A workplace is supposed to offer maximum comfort. An employer should take into account the safety of their employees, their well-being, and satisfaction. After all, it is things like these that offer the most productive results from the employees, while keeping them happy. It is a win-win situation.
Unfortunately, things are not that simple in the corporate world. A majority of the companies are spiraled into a mess that has brought the efficiency of both the company and the employees down. For workers’ compensation in New Jersey, employees have occasionally been found complaining about their employers not offering them benefits despite an injury caused at the workplace.
Why Is It Important?
Workers’ compensation benefits is a program that makes employers pay for your medical expenses in case you get injured while doing a work-related activity. It offers many benefits to the employees. Some of the key advantages are the following:
The foremost advantage of the program is that you don’t have to pay a dime if you are injured at work or while doing something related to your job. A lot of people think that this covers augmented expenses as well. However, the employer is only entitled to pay for the core medical expenses that are necessary for treatment.
This may include anything from visiting a doctor to undergoing a therapy for a longer period of time. Unlike popular belief, it is not actually the employer paying every penny out of its pocket. In the Workers’ Compensation, your employer is in a contract with an insurance company that is essentially paying for your treatment.
If the injury caused by the workplace results in a short-term disability that impedes you from working, you will be covered for all the wages lost up till the point you are able to get back on the job. As per the law of New Jersey, you get 70% of your income with a maximum weekly limit of $896.
On the other hand, in case a permanent disability occurs due to the accident, you are compensated according to the schedule of injuries set for New Jersey. This schedule decides the total amount of benefits that you will get based on the intensity and area (body part) of injury. This schedule also enlists the time period for which you will be compensated by these benefits.
Making an Appeal
In New Jersey, if an employer denies you Workers’ Compensation benefits, you have the right to make a legal claim. New Jersey handles these claims with either a formal hearing or an informal one. In the case of the former, you will be required to file the claim within two years of the last date you received a certain benefit from your employer, or prior to the completion of this two-year period from your injury.
A hearing will take place which will take into account the evidence you have to prove that the employer has not given you your rights. It will be similar to a trial.
On the other hand, an informal appeal takes you to an informal hearing. Both parties will present their cases to an official judge, and taking into account all the evidence, the judge will give his/her decision. However, since the hearing is informal, both parties have the authority to reject the recommendation made. This normally leads to a formal hearing.
When Will Your Case Be Denied?
Just because you have made a claim against your employer doesn’t guarantee getting your workers’ compensation rights in New Jersey. The chances of this happening are especially high if your employer pleads their case with a professional lawyer. This is usually why it is recommended that you hire a Workers’ Compensation Lawyer in order to win your claim.
Following are certain circumstances when your claim could be rejected straight away.
- According to the New Jersey state law, if you don’t file a claim within ninety days of your injury, you will lose your right of claiming the benefits altogether.
- You will lose your claim if your employer proves in the hearing that the injury was not related to your job in any way. This usually happens in the case of not having a legal representation at your back.
- In New Jersey, if you acquire medical treatment with a doctor of your own choice, you will lose the right to claim your Workers’ Compensation benefits. Your employer’s insurance agency or the employer itself will recommend the doctor for the treatment of your injury.
Other Alternatives of Settlement
If you or your employer want to avoid the legal issues, there is an alternative. However, there are little to no cases in New Jersey where such off-court settlements work. The reason is that employers are often found guilty and try avoiding the court by offering you a settlement offer. However, if you have a Workers’ Compensation Lawyer for assistance, you will have a clear picture of the benefits your employer owes you as opposed to the ones he or she is settling the matter for.
Hiring an Attorney
Workers’ Compensation Appeals in New Jersey can be very complicated. If yourself or someone you know has been injured on the job and your workplace is failing to take responsibility, you’re not alone. Here a Goldberg and Wolf, we are proud to serve Cherry Hill and the surrounding areas. If you or a loved one needs help in fighting to get what you deserve, contact us or call 865-651-1600.