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Workers Compensation

Is Workers’ Compensation Insurance Required In New Jersey? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Is Workers’ Compensation Insurance Required In New Jersey?

According to the U.S Bureau of Labor Statistics, millions of Americans will get injured on the job each year. If you have been injured or became ill as a result of your job, you could be entitled to workers’ compensation benefits under the New Jersey law.

What Is Workers’ Compensation Insurance?

Workers’ compensation insurance will protect the employee in case of a medical emergency that occurred while the employee was working. Injuries could include:

• Disability
• Bodily injuries
• Death
• Illness caused by working

Workers’ compensation insurance will hold the employer accountable in case any of these situations happen to their employees.

Is Workers’ Compensation Insurance Required in New Jersey?

Under New Jersey law, it is required that employers provide workers’ compensation insurance for their employees. Contact us if your employer does not have a workers’ compensation insurance policy.

Self-Insurance

Self-insurance can be obtained through applying and getting approved by the Commissioner of the Department of Banking and Insurance. In order to get approved, it is based on the financial capability of your employer and whether they can meet certain obligations under the law.

One thing to remember is that only employees are covered under New Jersey’s Workers’ Compensation laws, and anyone that works independently, such as contractors would not be able to file a workers’ compensation claim. The only individuals that would be considered exempt from workers’ compensation insurance would be:

• Unpaid interns
• Unpaid volunteers
• Sole proprietors with no employees
• Independent contractors

Businesses that are limited liability, partnerships, corporations, or even hire part-time workers will still need to provide their employees with workers’ compensation insurance.

What Happens If Your Employer Doesn’t Have Workers’ Compensation Insurance?

Any New Jersey employer who fails to provide workers’ compensation insurance to their employees could face major consequences. Employers can be faced with 4th-degree criminal charges and would have to pay fines of up to $5,000 for the first 10 days and up to $5,000 for each day after the 10 day period of time.

Injured workers whose employer has failed to provide workers’ compensation insurance also have the option to receive medical and temporary disability benefits from the Uninsured Employers Fund. This process can be difficult to handle on your own, and our experienced attorneys could help properly file the claim.

What If Your Employer Has Coverage But Refuses To Report Your Injury?

If your employer does provide workers’ compensation insurance but refuses to report your injury, you can try reaching out to your insurance carrier yourself. The insurer’s name and contact information should be located on your company’s proof of insurance notification. This is required to be present in the workplace.

Workers’ Compensation Benefits

Workers’ compensation benefits will be available for any employee that has been injured or gotten sick on the job. Depending on the type of injuries sustained will determine the exact type of benefits the employee will receive. Benefits can include

• Medical benefits
• Temporary total disability benefits
• Permanent partial disability benefits
• Wrongful death benefits

In order to obtain these benefits, it is crucial that the employee who was injured or ill report to their employer immediately. All it would take is a verbal statement about what happened to any supervisor or higher authority.

Contact Our New Jersey Workers’ Compensation Lawyers Today

If you have been injured at work and are not insured, or your employer refuses to report your workplace injury, contact our worker’s compensation lawyers as soon as possible. We can help you get your claim heard, and the compensation that you deserve. For more information or questions on workers’ compensation, visit our frequently asked questions page.

Can I Be Fired For Filing An OSHA Complaint? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Can I Be Fired For Filing An OSHA Complaint?

Workers should always feel comfortable and secure reporting any accidents or violations in the workplace, and should not feel as if they could be fired for filing an OSHA complaint. The U.S Occupational Safety and Health Administration (OSHA) is an agency that strives to make sure that businesses are providing safe and healthy working conditions for their employees. These working conditions must abide by the Occupational Safety and Health Act of 1970.    

Violating OSHA Laws       

Unfortunately, from time to time companies can violate OSHA laws, and this can result in workers becoming injured. If this happens, it is best to contact a worker’s compensation lawyer, as you might be able to get compensation for your injuries. 

The worker’s compensation lawyers at Gold, Albanese & Barletti, L.L.C. have decades of experience representing injured workers throughout the State of New Jersey, including Morristown and Red Bank where our offices are located.  

Reporting OSHA Violations in NJ

Under the Occupational Safety and Health Act of 1970, workers have the right to file an OSHA complaint if they feel their health and safety in the workplace are at risk. It is recommended that individuals who wish to file a complaint do so very soon after they become aware of the workplace hazard. OSHA can only issue citations for current violations and violations that have occurred within the past 6 months.  

If you do not wish to file a complaint, you can still call OSHA to report safety conditions. There is also the option to contact them through email or U.S mail.

Can I Be Fired For Filing An OSHA Complaint? 

If you report or file an OSHA complaint, your employer is legally prohibited from firing you. If you become aware of unsafe working conditions, ultimately it is up to you whether or not you want to report it. To avoid any complications with employers, we recommend taking a few steps to mitigate any potential risk from your employer. 

  • Speak with coworkers – A group of people filing a complaint will be more powerful than just one person. This can also avoid employers targeting one specific individual with anger.
  • Try to talk to a supervisor or someone above you before filing an OSHA complaint, there are times when unsafe working conditions can be accidentally overlooked, and talking to a supervisor can resolve the issue.
  • If you have taken these steps, and yet there are still unsafe or unhealthy working conditions, it is probably best to contact OSHA and file a complaint. Be specific, and if there is immediate danger to someone’s life, make sure you notify them as they will prioritize complaints that are life-threatening.

What Happens When I File An OSHA Complaint?

After you file a complaint, OSHA will contact you to determine if they will need to conduct an investigation. It’s imperative that you respond to OSHA as soon as possible otherwise they will dismiss your complaint. It is also important to note that a whistleblower complaint made to OSHA will not be confidential. If OSHA decides to move forward with your complaint, they will notify your employer to which they will have the opportunity to respond to your complaint if they choose. 

Prioritize Healthy & Safe Working Conditions To Avoid OSHA Complaints

Workers should never feel as if their life is in danger when they go to work every day. It is their employer’s responsibility to ensure a healthy and safe work environment. If employees address issues that are concerning to them, employers should make the necessary changes to ensure that everyone feels safe and protected during their time at work.  

If you feel uncomfortable with your work environment and feel that it is violating OSHA laws, don’t hesitate to contact OSHA as soon as it comes to your attention. 

Our NJ OSHA Attorneys Can Help You, Contact Gold, Albanese & Barletti, L.L.C Today.

If you have been wrongfully terminated for filing an OSHA complaint, or have questions about OSHA complaints, contact us today. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.

Bringing A Personal Injury Case If You’re Hurt In An Explosion | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Bringing A Personal Injury Case If You’re Hurt In An Explosion

Explosions can cause catastrophic injuries such as burns, lacerations, broken bones, head injuries, electrocution and hearing loss. Our experienced attorneys at The Law Offices of Gold, Albanese & Barletti, LLC, have handled many personal injury cases involving all types of explosions at plants, factories, construction sites, public places and private residences.

Recovering Damages If You Are Injured In An Explosion

Burn injuries are among the most common and painful injuries that may be sustained in explosions. Serious burns often require costly medical treatment such as skin grafts and plastic surgery and can cause scarring and fatal infections. Psychological injuries like PTSD and anxiety can have a long-term impact on explosion victims that may never go away.

These devastating conditions can prevent victims from returning to their previous levels of functioning and lead to lifelong physical, financial and emotional repercussions. Whether you’ve been injured in an explosion at work, at home or in a public place, it’s vital to seek the counsel of a skilled attorney who understands how to handle all aspects of your personal injury case.

Workers’ Compensation Benefits

If you were injured in an explosion while you were on the job, your employer Is required to provide benefits for your medical expenses, a portion of lost wages and other damages. An experienced workers’ compensation lawyer will investigate the facts of your personal injury claim to see if any unsafe conditions or OSHA violations caused your injuries and ensure that you get all the benefits to which you are entitled.

Product Liability Claims

Malfunctioning machinery, defective stoves and insufficient instructions for handling flammable materials are all causes of explosions. If the explosion that caused your injuries was due to a design or manufacturing defect, you may be entitled to bring a personal injury case against the manufacturer, distributor and seller of that product. Product liability attorneys are well-versed in determining which parties may be liable for your injuries and can advise you on the best course of action to take for maximum compensation.

When You Are Injured In An Explosion In A Public Place

Explosions also occur when crews are working on gas, power and water lines. An unfortunate reality in today’s world is that deadly injuries may be sustained from explosions involving terror attacks as well. If you were injured in an explosion caused by a utility company or a terror attack that could have been prevented, a government entity may be liable for your damages. A private or public entity may also be liable if an explosion that occurred at your home or workplace was caused by a utility company’s negligence.

These types of cases can be complex, and government agencies have strict rules and deadlines for filing claims. Seeking the assistance of a qualified attorney who knows the ins and outs of filing a personal injury case against a public entity is vital to ensure all your legal bases are covered in an accurate and timely fashion.

Is It Possible To Get Workers’ Comp For Depression In New Jersey? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Is It Possible To Get Workers’ Comp For Depression In New Jersey?

The federal government demands that states have a program providing workers with compensation for on-the-job injuries. Unless your employer is exempt because of its size or the scope of the work, you have the legal right to file a compensation claim for work-related injuries of all sorts, including depression and anxiety.

What Is A Job-Related Injury?

Work-related compensation claims cover physical and mental injuries that occur on the job. Physical injuries, such as broken limbs or chemical burns, often are readily visible and easy to claim, while mental health injuries might require medical and legal proof.

At Gold, Albanese & Barletti, LLC, our experienced team advocates for victims of physical and mental health injuries resulting from the workplace environment.

What Are The Causes Of Work-Related Depression And Anxiety?

Compensation claims related to depression are sometimes connected to a physical injury. If you were injured at work and developed depression as a result of the the physical injury, you can file a related claim for your mental health damages. The first claim will provide compensation until you reach maximum physical healing while the second compensates you during your mental and emotional healing.

Some instances of workplace-induced depression don’t involve a physical injury. Workers can experience workplace depression as a result of bullying, sexual harassment or other severe mistreatment.

What Are The Signs Of Depression?

It can often be difficult to see the signs of depression, particularly in yourself. Patients who are engaged with a busy medical schedule often don’t stop to assess their mental health. Symptoms of depression include:

  • Hopelessness
  • Guilt
  • Fatigue
  • Irritability
  • Persistent feelings of emptiness and loss of interest
  • Poor sleep
  • Cognitive decline
  • Appetite change

Can I Get Workers’ Comp For My Job-Related Depression?

Yes. Whether your employment caused the depression or aggravated a pre-existing condition, you deserve compensation during your recovery. Depression resulting from a work-related physical injury also qualifies you for workers’ comp.

Where Should I Begin?

If you or a loved one is exhibiting signs of depression related to a workplace incident, you might qualify for workers’ compensation. At Gold, Albanese & Barletti, LLC, we can help you navigate through the process. Request a free consultation by filing out the contact form or calling our office at 732-936-9901.