The United States has a set of laws and regulations on every subject. However, there are areas where people often face issues despite being supported by the law. One common example in this regard is related to the accidents that happen at work.
It is very commonly witnessed that employers don’t offer their employees the benefits set for them by law. For the most part, employees do not react adversely to this, due to the lack of sufficient information. Not many people know that a Workers’ Compensation Act is legally in place. This makes an employer reliable for paying you in case you got injured at work.
If you are also going through a similar situation, the first thing to do is to educate yourself regarding the rights you have. The following section briefly introduces you to the rights that you have in case you get injured at your workplace. Following that will be a step by step guide as to what you should do in this regard.
Workers’ Compensation Benefits
First off, you need to know that there is an Act named the Workers’ Compensation Act that makes your employer liable to pay you in the case of any injuries you have faced at work. According to the act, all employers are required to offer their employees with WC. This requires the employer to pay a small fee on your behalf at regular intervals and the case of any incident, the WC benefits help pay your medical bills for the most part.
To place it in a nutshell, if you are hurt at work, you have the right to claim the medical expenses from your employer. If he or she has offered you the WC benefits, then there usually is no problem in claiming them. The issue mainly arises, though, when an employer fails to give you the rights promised by law.
What Is Covered?
Bear in mind that not every employee is eligible to seek the benefits from WC. Those that are eligible get compensation for the time they spend off from work due to the injury. The injury may be any temporary or permanent disabilities that might have occurred due to the accident at work. The calculation of the benefits tends to vary between states, though.
What Should I do?
Now that you have an insight into your rights regarding the Workers’ Compensation Act, you should take the following steps in order to cope up with the situation.
Start off by reporting the injury that you have had at work. This may include but is not limited to, trauma, hearing impairment, or any disease. Make sure you bring the accident into your employer’s knowledge as soon as possible. Furthermore, also ensure that you have proof of contacting the employer.
Once you have reported your case to the employer, he/ she will prepare a letter addressing the accident. You are required to visit a medical practitioner that is recommended by your company. The reason why it is important is that visiting a different doctor will weaken your case. Also, the employer will only be held liable to pay if the doctor is the one chosen by the company.
Hire an Attorney!
Although there is no harm in representing yourself, hiring an attorney tends to be a far better alternative in most cases. For one: workers’ compensation lawyers are professionals in their field and can help you get the benefits of WC, especially if the employer backs off! Furthermore, the job also becomes a whole lot easier as an attorney helps to prepare the documents and strengthens your case as much as possible.
You may also file a petition and choose another doctor in case the one recommended by your employer does not offer adequate medical care. A lawyer also helps you greatly in backing such a case.
Did you know that it is quite common for the judges to settle the case with a certain adequate payment, even if it doesn’t cover the entire treatment and benefits? In case you are not satisfied with the resolved claim, which is, of course, subject to your employer backing off and not giving you your rights, you can challenge the court’s decision with the help of your hired attorney.
Workers’ compensation lawyers are experts in making your case stronger; making sure that your injury at work is properly compensated for. If you are not happy with your compensation claim, challenge it! It is as simple as that. Unless the amount is irrational for the claim, you are likely to have the case go in your favor.
New Jersey Law
Different states in the US have different rules and regulations regarding workers’ compensation. In New Jersey, almost all of the employers are required to offer their employees with WC benefits. In addition to that, the state requires you to file a petition within two years of your injury—in case you are in contradiction with your employer. The hearing will take place anywhere between one to six months, which is where a lawyer can be of great help to plead your case.
Have you been hurt at work in New Jersey? Hire The Law Offices Of Goldberg & Wolf LLC. They are often deemed as some of the finest WC law attorneys in New Jersey. You can get in touch with them by dialing (856) 651-1600. To meet a workers’ compensation lawyer in-person, visit 1949 Berlin Road, Suite 201 Cherry Hill, NJ 08003.