The State of Workers’ Compensation Law in New Jersey

A large part of our adult lives revolves around work. It goes as deep as new friends, a comfortable living situation, and many other things. This all sounds good, but unfortunately, not everything is great at all times. Even though work helps us achieve a lot of things we want to do it can also cause us pain and suffering.

One of the most common issues experienced with work are work-related injuries. Let’s face it no one thinks it is going to happen to them and nobody hopes of getting injured at work.

According to the US Department of Labor, in 2015, the number of people killed on the job was 4,836… that amounts to 13 people a day. Injuries as a result of fatal four (falls, struck by an object, electrocution, and caught-in/between) stood at 4,379.

If you’ve ever been through a work-related injury, I’m sure your mind was full of doubts about how you would support your family. Eligibility for workers’ compensation and the amount are generally the prime areas of concern for employees with work-related injuries.

Thankfully the Workers’ Compensation takes care of your deepest concerns. The Act defines it as a “no fault” insurance program where the injured worker has the right to the following:

  1. Medical Benefits
  2. Temporary Total Benefits
  3. Permanent Partial Benefits
  4. Permanent Total Benefits

 

Legal or documented immigrants and workers do not have much to worry about. The process of filing a claim in generally straightforward and they can receive the mandated compensation.

It is the undocumented or illegal workers who worry about receiving compensation in case of a work-related injury. The first thing that goes through their mind is the fear of being deported as they aren’t legally authorized to work in the country.

And if they are deported, will workers’ compensation be of any help? And, so many undocumented workers don’t voice their rights out of fear of losing their right to work, and being deported.

Although various raids across the state of New Jersey has been rounding up hundreds of illegal migrant workers, the state remains liberal when it comes to the workers’ compensation. According to the NJ Workers’ Compensation Law, one is eligible for compensation even if he/she is an undocumented worker.

New Jersey courts have held that the effect of one’s immigration status has no bearing on the work-related injury suffered or the need, or right, to medical treatment for an injury suffered during employment.

In a landmark judgment in the case Fernandez-Lopez vs. Jose Cervino, Inc., 288 N.J. Super. 14 (App. Div. 1996), the Court ruled that an illegal alien status does not make a person ineligible according to the New Jersey Workers’ Compensation Act. The Court also said, “Unless and until the Legislature expressly excludes undocumented aliens from workers’ compensation benefits, the compassionate public policy which animates this social legislation favors inclusion of all injured workers not specifically excluded by the Legislature.”

In the current scenario, the Department of Homeland Security, ICE and various enforcement authorities have stepped up vigilance, in efforts to curb illegal immigration and employment.

 

Though there hasn’t been any drastic change in laws that govern workers’ compensation, if you were injured at work, it’s very important to seek the help of an experienced lawyer before filing for compensation. It’s good to have someone on your side when you’re going through a lean phase in your life.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Need Help?

If you or someone you know was injured at work the good attorneys at Goldberg & Wolf can help. Our attorneys have helped thousands of injured workers secure the right they deserve and need. You contact us today or call 856-651-1600.

Keep in mind that workers’ compensation law differs from state to state, if you were injured in the state of Pennsylvania reach out to our good friends at Krasno Krasno & Onuwdinjo.

Do Not Let a Pre-Existing Condition Stop You From Filing a Claim!

When you are hired for a new job, the employer hired you as you are, meaning your new boss hired you despite the fact you have a pre-existing condition. What pre-existing condition do you ask? Are you a diabetic? Have a bad back? High blood pressure run in your family?

We all have a pre-existing condition; some are just more evident than others. It is up to you to disclose if you have a pre-existing condition, but the smart choice is to let your new employer know about it, especially if your position changes.

For example, you can be promoted to warehouse foreman, and it requires you to lift boxes to inspect them, and you had thrown out your back a few years ago. Or, you assume more job responsibilities because a co-worker is out for an extended period of time.

You could be doing work-related activities that might re-break a broken your tibia from an old workplace injury. If you do file a claim and fail to disclose the pre-existing injury, your claim can be denied. But you shouldn’t be afraid to file a workers’ compensation claim because of the pre-existing condition.

Many workers are afraid to file a claim because of their past medical history. These medical records can contain a number of pre-existing injuries that wouldn’t cross our minds, such as broken bones, obesity (or being overweight) or COPD. There is always the chance that a new work-related injury could aggravate or exacerbate the pre-existing condition.

For example, if you have COPD and you inhaled fuel vapors from a liquid-fuel tool. This can cause a flare up of the COPD. The key is determining if the pre-existing injury is connected to the new work-related injury. The worker would need to ascertain that the current pain for the new injury is not residual pain from a pre-existing injury.

It is important that workers know that they cannot be barred from receiving workers’ compensation benefits. However, the claim can be reduced, and the worker could receive only compensation for the increase in the permanent impairment. A pension can also be affected by the claim. It is vital that you get a workers’ compensation attorney as soon as possible to retain all of your benefits.

In the current debate on health care and pre-existing conditions, the plan that is to replace Obamacare will have fewer protections, but it won’t allow insurers to deny coverage to those with a pre-existing condition. That’s the good news. The bad news is insurers could charge higher premiums for those without continuous coverage, but only for a year. This could mean that workers who work construction in areas of the United States where projects only happen two or three out of the four seasons. They might only have health insurance from employer to employer, from project to project.

What’s an IME and How Does it Affect a Workers’ Compensation Claim?

An independent medical examination (IME) can be arranged during a workers’ compensation claim and is done by a third-party doctor. This is when the worker’s doctor and the insurer’s doctor do not agree with the medical report.

In New Jersey, an IME can be done at any location within the state. Although a worker cannot have his or her attorney present at the IME, he or she can have their physician present. A worker can have more than one IME; however, the worker cannot miss one. Also, an IME is not binding in court, but it can sway the outcome in your favor.

If you have a pre-existing injury that has been made worse by a new injury, it is vital that you seek a work injury lawyer immediately. It is also beneficial to your case if you have witnesses, took notes of the accident and reported the accident to your employer as soon as it happened.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Contact Us!

At Goldberg & Wolf, we have helped thousands of workers in New Jersey get the compensation they deserve because we specialize in workers’ compensation law and walk you through each step of the case. Contact us today or call at (856) 651-1600 if you have questions and need to file a claim.

Getting Hurt at Work: Do I File Workers’ Comp or Personal Injury Claim?

Most people do not realize that what workers’ compensation and personal injury lawyers do in a courtroom are very similar actions from a legal standpoint.

Workers’ compensation was created in the 1920s to protect workers who were hurt on the job. Workers’ compensation health insurance was a program designed to protect employers and pay the worker’s medical bills, recover lost wages and secure the worker’s job. Like worker’s compensation, personal injury also helps an injured individual pay for medical bills and lost wages, but it also pays for pain and suffering.

The major difference between the two is that a workers’ compensation claim can arise regardless of fault, whereas personal injury requires the fault of a third party. There may be times when it seems difficult for a worker to decide when to sue for personal injury or when to file a worker’s compensation claim.

Filing a Personal Injury Claim

A worker can decide to sue a manufacturer instead of filing a workers’ compensation claim when the accident is caused by a defective product or piece of equipment on the job. For example, a worker was working underneath a generator in a power plant.

The worker was wearing a harness, but the harness got caught in the shaft. The injury occurred because there was no safety collar around the flange. The worker can sue the manufacturer of the shaft for product liability (in addition to workers’ comp).

Another example is when if a worker is working on the floor of the waste treatment plant and he stepped on a trap door that sprung open due to a faulty latch, causing the worker to fall through the opening 30 feet to the floor below.

The worker can sue the company that supplied the springs. The company had the wrong springs there, and the construction manager did not take the correct steps to fix the opening of the trap door when he first found out about it. The construction company was found liable.

When you are going to file a personal injury claim, you should find an attorney who specializes in this practice area. The lawyer should be well-versed in torts and have the experience of going up against large corporations.

Filing a Workers’ Compensation Claim

There are times when an employee should file a workers’ compensation claim. When on a job site, a worker can fall from a ladder or slip on the floor. There is usually no property damage when this occurs.

For example, a mechanic is walking across a service bay and slips on oil left on the floor from a car that had just driven through it. The mechanic fell and hurt his back. Another example is when a worker is diagnosed with a job-related illness such as mesothelioma and black lung.

When you are going to file a workers’ compensation claim, you will need to find a work injury lawyer, especially one who is local to your area. The lawyer will have an intimate knowledge of workers’ compensation benefits as well as have a thorough understanding of your job responsibilities, company, and workplace safety regulations.

The attorney will also know what to do if your claim is denied or disputed.

Remember, there are time limitations when you are filing a workers’ compensation claim. You should report the accident to your employer as soon as possible and then file the claim. It is crucial to keep in contact with your insurance company for any changes and to ensure the proper steps have been taken. The last thing you want to do is start the process over again due to an error that could have been avoided.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Contact Us!

At Goldberg & Wolf, we have helped thousands of workers in New Jersey get the compensation they deserve because we specialize in workers’ compensation law and walk you through each step of the case. Contact us today at (856) 651-1600 if you have questions and need to file a claim.

Things You Need to Know if You Suffered a Work-Related Injury

Dealing with a workers’ compensation claim can get very complex and time-consuming, especially if you are not familiar with workers’ compensation law. It doesn’t take much to get overwhelmed with all the moving pieces involved. You should know, however, that the New Jersey Workers’ Compensation Act exists to protect injured workers, and make sure that they are treated fairly.

What should I do first?

After suffering a work-related injury thoughts of concern flood your mind, “What do I do now?”

It is important to know that you are protected, here some simple steps and tips to follow when dealing with a work injury:

  • Notify your employer
  • Seek immediate, appropriate medical treatment
  • File your claim as soon as possible
  • Keep in touch with the insurance company
  • And think about your responses

The first thing you should do is notify your employer and seek immediate medical treatment. Notifying your employer is very important because you have a limited period of time in which you have to notify your employer and file a claim. In New Jersey, you must notify your employer within 14 days, and your employer should notify their insurance carrier within 24 hours, but if you want to file a claim against your employer you have 2 years.

One of the first things you need to do is get treatment for the injury. Depending on the severity of the injury this may be the first step you take. Any injury left untreated can get worse and can also make it seem you are not that hurt. Here is an earlier blog going into the do’s and don’ts.

Next, make sure that the proper paperwork gets filed. Your employer should file paperwork with the insurance carrier, but if they do not, you should file a claim. Even though you have 2 years to file a claim against your employer; you should get this done as soon as possible. Why wait? The faster you start receiving benefits, the better off you’ll be.

You also need to keep in touch with the insurance carrier and be on the same page with them. It would not be fun finding out that the insurance carrier terminated your benefits before you are ready.

This last one is also very important, consider your responses when communicating with the insurance carrier, their goal is to stop paying you benefits as soon as they can. Anything you say will be used against you.

It is always advised that you contact a workers’ compensation attorney, just in case. The attorney will help guide you through the process and help make sure you are being treated fairly. And, if need be also step in and fight for the benefits you deserve.

A little more on the New Jersey Workers’ Compensation Act?

The Workers’ Compensation Act protects employees in ensuring that they receive the benefits they deserve and also protects employers from direct lawsuits. Under the act, employees give up their right to sue the employer in exchange for workers’ compensation benefits.

All employers are required to have some form of workers’ compensation insurance. If the employer does not have coverage that meets state requirements or no insurance at all, they will be fined.

Can I Lose my Job if I am Injured?

The answer is no. Nearly every state has made it illegal for employers to fire employees who were injured on the job and filed for workers’ compensation.

If an employer were fire an injured worker, it could be considered retaliation, which would result in a whole mess of legal trouble. However, once the worker is healthy enough to work the employer can provide the employee with an appropriate job, that is within the scope of the employee can perform.

So, if you were injured and made a full recovery then the employer would offer you your old job back, but if you suffered a permanent impairment, then the employer would offer you a job that fits within the scope of what you can with your condition.

What Types of Damages are Recoverable?

Serious work injuries can and will have major effects on you and your family’s life. Such injuries can hurt your income, have permanent physical effects, and leave you with tons of debt and medical bills. Here are the more common types of damages you can recover, they include:

  • Medical benefits
  • Temporary disability benefits
  • Permanent partial benefits
  • Permanent total benefits
  • Death benefits

All these benefits are designed to help you and your family, in your time of need and while you recover from your injury. And in a much more serious instance, they allow your family to receive benefits, in the unfortunate instance, you were to die as the result of injuries suffered at work.

Know you are protected and are entitled to these benefits.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Need Help?

Here are Goldberg & Wolf, we understand that workers’ compensation law is complicated and hard to deal with alone. If you or someone you know has been injured at work and need help or simply have questions about what to do next, do not hesitate to contact us or call 856-651-1600.

It is also important to note that workers’ compensation law is not the same in every state. If you need help with workers’ compensation in Pennsylvania, reach out to our good friends at Krasno Krasno & Onwudinjo.

Most Common and Notable Workplace Injuries Nationwide

Work injuries are a natural occurrence and can be sustained in any setting. It is a common misconception that work injuries occur in non-office settings. This is not true, however, as falls are the most common workplace injury and office workers are 2-2.5 more likely to suffer a disabling injury from a fall than non-office workers.

Falls are not the only work-related injury that occurs; there are many other causes. Some of the more common work injuries include:

  • Overexertion
  • Slips and Falls
  • Accidents Involving Heavy Objects or Equipment
  • Repetitive Motion Injuries

These injuries account for the larger percentage of work-related injuries.

Overexertion

Overexertion is the most common work injury; it is very easy to sustain. Just like when playing sports or working out, overexertion, occurs when you pull, push, lift, hold, or in general move heavy objects. According to the Liberty Mutual Group, overexertion was responsible for about 23% of total work-related injuries.

Overexertion can cause many kinds of injuries from the simplest and most minor strains and sprains all the way to bone breaks and fractures.

In fact, back injuries are the most common results of overexertion. They can occur when you pick up something that is too heavy or get up too quickly. If left untreated, back injuries can get worse and evolve from a simple strain to tears and slipped and ruptured discs.

Overall, injuries caused by overexertion cost employers around $14 billion per year in losses. It is nearly impossible to prevent these sorts of injuries, but they can be minimized or even prevented, to a certain degree, with the proper training.

Slips and Falls

While seemingly innocent and not too serious, slips and falls are a cause for a large percentage of work injuries. According to the Liberty Mutual Group, falls on the same level and to the lower levels account for about 27% of work-related injuries nationally, racking up around $12 billion in losses for employers.

Very similar to overexertion, slips, and falls are nearly impossible to prevent, but they can be prevented by taking caution while in the workplace. Here are some precautions that can help prevent such injuries:

  • Watch for spills
  • Avoid being close to holes and open ledges
  • Be alert when walking around the workplace

Workers in all occupations and settings are in danger of slipping or falling. Falls can result in fractures, breaks, concussions, and a number of other injuries.

Accidents Involving Heavy Objects or Equipment

Unlike the previous injuries, being involved in an accident involving heavy objects or equipment is most commonly related to and occurs on construction sites. While it can happen at the office it is very uncommon, in that setting.

Injuries related to such accidents, however, still account for a good amount of workplace injuries across the country, about 7.5% and cost employers about $4.5 billion.

Similarly to falls and overexertion, while not totally preventable taking the correct precautions at work can help prevent many of them. It is important to understand that work accidents will always happen and a good workplace protocol is a very useful in preventing them.

Construction companies should have safety guidelines in place. It is extremely important to always be aware of your surroundings, especially on a construction site.

Some simple ways to help prevent these injuries are to always look around and pay attention. Injuries related to heavy objects have the potential to be much more serious and even fatal than other kinds of work injuries.

Repetitive Motion Injuries

Repetitive motion injuries occur when you perform the same tasks every day for a long period of time. One of the most common examples of a repetitive motion injury is carpal tunnel syndrome. This injury usually affects people who do a lot of work on the computer and are constantly typing.

Tendinitis is another common example. Tendinitis is usually pretty minor, resulting in minor stiffness or pain. However, if not cared for, this injury can become very severe and can potentially lead to tendon tears or even permanent damage to the joints.

If the work you do is based on a lot of repetitive motions, these can be the result. It is very highly recommended you take a small break each hour from the repetitive motion. A short rest can go a long way.

These types of injuries account for nearly 3% of the national total for work-related injuries and cost employers nearly $2 billion.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Need Help?

If you suffered any of these or any other kind of work-related injury and need help with your claim, or just want some guidance, our experienced attorney at Goldberg and Wolf are more than happy to help. You can contact us or call at 865-651-1600.

Also, it is important to remember that workers’ compensation law differs from state to state, as happy as we would be to help you we only serve the New Jersey area. However if you were injured in Pennsylvania, our good friends at Krasno, Krasno & Onwudinjo and their experienced team of attorneys will be able to help.

Appealing for Workers’ Compensation in New Jersey

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:

Medical Expenses

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.

Disabilities

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.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

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.

What to do After Suffering a Work-Related Injury in New Jersey

If you ever suffer a work-related injury in New Jersey, you should immediately report the injury to your employer and seek appropriate medical attention as soon as possible, not only can not seeking medical attention hinder your claim but it can also worsen your injury. It does not matter what your profession is work injuries can occur in all environments, even in an office setting.

New Jersey Workers’ Compensation law provides paid medical treatment, temporary disability, wage loss benefits, permanent disability benefits and death benefits. All of these are available to employees who have suffered injuries at work. Permanent disability compensation is usually for individuals who have suffered a job-related illness or are deemed to be permanently disabled as a result of their injury.

It is important to note that you qualify for only the benefits that are deemed appropriate to your situation.

The actions listed above are not the only actions that you need to take; there are other things you can do that will help.  It is important to do the rights things so that your claim is not hindered or denied simply because you did not follow the rules. Here are important things that you need to do:

  • Notify your employer as soon as possible.
  • Do not give a sworn or recorded
  • Seek immediate medical attention.
  • Do not pretend you are not hurt.

Notify Your Employer As Soon As Possible

This is important because if you do not notify your employer in a timely fashion, this includes filing an incident report. Typically, your employer will/should file a claim within 24 hours of finding. Then a claims examiner will come to interview you, your employer and witnesses, and review you claim. It is important to act quickly, so that you can begin to receive the benefits you deserve as soon as possible.

Do Not Give a Sworn or Recorded Testimony

This may seem harmless, but it is not. All and any evidence can be used against you in court. Remember, even though workers’ compensation does not come directly from your employer’s pocket, it works like an insurance policy. Insurance carriers never want to payout money unless they have to. Employers are not too happy about successful claims because their insurance premiums go up. Really the only people on side are the good attorneys at Goldberg & Wolf.

Seek Immediate Medical Attention

If you were injured at work, you may want to hold off on receiving medical treatment and hope you get better. THIS IS A MISTAKE!!! Not only will not getting prompt medical treatment hurt your claim but more important it may also result in a worsening of your injury.

A work injury just like any other injury can potentially get worse if left untreated. A minor injury can progress to a much more severe injury or even death! It is important to protect not only your health but also your potential claim. Seek medical help as soon as possible!

Do Not Pretend You Are Not Hurt 

Sometimes you may want to pretend that you are not hurt but it is a mistake, it can hinder not only your claim but also your health. Here are a few common reasons why people may pretend to not be hurt:

  • You may feel bad about hurting the employer financially.
  • You may be embarrassed about being injured or admitting that it occurred.
  • Fear of what will happen, will your employment be put at risk?

It is important to understand that you have nothing to worry about, your employer cannot retaliate against you for pursuing a workers’ compensation claim. As mentioned above, you do not have to feel bad about potentially harming your employer’s financial assets. Workers’ compensation exists to protect you, the injured employee and works like an insurance policy.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Contact Us

New Jersey Workers’ Compensation law is complicated and can get very overwhelming very quickly. If you or a loved got injured at work, remember to follow these simple steps to help ensure your claim but also, more importantly, your health! Here a Goldberg and Wolf, we are proud to serve Cherry Hill and the surrounding areas. If you have any questions or need assistance with a claim, contact us or call 865-651-1600.

How the Workers’ Compensation Act can help if you are Hurt at Work

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.

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.

Report

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.

Accident REPORT

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.

Additional Claims

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.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

WC Attorneys

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.