If you have suffered a workplace injury, no matter how severe, getting the proper medical treatment or being unable to go back to work can be a difficult and stressful experience. This is why every employer in New Jersey is required by law to have workers’ compensation insurance. There are state laws in place to make sure that employees who suffer workplace injuries or illness can pay their medical bills, recover lost wages for being out of work, and claim disability benefits if unable to go back to work. With offices in Morristown, NJ and Red Bank, NJ, the experienced workers compensation lawyers at Gold, Albanese, Barletti & Locascio, L.L.C. have decades of experience representing injured workers throughout the state of New Jersey. Here are some frequently asked questions about workers’ comp laws in New Jersey.
New Jersey Workers’ Compensation FAQ - Table of Contents
- What Should I Do If I’m Hurt on The Job?
- What Type of Workers’ Comp Benefits Am I Entitled To Receive?
- Am I Entitled to Additional Compensation For My Injuries?
- Will I Get Fired If I File a Formal Claim?
- If I was injured at work and am missing work, how can I afford to hire an attorney to assist me?
- Are workers’ compensation benefits available if I was injured somewhere other than my place of employment?
- Do I need an attorney to bring a WC claim?
- Why Should I Hire an Attorney?
What Should I Do If I’m Hurt on The Job?
After any accident, it is essential to report the incident to your supervisor, foreman, or human resources department and seek medical treatment as soon as possible. Under New Jersey workers’ compensation law, your employer or their insurance carrier can select the health care providers to treat your work-related injuries. Ask your employer for a list of eligible health care providers and go to the ER or doctor right away.
What Type of Workers’ Comp Benefits Am I Entitled To Receive?
When you are hurt at work, an employer or its workers’ compensation insurance company is required to pay for all necessary and reasonable medical treatment related to your injury. If you are out of work for a period of more than seven days, you will be eligible for temporary disability benefits. Compensation for lost wages is paid at a rate of 70 percent of your average weekly pay. These benefits are provided during the period when you are unable to work and under active medical care.
Am I Entitled to Additional Compensation For My Injuries?
If you sustained injuries due to malfunctioning equipment, a toxic substance or other defective product, you may be eligible for compensation from the manufacturer of that product as well. Our skilled legal team has extensive experience in handling defective product claims. We will assess your case and determine whether pursuing such a claim is in your best interest.
Will I Get Fired If I File a Formal Claim?
No. It is against the law for an employer to fire someone for filing a workers’ compensation claim with the state of New Jersey. If you have been fired for filing a claim, a New Jersey workers’ compensation attorney can help to protect your rights as an injured worker.
If I was injured at work and am missing work, how can I afford to hire an attorney to assist me?
The WC attorneys at GABL work on a contingency basis meaning there are no upfront costs of fees to you. They only get compensated if they are successful in obtaining a recovery for you.
Are workers’ compensation benefits available if I was injured somewhere other than my place of employment?
Yes. Generally, the key to whether you are entitled to WC benefits is “what you were doing”, not where you were doing it. For example if you are a salesperson and were making a sales call to a client when you were hurt, you were “working” at the time of the injury and are entitled to be compensated for your injuries.
Do I need an attorney to bring a WC claim?
Technically no, but the amount of your recovery almost always depends upon how your claim is presented and if you do not provide the insurance company or the workers compensation with the evidence that presents your claim in its most favorable light, you will not receive the compensation you would otherwise be entitled to. Additionally, although you may have been injured while working, sometimes there are other persons or entities that should also be held accountable for your injuries. Using the example from above, if you are a salesperson and were injured as a result of falling on ice outside your client’s place of business, you are not only entitled to WC benefits from your employer, but you would also be entitled to bring what is called a “third party claim” against your client or against maintenance companies like a snow removal company, your client’s landlord or a property manager. The claims against those other that your employer have to be brought in a different venue and having an experienced attorney to advocate on your behalf is crucial to obtaining the maximum compensation available to you.
Why Should I Hire an Attorney?
Our experienced New Jersey workers’ compensation attorneys have handled thousands of workers’ comp claims and will fight to help you receive the compensation you deserve.