Have you been injured on the job? If so, you are not alone, according to the Department of Labor’s Bureau of Labor Statistics, about 3 million individuals sustained injuries at work in the private sector alone in a single year in the U.S.
If you are the victim of a job-related injury or illness, you should know that New Jersey law gives you the right to certain important benefits. New Jersey requires every employer to carry workers’ compensation insurance coverage, which covers the medical care of employee injuries, and provides benefits for income replacement and disabilities as needed. If you are injured on the job, you should be able to get medical treatment simply by telling your employer that you were injured during the course of your employment and then going to the doctors hired by your employer’s worker’s compensation carrier for your medical care. Of course, it’s never really that simple, and hopefully the following outline will help you understand your rights.
Common Workplace Accidents and Injuries
Many different types of accidents can happen at workplaces, from construction sites to manufacturing plants and even seemingly harmless office buildings. Many workplace injuries and illnesses require extensive medical treatment and can leave workers with long-term effects and limitations. If you hurt yourself on the job, even if it was no one’s fault, you are entitled to worker’s compensation benefits, entitling you to medical treatment, temporary wages and, depending on the severity of your injury, an award of permanency.
From injuries on the job due to a trip and fall, an automobile collision, or to accidents involving power tools or heavy equipment, we can help you get the worker’s compensation benefits due to you. Some of the most common workplace injuries and illnesses can include:
- Back injuries
- Respiratory problems
- Traumatic brain injury (TBI)
- Spinal cord injury
- Vision or hearing loss or impairment
- Repetitive stress injuries (such as carpal tunnel syndrome)
- Cancers from asbestos or other toxins
Workers’ Compensation Claim Process
Workers’ compensation insurance policies are there to cover the costs of on-the-job injuries, without regard to fault. Nonetheless, we sometimes see employers refuse to acknowledge a work-related injury, or an insurer deny a claim. Here are tips that we provide before you even attempt to consult with an attorney:
- Report Your Accident to your Employer. If your employer does not complete an accident report or formal reporting process, get the names of any co-employees or others who may have witnessed your accident. Also, see if there are any cameras that may have recorded your accident. One defense that your employer can make is denying that you were injured during the course of your employment. The sooner that you can report your accident and get documents or witnesses proving your on-the-job accident, the better off you will be.
- Your Employer Controls Your Medical Treatment. Apart from possibly being hospitalized after a work accident, you cannot just go to any doctor for treatment. All medical treatment that you receive must go through the doctors and medical providers selected by your employer’s worker’s compensation insurance carrier.
If you call us, for a FREE consultation, we know how to quickly look up the insurance carrier for nearly every employer in New Jersey and can immediately guide you to get the medical attention that you need. Here are other reasons why worker’s compensation claims are denied:
- You did not inform your employer of your injury or file a claim within the appropriate amount of time.
- Your employer or their insurer claims that your injury is not work-related.
- Your employer or their insurer claims your injury is due to a pre-existing condition.
- Your employer or their insurer disputes the amount or type of medical treatment that was necessary for your injury and/or the amount of work you must miss to recover.
Whatever the reason for your claim denial, if we have our say, that denial will not be the final word. It is not our first time at the proverbial rodeo, and we know how to use the facts to get you the medical treatment that you need and your wages paid so that you can focus on getting better.
Retain Workers’ Compensation Representation
While it is not always necessary to hire a workers’ compensation lawyer to get medical treatment and even temporary wages, it is necessary to hire a skilled worker’s compensation attorney to file a claim for an award of permanency, which will monetarily award you for the loss of use of a body part. If you only receive medical treatment and your wages paid without hiring an attorney you are really treating yourself unfairly. Moreover, you may be ignoring the possibility of having two claims that could bring you some monetary compensation.
With worker’s compensation, you give up the right to sue your employer in exchange for receiving worker’s compensation benefits. It is entirely possible, however, that someone else is at fault for your work related injuries. The simplest example is a worker injured in an automobile collision during the course of employment. That injured worker can recover worker’s compensation benefits from his employer and assert a second claim against the other party (i.e. driver of the other car). Be certain that we will explore all of your legal options if you call us for a FREE consultation. Oh, and you should know that the Passaic County Worker’s Compensation Court is in our building. This makes it extremely convenient for our clients.
Discuss Your Claim with Our NJ Workers’ Compensation Lawyer as Soon as Possible
Don’t shortchange yourself by not speaking with an attorney and certainly do not go without the medical treatment or wages that you are entitled to receive. Call us as soon as possible after you are injured at work. We DO NOT CHARGE FOR A CONSULTATION AND YOU PAY NOTHING IF WE DO NOT WIN. In fact, in Worker’s Compensation, the defense pays a large portion of our legal fees if we are successful on your behalf. You have nothing to lose by allowing us to protect your interests. Please do not hesitate to call (973) 278-1124 to speak with us today.