Workers' Compensation Attorneys in Morristown, New Jersey
If you receive a W-2, your employer is most likely required to provide workers’ comp coverage, which pays medical bills and some lost wages if you are injured on the job. In exchange for this coverage, you waive the right to sue you employer for injuries, although you still may be allowed to sue in certain circumstances.
Do I Need Workers’ Comp Insurance?
Workers who are not classified as employees receive a 1099 form at the end of the tax year. Unscrupulous employers sometimes miscategorize employees as independent contractors or consultants to avoid paying workers’ comp premiums and other expenses for them.
Employers are not required by state law to purchase coverage for independent contractors, but many companies who hire independent contractors require them to have their own workers’ compensation coverage.
Independent contractors who are injured while performing work for a company and are not covered by workers’ comp may sue for injuries or use arbitration to receive compensation. Depending on the risk of injury associated with the job, the company may conclude that the potential costs of a lawsuit is not worth hiring an independent contractor.
With this in mind, independent contractors may decide that the cost of workers’ comp insurance is worth it to get more work. If you are an independent contractor, purchasing a workers’ comp policy is vital if you want to be covered in case of an injury sustained on the job. The cost and amount of coverage you need usually depend on the inherent risks in the type of work you do.
If you are an independent contractor who isn’t working for a company, you also should consider purchasing workers’ comp insurance. If your job involves a high risk of injury and you hurt yourself, you may not be able to work for weeks or even months. Although medical insurance may cover some expenses, lost wages can have dire financial consequences.
How to Get Workers’ Compensation Insurance
If you’re a freelancer who performs low-risk work such as writing or graphic design, it may be difficult to find a workers’ comp policy. Many major insurers do not offer such small policies, but small private insurance companies may offer workers’ compensation policies. Many states also have workers’ compensation funds for those who can’t find a policy on the voluntary market. Depending on the state, sole proprietors, freelancers, and independent contractors may be able to purchase a policy from these funds if they can’t receive coverage from private insurers.
If you are an independent contractor and have been injured on the job or have questions about workers’ compensation coverage, the experienced legal team at The Law Offices of Gold, Albanese, Barletti LLC, can help you determine the best course of action. Contact us to schedule a free consultation.
Experienced New Jersey Workers' Compensation Lawyers Can Help You Get the Benefits You Deserve
Getting injured at work, no matter what the type or severity of the injury, can be a stressful experience. You might be facing high medical bills or being unable to go back to work, and getting the proper care for workplace injuries is more complicated than going to the doctor for injuries sustained in your free time. 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.
The workers' compensation lawyers at The Law Offices of Gold, Albanese, Barletti LLC have decades of experience representing injured workers throughout the state of New Jersey.
What Qualifies as a Workers Compensation Injury in New Jersey?
Injury Due to Machinery or Equipment
Injuries Sustained Due to Lifting, Bending, or Twisting
Vehicle Accident While Driving for Work
Generally, in order to be able to file a workers' compensation claim, you must meet four basic requirements:
You are an employee of the company where the injury took place.
You have an injury or illness you sustained either at work or while performing work-related duties off-site.
Your employer has workers comp insurance, which is required by law in New Jersey.
You reported your injury and filed for compensation within New Jersey’s deadlines.
You must file a claim petition within two years of the injury/illness or the last payment of compensation, whichever comes last.
Meeting these necessary requirements can make you eligible for workers' compensation benefits.
How Does Workers Compensation Work in NJ?
If you are injured while working, either at work or off-site, the first thing you should do is report your injury to your supervisor. Once your employer has been notified, you should seek immediate medical attention. Under New Jersey workers’ compensation laws, 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 to have your injury evaluated.
Your employer will then notify their workers’ compensation insurance carrier immediately. The insurance company will evaluate the claim and determine whether you are eligible for worker’s compensation benefits under the circumstances. If there is a dispute between you and your employer or their insurance carrier over your entitlement to benefits, you may file a claim petition with the NJ Division of Workers Compensation.
How Much Does Workers Comp Pay in New Jersey?
The compensation for a workplace injury varies depending on the situation and the extent of the injury. Under New Jersey law, workers’ compensation is a ‘no fault’ insurance program. This means that an injured employee is entitled to benefits regardless of who was responsible for the accident, as long as it happened at work or was work-related. Workers compensation benefits include:
Medical Benefits: These benefits compensate you for any necessary and reasonable medical treatments related to your injury.
Temporary Total Disability Benefits: These are wage loss benefits to compensate you for the period of time when you are unable to work. They are usually set at 70% of your average weekly wages before the injury.
Permanent Partial Disability Benefits: These benefits compensate you if your workplace injury has caused a permanent impairment.
Permanent Total Disability Benefits: These benefits compensate you if you are no longer able to work due to your injuries.
Wrongful Death Benefits: These benefits compensate the dependents of employees who die because of a workplace injury or illness.
Do I Need a Lawyer for Workers’ Compensation?
If you are injured while working, it is very important to understand your rights and options. Any mistake in filing a claim or presenting your case can result in the loss of benefits you deserve. That is why it is critical to seek the help of experienced NJ workers' compensation lawyers. We will thoroughly investigate your case and fight to get you the proper compensation for your injuries. If your claim is denied, we can appeal it and help you get the benefits you are entitled to, even if it has already been closed.
How Much Does a Workers Comp Lawyer Cost?
Employees who are injured at work are often concerned about how they will pay for a lawyer when they are unable to work. Our payment for workers’ compensation cases is on a contingency basis, which means there is no upfront cost to you, and there will be no fee until we win your case. We also offer free consultations if you would like to discuss the details of your case with us before moving forward.
Frequently Asked Questions About NJ Workers' Compensation
We get a lot of questions from our clients about the New Jersey workers' compensation process. Here are some common questions we are asked:
How Long Does Workers Comp Last in NJ?
What Should I Do When I’m Injured On The Job?
How Do I Get The Fullest Possible Compensation?
How Do I Establish Fault?
How Much Does Permanent Disability Pay in NJ?
Where Do I Direct My Workers Compensation Case?
How Much Money Will Workers Compensation Payout for a Lower Back Injury?
Do I Still Get Workers Comp if I Quit?
Can You Be Fired While On Workers Comp in NJ?
Is Workers Comp Taxable in NJ?
Is Workers’ Compensation Insurance Required In New Jersey?
What Counts as a Workplace Injury?
Can I Work Another Job While on Workers Comp?
How Does Careless Behavior Influence A Workers’ Compensation Case?
What Are the Most Common Workers Comp Injuries?
We can help you understand your rights and options after a workplace injury with answers to these questions and more. See our Frequently Asked Questions section for more information.