenses workers compensation insurance can cover. Workers’ compensation insurance is mandated by law to be provided by every employer. Whether or not your employer was responsible for your injury, they are required to make workers’ compensation payments to support you through your recovery.
Workers’ compensation is intended to cover injuries resulting from either an employees’ or employers’ carelessness. Almost any injury can be covered, with the exception of injuries that occur when an employee is under the influence, injuries that are self-inflicted, injuries that occurred in violation of law or policy, and injuries that occurred when an employee was not working. Workers’ compensation insurance covers costs for medical care, replacement income, costs for retraining, compensation for permanent injuries, and benefits to families of workers who have been killed on the job. An important point to remember is that if compensation is collected, the employee cannot sue the employer.
We Will Help You Every Step Of The Way
After being injured in the workplace, filing your workers’ compensation claim and collecting your benefits is something you should do as soon as possible. DiLeonardo Law wants to help you with your workers’ compensation claim so that you can be relieved of stress while you recover from your injury. Contact one of our experienced attorneys today.